U.S. Supreme Court

health
7:36 am
Thu March 29, 2012

White House Aide To Skeptical Journalists: No Contingency Plan On Health Law

White House Deputy Press Secretary Josh Earnest in February 2012.
Susan Walsh AP

Originally published on Wed March 28, 2012 5:20 pm

No matter how many times he said it Wednesday, the White House press corps just didn't seem to be buying deputy press secretary Josh Earnest's assertion that Obama administration officials weren't working on contingency plans just in case the Supreme Court strikes down the Affordable Care Act.

They also weren't taking at face value Earnest's defense of Solicitor General Donald Verrilli's performance on behalf of the administration Tuesday which has been widely criticized as nervous, halting and all-around less-than-inspiring.

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Health
5:12 pm
Wed March 28, 2012

Medicaid Expansion Caps Supreme Court Arguments

Supporters of the health care law rally in front of the Supreme Court Wednesday, the final day of arguments over its constitutionality.
Charles Dharapak AP

Originally published on Wed March 28, 2012 1:58 pm

The last argument on the Affordable Care Act before the Supreme Court could have consequences far beyond health care.

The key issue is whether the health law's expansion of the Medicaid program for the poor unfairly compels the participation of states. Many considered this to be the weakest part of the states' challenge to the health law, and during Wednesday afternoon's arguments, that seemed to be the case.

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Health
11:20 am
Wed March 28, 2012

Timeline: The Supreme Court, the Affordable Care Act and Texas

The U.S, Supreme Court is taking up its third and final day of arguments on the Affordable Care Act today,
Photo courtesy wallyg, flickr.com/70323761@N00

The U.S. Supreme Court’s consideration of the Affordable Care Act, President Barack Obama’s set of signature health care reforms, has broad implications for the nation and Texas.

This morning’s hearing on the reforms’ effects has Texas ties. State Attorney General Greg Abbott has argued the national expansion of Medicaid coerces states into compliance, an issue the court is taking up today.  

KUT News’ reporting partner, The Texas Tribune, has created a Storify timeline detailing how yesterday’s discussion of the constitutionality of an individual insurance mandate – which was widely seen as critical of the requirement – reverberated in Texas. 

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Health
9:49 am
Wed March 28, 2012

Supreme Court's Medicaid Decision Could Reach Far Beyond Health Care

The final argument the Supreme Court will hear about the new health care law is whether its Medicaid expansion unfairly forces states to participate.
Adam Cole NPR

Originally published on Wed March 28, 2012 9:56 am

After Tuesday's judicial fireworks, the Supreme Court wraps up arguments on the new health care law Wednesday by focusing on two questions. The first involves what would happen if the "individual mandate" — the core of the law that requires most people to have health insurance — is struck down. Would the rest of the law fall, too, or could some provisions stay?

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Health
3:21 pm
Tue March 27, 2012

At Supreme Court: Health Care Ruling Still Too Close To Call?

Originally published on Tue March 27, 2012 11:32 am

Here's some of the early word about today's Supreme Court hearing on the constitutionality of the nation's new health care overhaul law:

-- Five Justices Were Tough: Five members of the court "beat him up pretty hard," NPR's Nina Totenberg says of how the justices treated the counsel representing the government. But she also says, "I don't think you can call this," when asked about whether the court will or won't strike down the so-called individual mandate in the law. Chief Justice John Roberts and Justice Anthony Kennedy "seem to be in play," Nina reports.

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AM Update
8:03 am
Wed March 21, 2012

AM Update: The Supreme Court and Texas Death Row, Pro Day at UT, Ron Paul’s Illinois Results

Two Texas Death Row inmates have hopes set on yesterday's U.S. Supreme Court ruling.
Photo illustration by Todd Wiseman, Texas Tribune

Supreme Court Decision Affects Death Row Inmates?

Two Texas death row inmates, including one who is set to be executed next week, hope a ruling yesterday from the U.S. Supreme Court will give them another chance to prove their innocence or that their crimes don’t warrant the death penalty.

KUT’s reporting partner, The Texas Tribune, reports the high court’s ruling in a case out of Arizona, Martinez v. Ryan, could expand appeals access for inmates:

The nation’s highest court ruled that the failure of initial state habeas lawyers to argue that their client’s trial counsel was ineffective should not prevent the defendant from making that argument later on.

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Politics
10:20 am
Tue March 20, 2012

New Republic: The Case Of The Century?

U.S. President Barack Obama delivers remarks during an event to mark the 90-day anniversary of the signing of the Affordable Care Act June 22, 2010 in Washington, DC.
Chip Somodevilla Getty Images

Originally published on Tue March 20, 2012 8:05 am

Jonathan Cohn is senior editor at The New Republic.

Next week the Supreme Court hears oral arguments in the lawsuits challenging the Affordable Care Act. But is it really the "case of the century," as pundits have started calling it?

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Education
2:25 pm
Tue February 21, 2012

Supreme Court to Consider Role of Race in College Admission

UT's admission policies, possibly including the "top 10 percent" rule, will be heard before the Supreme Court this fall.
Photo by KUT News

The U.S. Supreme Court will revisit the issue of race in college admissions

Today, the court agreed to hear a challenge to the affirmative action policy at the University of Texas. The case was brought by Abigail Fisher, who argues she was denied admission to the university because of UT's race-conscious policy.

It's the second time the court has taken up the issue in the past 10 years. In 2003, the court upheld the University of Michigan's use of race in assessing law school applicants by a vote of 5-4. But today's court is more conservative. Former Justice Sandra Day O'Connor wrote the majority opinion in the Michigan case. She's since been replaced by Justice Samuel Alito – who tends to vote with the court’s more conservative bloc.

Yale law professor Peter Schuck tells KUT News a number of factors outside the court’s University of Michigan ruling could be in play, as each state university system differs. Here in Texas, Schuck points to the effect the UT system’s “top 10 percent” rule could play.

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Politics
11:10 am
Fri January 20, 2012

How 'Reasonable' is the Supreme Court’s Redistricting Decision?

This map drawn by a San Antonio court needs to more closely resemble one passed by the Texas Legislature last year, the Supreme Court says.

It’s back to the drawing board for a San Antonio court that reworked Texas’ most recent redistricting plan.

This morning, the Supreme Court offered an opinion in a lawsuit brought by Gov. Rick Perry, representing the State of Texas, against members of a three-person San Antonio court. The San Antonio justices had rejected the Texas Legislature’s 2011 overhaul of congressional districts, drafting their own map of new districts.

At issue was Section 5 of the Voting Rights Act. Enforced in southern states including Texas, the act requires the Department of Justice to “preclear” election changes with the Department of Justice to ensure changes don’t adversely affect the ability of ethnic minorities to elect the candidates of their choice. The San Antonio court felt that with 2010 census numbers confirming explosive growth in Texas’ Hispanic and Latino population, the new map drawn by the Texas Legislature in 2011 wouldn’t meet preclearance standards.

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Politics
9:29 am
Fri January 20, 2012

Supreme Court Throws Out Redrawn District Maps

This morning, the Supreme Court asked a San Antonio court to create new electoral plans.
Photo courtesy http://en.wikipedia.org/wiki/User:350z33

The Associated Press reports the Supreme Court has dismissed the map of Texas electoral districts redrawn by a court in San Antonio. The districts were reworked by the San Antonio court amid complaints an earlier map drawn by the Texas Legislature in 2011 created gerrymandered districts and didn’t allow minority voters the opportunity to elect the candidate of their choice.

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Health
12:13 pm
Mon November 14, 2011

Supreme Court To Decide Constitutionality Of Health Care Law

Coming soon to the Supreme Court: Is the federal health overhaul constitutional?
dbking Flickr

Originally published on Mon November 14, 2011 9:57 am

Who didn't see this coming?

The Supreme Court has added a case challenging the constitutionality of the provision of last year's health overhaul requiring nearly every American to have health insurance beginning in the year 2014 to the list of cases it will hear this term.

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Texas
2:54 pm
Tue July 5, 2011

State Board Declines to Stop Execution of Mexican National

Photo of Humberto Leal, courtesy the Texas Department of Criminal Justice

Updated 4:40 pm: The Texas Board of Pardons and Paroles has voted to deny a request for reprieve from death row inmate Humberto Leal.

From the AP:

The panel voted 4-1 Tuesday to deny a reprieve request for 38-year-old Humberto. The same board refused by a 5-0 vote to commute Leal's death sentence to life in prison.

Leal's attorney issued a statement on the denial this afternoon. 

The Texas Board of Pardons and Paroles’ recommendation against a reprieve for Humberto Leal ignores the views of the U.S. government and Solicitor General, former diplomats, military leaders, judges and prosecutors, and organizations representing Americans abroad who believe that Mr. Leal’s execution would threaten the safety of Americans overseas and undermine the international interests of the United States. 

Earlier: State lawyers are asking the U.S. Supreme Court not to stop the execution of Mexican national Humberto Leal. The 38-year-old is scheduled to be killed on Thursday in Huntsville for the rape and murder of a 16-year-old San Antonio girl in 1994.

As KUT reported last week, Leal’s lawyers are appealing to the U.S. Supreme Court on the basis that Leal’s execution would violate an international treaty.

That’s because Leal was not made aware of his right to contact the Mexican consulate when he was arrested, a right guaranteed by the 1963 Vienna Convention on Consular Relations. His lawyers argue he may never have been convicted, or sentenced to death, if he had access to legal help.

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