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from Jim Gaines:

Clear-eyed dissent from Supreme Court’s ruling to allow Texas voter ID law

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Before dawn on Saturday morning, the Supreme Court issued a terse, unsigned ruling that, in effect, endorsed Texas’s voter-ID law, the most restrictive such law in the nation.

On October 9, in a 147-page opinion that followed a two-week trial on the facts, the Federal District Court in Corpus Christi had struck down the law, known as Senate Bill 14, as patently discriminatory, the equivalent of a poll tax. A week later that court’s injunction was overturned by a three-judge panel of the U.S. Appeals Court for the Fifth Circuit.  It was this stay of the injunction — in effect a decision to let the voter-ID law go into effect — that  the Supreme Court left in place in on Saturday with its 57-word decision. The decision did not articulate the Court’s reasoning, but a blistering dissent made clear that its basis was not Senate Bill 14, but rather the confusion that a change so close to the election might create.

Excerpts of that dissent, written by Justice Ruth Bader Ginsberg and  joined by justices Sonia Sotomayor and Elena Kagan, are below. For ease of reading citations are omitted, but they can be found in the full text here.

I would not upset the District Court’s reasoned, record-based judgment, which the Fifth Circuit accorded little, if any, deference … The fact-intensive nature of this case does not justify the Court of Appeals’ stay order; to the contrary, the Fifth Circuit’s refusal to home in on the facts found by the district court is precisely why this Court should vacate the stay….

from Expert Zone:

India Markets Weekahead: Time to lighten commitments as extended honeymoon almost over

(Any opinions expressed here are those of the author and not of Thomson Reuters)

The past week was one of the most eventful post the general elections, and the action continued till Saturday with a landmark speech by Prime Minister Narendra Modi at the U.N. General Assembly and Tamil Nadu Chief Minister Jayalalithaa Jayaram being sentenced to four years in jail in a corruption case. Markets were volatile and the Nifty closed the week at 7,968, down 2 percent despite a recovery on Friday.

The week started on a positive note but weaker European manufacturing data and concerns about growth in China led the markets to crack.  The Supreme Court’s decision to charge a penalty as well as deallocate almost all coal blocks awarded since 1993 led to another bout of selling in power, metal and banking stocks.

from Jim Gaines:

A constitutional amendment to take Big Money out of politics dies quietly

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This week the U.S. Senate considered a constitutional amendment that would have allowed Congress and state legislatures to limit the power of money in politics. The debate was not much covered in the media because the outcome was so predictable. But the party-line vote that killed it should not go unnoted.

A remarkable majority of the American public — 79 percent according to Gallup — want campaign finance reform. The right and left, the Tea Party and Occupy Wall Street, even Jon Stewart and Bill O’Reilly agree that, left unchecked, Big Money corrupts politics and undermines democracy.

from Breakingviews:

TV broadcasters missing big picture in Aereo fight

By Reynolds Holding

The author is a Breakingviews columnist. The opinions expressed are his own.

Television broadcasters are missing the big picture in their courtroom spat with Aereo. CBS, Disney-owned ABC and others don’t want the streaming startup backed by media mogul Barry Diller reborn as a cable company. But conceding now could put online services and the likes of Time Warner Cable on equal legal footing, creating more competition – and higher fees – for content.

Aereo seemed doomed only two months ago. The U.S. Supreme Court decided it violated copyright law by leasing to each subscriber a dime-sized antenna that received broadcasting signals for free and streamed them over the internet. Like a cable operator, the court ruled, it had to pay for programming.

from India Insight:

Markandey Katju: Ex-India Supreme Court judge stirs the pot

Comments by retired Supreme Court judge Markandey Katju had India’s parliament in uproar this week. In a blog post published by the Times of India, the chairman of the Press Council of India hinted at a connection between the government and the judiciary in the elevation of an allegedly corrupt judge in Tamil Nadu.

This isn’t the first time that the man heading India’s print media oversight body has stirred the pot. Katju was known among his peers as an outspoken judge who passed landmark judgements and made scathing remarks in several cases.

from The Great Debate:

What’s the 2014 election really about? Religious vs. women’s rights

Demonstrators gather in front of the U.S. Supreme Court for the "Not My Boss's Business" rally for women's health and rights in Washington

Religious rights versus women's rights. That's about as fundamental a clash as you can get in U.S. politics. It's now at the core of the 2014 election campaign, with both parties girding for battle.

What generated the showdown was last week's U.S. Supreme Court decision in the Hobby Lobby case. The decision instantly became a rallying cry for activists on both the right and left. Congressional Democrats are already proposing a law to nullify the decision. “It's shameful that a woman's access to contraception is even up for debate in 2014,” Senator Kay Hagan (D-N.C.) said.   Conservative blogger Erick Erickson crowed, “My religion trumps your ‘right’ to employer-subsidized, consequence-free sex.”

from Stories I’d like to see:

How much is contraception coverage and costly violations for BNP Paribas

justices

1. Does health insurance covering contraception actually cost anything?

In this article about a renewed fight at the U.S. Supreme Court just days after its decision about whether the owners of the Hobby Lobby retail chain had to buy insurance covering certain forms of contraception, the New York Times’ ace court reporter Adam Liptak wrote:

The majority opinion there, written by Justice Samuel A. Alito Jr., seemed to suggest that the forms could play a role in an arrangement that was an acceptable alternative to having employers pay for the coverage. Under the arrangement, insurance companies that receive the forms pay for the coverage on the theory that it costs no more to provide contraception than to pay for pregnancies.

from Alison Frankel:

SCOTUS Libor case, by itself, won’t revive antitrust claims

Don't get too excited about the news Monday that the U.S. Supreme Court has agreed to hear the appeal of bond investors whose antitrust claims against the global banks involved in the Libor-setting process were tossed last year.

Untold billions of dollars are at stake in the Libor litigation, in which investors in all sorts of securities pegged to the London Interbank Offered Rate claim that the banks conspired to manipulate the interest rate benchmark. There are now about 60 cases consolidated in the Libor multidistrict litigation before U.S. District Judge Naomi Reice Buchwald in Manhattan, asserting a potpourri of state and federal securities, racketeering and fraud claims as well as violations of federal antitrust laws. Last year, Judge Buchwald gave the bank defendants an almost priceless gift when she concluded that U.S. antitrust laws don't cover the sort of rate-rigging alleged in the Libor scandal because the banks' conduct wasn't anticompetitive. Buchwald has permitted other pieces of the litigation to move forward, most recently refusing to dismiss classwide unjust enrichment claims in an 80-page decision last week, but has refused to re-instate the big-money antitrust allegations, which offer the prospect of treble damages.

from The Great Debate:

Despite Scalia, Supreme Court sends Obama a progressive message

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In a decision widely perceived as a setback for President Barack Obama last week, the U.S. Supreme Court rejected the president’s recess appointment of three members of the National Labor Relations Board. Though the ruling could mean Obama never makes another recess appointment, the court’s reasoning is a substantial victory for progressives. It decisively rebuffs the wrongheaded, rigid brand of originalism that argues only the framers’ original intent is relevant in interpreting the Constitution -- which conservative justices have supported for decades.

The court’s judgment was unanimous, yet the two separate opinions issued highlight the deep ideological fissure dividing the four conservative justices from the five who joined the court’s opinion. A majority of justices embraced a pragmatic reading of the Constitution, taking account of the nation’s rich experience over the past 225 years. That approach is far removed from the conservative justices’ unrealistic insistence that the Constitution is frozen in the late 18th century.

from The Great Debate:

Supreme Court’s Hobby Lobby decision puts faith in compromise

Anti-abortion demonstrators high five as the ruling for Hobby Lobby was announced outside the U.S. Supreme Court in Washington

On Monday the Supreme Court decided its most anticipated case of the year. According to a sharply divided 5-4 court, the government cannot compel a closely-held corporation to provide contraceptive coverage as part of its Affordable Care Act-mandated employee insurance plans.

This was the expected result: four conservatives in favor, four liberals against, and Justice Kennedy concurring in the middle. Yet while many are calling the ruling a victory for conservatives and a loss for women’s (and by extension, LGBT) rights, Justice Alito’s majority opinion is actually far more limited than many had expected. Here’s why.

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