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Posts tagged ‘UNANIMOUS’

More Supreme Court Good News for the Just


Supreme Court voids 35-foot abortion clinic protest buffer

http://www.foxnews.com/politics/2014/06/26/high-court-voids-35-foot-abortion-clinic-buffer/

Click on image to see movie trailer and more

Click on image to see movie trailer and more

The Supreme Court on Thursday struck down a 35-foot protest-free zone outside abortion clinics in Massachusetts.

The justices were unanimous in ruling that extending a buffer zone 35 feet from clinic entrances violates the First Amendment rights of protesters.

Chief Justice John Roberts said authorities have less intrusive ways to deal with problems outside the clinics and noted that most of the problems reported by police and the clinics occurred outside the Planned Parenthood facility in Boston, and only on Saturdays when the largest crowds typically gather.

“For a problem shown to arise only once a week in one city at one clinic, creating 35-foot buffer zones at every clinic across the Commonwealth is hardly a narrowly tailored solution,” Roberts said.

National death rate percentagesWhile the court was unanimous in the outcome, Roberts joined with the four liberal justices to strike down the buffer zone on narrow grounds. In a separate opinion, Justice Antonin Scalia criticized Roberts’ opinion for carrying forward “this court’s practice of giving abortion-rights advocates a pass when it comes to suppressing the free-speech rights of their opponents.”

The case began when Boston-area grandmother Eleanor McCullen and other abortion opponents sued over the limits on their activities at Planned Parenthood health centers in Boston, Springfield and Worcester. At the latter two sites, the protesters say they have little chance of reaching patients arriving by car because they must stay 35 feet from the entrance to those buildings’ parking lots.

Planned Parenthood provides health exams for women, cancer screenings, tests for sexually transmitted diseases, birth control and abortions at its clinics.

The organization said that the buffer zone has significantly reduced the harassment of patients and clinic employees. Before the 35-foot zone went into effect in 2007, protesters could stand next to the entrances and force patients to squeeze by, Planned Parenthood said.

Before 2007, a floating buffer zone kept protesters from approaching unwilling listeners any closer than 6 feet if they were within 18 feet of the clinic. The floating zone was modeled after a Colorado law that the Supreme Court upheld. That decision was not called into question in Thursday’s ruling.

Clinic officials said they are most concerned about safety because of past incidents of violence. In 1994, a gunman killed two receptionists and wounded five employees and volunteers at a Planned Parenthood facility and another abortion clinic in nearby Brookline. The most recent killing was in 2009, when Dr. George Tiller, who performed abortions, was shot in a church in Wichita, Kansas.

Abortion protesters said that other state and federal laws already protect health center workers and patients, as well as access to clinics.

Mark Rienzi, who represented the protesters at the Supreme Court, said, “The government cannot reserve its public sidewalks for Planned Parenthood, as if their message is the only one women should be allowed to hear. Today’s decision confirms that the First Amendment is for everyone, and that the government cannot silence peaceful speakers. That result is good news for Eleanor McCullen, and it is great news for the women she helps.”

War on Christians

Christian Persecution

“AND IN THE UNITED STATES WHENEVER A CHRISTIAN EXPRESSES RIGHTEOUS OBJECTIONS TO WHAT IS HAPPENING IN OUR SOCIETY. The Left claims to fight for “Free Speech” Rights. However, THE ONLY FREE SPEECH THEY FIGHT FOR IS SPEECH THAT PAROTS EVERYTING THEY SAY AND MEAN. That’s TRANNY.” JB

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How About Some Good News for a Change? A Win for the Good Guys


Supreme Court limits president’s recess appointment power

http://www.foxnews.com/politics/2014/06/26/supreme-court-limits-president-recess-appointment-power/

SCOTUS exterior.jpg

March 5, 2014: The exterior of the U.S. Supreme Court is seen in Washington.Reuters

Trigger the Vote

Click on image to see movie trailer and more

Click on image to see movie trailer and more

 

The Supreme Court delivered a blow Thursday to President Obama, ruling that he went too far in making recess appointments to the National Labor Relations Board.

In a unanimous decision, (Did you get that? UNANIMOUS. – JB) the high court sided with Senate Republicans and limited the president’s power to fill high-level vacancies with temporary appointments. It was the first-ever Supreme Court test involving the long-standing practice of presidents naming appointees when the Senate is on break.

In this case, Obama had argued that the Senate was on an extended holiday break when he filled slots at the NLRB in 2012. He argued the brief sessions it held every three days were a sham that was intended to prevent him from filling the seats.

The justices rejected that argument, though, declaring the Senate was not actually in a formal recess when Obama acted during that three-day window.

Justice Stephen Breyer said in his majority opinion that a congressional break has to last at least 10 days to be considered a recess under the Constitution.

“Three days is too short a time to bring a recess within the scope of the Clause. Thus we conclude that the President lacked the power to make the recess appointments here at issue,” Breyer wrote.

At the same time, the court upheld the general authority of the president to make recess appointments.

Senate Republican Leader Mitch McConnell, among those who criticized the president for unilaterally filling the NLRB slots, applauded the high court decision on Thursday.

“The president made an unprecedented power grab by placing political allies at a powerful federal agency while the Senate was meeting regularly and without even bothering to wait for its advice and consent,” he said in a statement. “A unanimous Supreme Court has rejected this brazen power-grab.” 

On a separate track, House Speaker John Boehner said a day earlier he plans to proceed with a lawsuit against the president over his alleged abuse of executive power.

Reacting to the Supreme Court decision on Thursday, White House Press Secretary Josh Earnest said the administration is “deeply disappointed” in the ruling. He said that while the administration disagrees with the decision, it will honor it.

The issue of recess appointments receded in importance after the Senate’s Democratic majority changed the rules to make it harder for Republicans to block confirmation of most Obama appointees.

But the ruling’s impact may be keenly felt by the White House next year if Republicans capture control of the Senate in the November election. The potential importance of the ruling lies in the Senate’s ability to block the confirmation of judges and the leaders of independent agencies like the NLRB. A federal law gives the president the power to appoint acting heads of Cabinet-level departments to keep the government running.

Still, the outcome could have been worse for the administration. The justices, by a 5-4 vote, rejected a sweeping lower court ruling against the administration that would have made it virtually impossible for any future president to make recess appointments.

The lower court held that the only recess recognized by the Constitution is the once-a-year break between sessions of Congress. It also said that only vacancies that arise in that recess could be filled. So the high court has left open the possibility that a president, with a compliant Congress, could make recess appointments in the future.

The case decided Thursday arose out of a dispute between the NLRB and a Pepsi-Cola distributor, Noel Canning. The NLRB had ruled against him in a labor dispute, but Canning argued that three of the five board members were improperly appointed.

A recess appointment can last no more than two years. Recess appointees who subsequently won Senate confirmation include Chief Justice Earl Warren and Justice William Brennan, Federal Reserve Chairman Alan Greenspan, two current NLRB members and Consumer Financial Protection Bureau director Richard Cordray. Former UN Ambassador John Bolton is among recess appointees who left office because they could not win a Senate vote.

The Associated Press contributed to this report

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