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April 29, 2014

“In a lopsided decision today, the U.S. Supreme Court rejected the D.C. Circuit’s adventurism in rewriting the plain text of the Clean Air Act. Justice Ginsburg, joined by five of her colleagues – including Chief Justice Roberts and Justice Kennedy – concluded that the conservative majority on the lower court sought to impose a solution that misread the Act, improperly second-guessed the EPA and ‘works neither mathematically nor in practical application.’

April 29, 2014

“Most of the Justices recognized that the vast troves of deeply personal information that Americans carry around on their cell phones raise new concerns regarding police searches incident to arrest. As Justice Kagan in particular noted, such a vast intrusion of privacy could be triggered by an arrest for as minor an infraction as failing to buckle your seatbelt. Justices across the ideological spectrum seemed to have trouble with the nature of the police searches in these cases, which run directly counter to the vision of privacy that America’s founders enshrined in the Fourth Amendment.”

April 2, 2014

“In the last two terms the Court has made it easier to spend and harder to vote, with our democracy suffering as a consequence. The Court purports to rely on precedent, mainly Citizens United, but ignores earlier rulings that recognized that large campaign contributions corrupt our system of democracy.  This Supreme Court does not understand corruption, but the Founders did. The Court’s failure to heed the wisdom of its predecessors and our Nation’s Founders leaves America’s campaign finance laws in a shambles of the Court’s own making. The Court suggests that Congress can fix the problems the Court has created, but it surely knows that with the current gridlock in Congress that is exceedingly unlikely.”