Thursday, June 21, 2012

And the Court hands down . . .

The first opinion this morning is Southern Union, authored by Sotomayor. It extends the rule of Apprendi (and Blakely and Ring, etc.) to criminal fines.

The next opinion is Knox v. SEIU, opinion by Alito. This concerns union dues for political activities. Vote is 7-2, with Breyer and Kagan dissenting. (The Court appears to be 5-4 on standard ideological lines on the rationale, however; Ginsburg and Sotomayor concur, but are closer to the dissent on reasoning.)

At least one more coming. We are waiting because Breyer is reading from his dissent in Knox.

The third opinion is that in the curvelined Davis and Hill cases, involving the Fair Sentencing Act. Breyer writes for a 5-4 Court, with the Chief, Scalia, Thomas, and Alito dissenting.

The next opinion is FCC v. Fox Television Stations. Kennedy writes for the Court. It appears unanimous. Application of regulation to fleeting expletives in these cases, because there was not fair notice, were impermissibly vague. Ginsburg concurs in judgment only; Sotomayor did not participate.

And that is all for today. Monday at the earliest for the ACA decisions.