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Aereo to Face Uphill Battle in Supreme Court Next Week, Experts Say (analysis)

Next week's Supreme Court argument will be difficult for cable-competitor Aereo, legal experts agree, as the company faces off against not just broadcasters but also the influential U.S. Solicitor General's office and the Copyright Office. Show More Summary

Die Another Day

Back when Justice Elena Kagan was Solicitor General Kagan, she argued to the Supreme Court in favor of the ban on corporate spending in the Citizens United case. She offered the justices all kinds of ways for the court to decide that case in favor of the nonprofit corporation, short of overturning the ban itself. Show More Summary

Is There No Alternative to Forcing People to Violate Their Religious Beliefs?

Ilya Shapiro On a day full of bluster both in and outside the Supreme Court, Hobby Lobby and its super-lawyer Paul Clement had the better of the argument over Obamacare’s contraceptive mandate. While Solicitor General Don Verrilli gamely...Show More Summary

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by The Editors Today's blog posts: Supreme dishonesty on HHS mandate by Justice Ginsburg & Solicitor General Verrilli on Tuesday - Dustin Siggins Living in a dream world: NARAL prez says ‘we really do live in a pro-choice country’ - Kathryn Yoder NAACP and Hollywood celebs receive Big…

Supreme dishonesty on HHS mandate by Justice Ginsburg & Solicitor General Verrilli on Tuesday

by Dustin Siggins Since the HHS Mandate requiring insurance coverage of abortifacients, sterilization, and contraception was put forth over two years ago, supporters have largely relied on misleading and inaccurate statements to pretend the mandate is constitutional, effective public policy, and does not fund abortions.…

The New Yorker's lame effort at un-embarrassing Jeffrey Toobin.

Yesterday, I trashed Jeffrey Toobin's write-up of oral argument the Hobby Lobby case. I wrote:The stupidest sentence in the article is this:Solicitor General Donald Verrilli, who was defending the law, invested heavily in the argument...Show More Summary

What To Expect From Hobby Lobby, Ctd

Ilya Shapiro offers his take on the case’s day in court: While Solicitor General Don Verrilli gamely pressed the plight of the “third parties” who would lose out if the challengers get an exemption – employees whose contraceptives wouldn’t be paid by their employer – there didn’t seem to be a majority on the Court who saw […]

"Obama Administration Suffers A Drubbing In Hobby Lobby Arguments."

That's the headline at Forbes, reminding me to get back to the transcript, which I half read yesterday. Here's my post, which covers the argument for Hobby Lobby by Paul Clement and ends without getting to Solicitor General Donald Verrilli's argument against the religious exemption the company seeks. Show More Summary

Morning Docket: 03.26.14

After forcing Solicitor General Donald Verrilli to acknowledge that the Affordable Care Act could force for-profit corporations to pay for employees’ abortions, Chief Justice John Roberts seemed rather pleased with himself. [New York Times] Sidley Austin just hired a major M&A heavy hitter away from General Electric’s legal department. Show More Summary

Nino’s Comedy Classics

Antonin Scalia, today at oral argument, pressing Solicitor General Verrilli on whether the government could pay for contraceptives in cases where secular for-profit corporations act to deny the statutory rights of their employees: You’re talking about, what, three or four birth controls, not all of them, just those that are abortifacient. That’s not terribly expensive [...]

Is There No Alternative to Forcing People to Violate Their Religious Beliefs?

Ilya Shapiro On a day full of bluster both in and outside the Supreme Court, Hobby Lobby and it’s super-lawyer Paul Clement had the better of the argument over Obamacare’s contraceptive mandate. While Solicitor General Don Verrilli gamely...Show More Summary

Solicitor General Asks to Argue Aereo Case

The U.S. Solicitor General has asked the Supreme Court to argue the Aereo case in favor of the broadcast networks, The Wrap reports: U.S. Solicitor General Donald B. Verrilli Jr., who previously filed a friend of the court brief siding...Show More Summary

White House Takes Rare Step Of Requesting To Argue Directly Against Aereo Before Supreme Court

Last week, the Solicitor General’s office entered the Aereo legal fray with a dense brief filed at the Supreme Court on the side of the broadcasters. Turns out that was Round 1 for the government in this potentially game-changing case. Show More Summary

US Solicitor General's Office, Run By Former Top MPAA Lawyer, Shockingly Sides With Broadcasters Over Aereo

last monthIndustries / Law : Techdirt

As the Aereo case is set to be heard by the Supreme Court in April, there have been a flurry of amicus briefs filed on both sides. It's disappointing, but not too surprising, to see that the official position of the administration is...Show More Summary

The White House Sides With Broadcasters in Their Fight vs. Aereo

The big boys came out on the side of the broadcasters in their upcoming appearance in front of the Supreme Court in the Aereo case. The solicitor general’s office put the Obama administration solidly in the anti-Aereo camp with a 40-page amicus brief (read it here) filed with the SCOTUS today. The broadcasters say that... Read More

Obama Administration Backs Broadcasters In Aereo Case

The big boys came out today on the side of the broadcasters in their upcoming appearance in front of the Supreme Court in the Aereo case. The Solicitor General of the U.S. put his name and that of the Obama administration solidly in the anti-Aereo camp with an amicus brief (read it here) filed with the SCOTUS today. MORE

6th Cir. Reversed Twice Based on These Solicitor General Briefs

It's no secret that the Sixth Circuit is having some trouble with crack sentencing. But it's not just Fair Sentencing Act changes, or retroactivity, or their own muddled precedent that they keep botching. They're also having issues with differentiating a felony from a misdemeanor for purposes of priors and with......

A Tough Day in Court for the EPA's Greenhouse Gas Regulations

Andrew M. Grossman The Obama Administration appeared prepared to abandon a major portion of its initial greenhouse gas regulatory scheme in oral argument before the Supreme Court today. Solicitor General Donald Verrilli, defending aShow More Summary

VIRGINIA: Judge Promises To Rule "Soon" In AFER's Marriage Equality Lawsuit

2 months agoLGBT / Gay : Joe. My. God.

The judge hearing opening arguments in AFER's marriage equality lawsuit against Virginia ended today's proceedings by promising to make her ruling "soon." Virginia Solicitor General Stuart A. Raphael compared the state constitutional...Show More Summary

How Joe Biden Helped Make the Case Against Obamacare’s Contraceptive Requirement

2 months agoNews : Reason

When Solicitor General Donald Verrilli stands before the U.S. Supreme Court next month to defend the Patient Protection and Affordable Care Act against the charge that it violates religious freedom by requiring employers to provide certain...Show More Summary

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