Andrew Cohen, contributing editor at The Atlantic, discusses in Supreme Court Review: The Tyranny of the Majority how four of this week’s controversial decisions from the nation’s highest Court were decided by one vote. Cohen’s piece is a solid reminder that, despite the complexity and nuance of constitutional law, it is the ballot box during presidential-election years that remains the most powerful force in the determination of Supreme Court decisions.
Minneapolis Police Sergeant David Clifford, 47, is the executive member of the SWAT team and a 19-year department veteran who has twice received the Medal of Valor. Last week, Clifford was charged with felony assault after he punched Brian Vander Lee in the head at Tanners Station in Andover. Clifford’s actions resulted in Vander Lee requiring life support and at least two brain surgeries. In addition to the serious criminal charges Anoka County has brought against Clifford, he will undoubtedly be named in a civil lawsuit as well. Although Clifford was off-duty, in an interview with the St. Paul Pioneer Press his criminal defense attorney alleged that Clifford was responding to Vander Lee’s “out of control” behavior. Such assertions, if maintained by Clifford, may have liability implications for the City of Minneapolis in a civil lawsuit against Clifford. Read More . . .
In Bradwell v. Illinois, (U.S. 1873), the Supreme Court declared that allowing a woman to practice law would surely destroy her femininity. According to the 8-1 decision, law is a man’s profession and women simply aren’t well-suited for such rigor. While that may seem archaic, it wouldn’t be until 1971 that the Court invalidated such discrimination by government against women. Reed v. Reed, (U.S. 1971). And while the Civil Rights Act of 1964 and various other laws have sought to end such discrimination, today’s United States women make only 78 cents for each dollar made by their male counterparts.
Tuesday’s decision in Perry v. Brown (the “Prop 8” case) means that roughly one year from now, it is likely that the United States Supreme Court will be giving its opinion on the now infamous 2008 ballot proposition that resulted in barring Californian gay couples from joining in marriage. Justice Anthony Kennedy will ultimately decide the fate of millions of gay people who wish to join in the civil institution of marriage, and his opinion will likely have a significantly broader impact on cases involving sexual orientation discrimination.
