Damon Root on Three Supreme Court Cases to Watch

The Supreme Court is back in session with major decisions coming on affirmative action, the scope of the takings clause, and the use of drug detection dogs by police.

How's the court expected rule in 2013 on these cases and what are the likely implications of its decisions?

Reason Senior Editor Damon Root breaks down the new Supreme Court term.

Produced by Joshua Swain; with help from Amanda Winkler.

About 3 minutes.

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  • np||

    CEOs: Hike our taxes! Just don’t go over the cliff.

    Goldman Sachs’s Lloyd Blankfein says he’d entertain higher taxes to break the budget impasse. “No one is so unpatriotic that they wouldn’t pay a little bit more to resolve it,” the firm’s CEO said Thursday on CNBC.

    Lloyd Blankfein (Daniel Acker – Bloomberg)

    So does the CEO of Caterpillar. “I, for one, believe that revenue has to increase. I think every American would pay more if they thought spending was going to be cut and the budget brought to balance,” Douglas Oberhelman told The Wall Street Journal.

    Patriotic my ass. I refuse to believe they and this whole coalition they're part of (including JPMorgan, General Electric, Honeywell), are dumb and naive enough to believe paying more taxes will somehow incentive the government to spend less.

    There's got to be another agenda behind this Buffet-like proposal.

  • np||

    .. which I suspect deal with the variety of tax breaks that are set to expire if they go over the "fiscal cliff"

  • Rick Santorum||

    There's got to be another agenda behind this Buffet-like proposal.

    If we all put a little more into the public coffers, the government will subsidize our businesses and generate illusory demand for our products via stimulus spending pay off the national debt.

  • Rick Santorum||

    *we will pay off

  • ||

    I really try to give everyone a fair shake, but with a moniker like yours, I feel I have no choice but to hate you immediately.

  • Tulpa (LAOL-PA)||

    Santorum provokes a visceral revulsion?

  • ||

    I despise the man. He is the epitome of all that's wrong with the Republican party.

  • Virginian||

    Well, other then gun rights, he's basically completely anti-liberty.

    I mean I can handle SoCons, provided they're genuinely fiscally conservative. I disagree with them, but we have some common ground.

    Rick Santorum is essentially Huey Long without the charisma.

  • BakedPenguin||

    ...he's basically completely anti-liberty.

    Yep. Freedom, for him, is the choice to worship Jesus as a Catholic or Protestant. Everything else is the domain of the state.

  • RyanXXX||


    I got it, Tulpa

  • Rick Santorum||

    getting butthurt by Rick Santorum

    I'd vote for Santorum before I'd vote for Obama.

  • ||

    I plan on voting for Johnson. But when Ricky was seeking the nomination, I swore if he became the nominee I was going to vote Obama, just to be punished the Rs for their complete idiocy.

  • ||

    be punished

  • Rick Santorum||

    That sort of implies that Republicans are capable of learning. If you'll recall, the Zionist / neoconservative / military-industrial-complex warmachine got America fired up for a disastrous Middle Eastern foreign venture back in 2001. Now, just over a decade later, we're ramping up for yet another trillion+ dollar war with yet another stupid desert nation that poses zero threat to America.


  • General Butt Naked||

    That's all well and good when your fucking failure of a company is only around because of the $10bil in taxpayer money you got from AIG; of course you think taxes are wonderful.

    And if your pig ass wants to pay more taxes nobody is stopping you, fucker. Write a check to the IRS they'll fucking cash it, shithead.

  • pradaguccioutlet@gmail.co||

    Since the program’s creation, the Energy Department has guaranteed $16 billion in loans for a total of 26 projects. Although Section 1705 is mainly known for funding such high-profile bankruptcies as Solyndra and Abound Solar, the companies it helps generally do well. That’s because most of the loan guarantees have gone to projects backed by large and financially secure companies. For instance, the energy producer Cogentrix, recipient of a $90 million guarantee, is a subsidiary of the investment bank Goldman Sachs. There’s every reason to believe Congentrix could have obtained a loan on its own.cheap nfl jerseys State backing confers subtler advantages as well. In 2010 the Government Accountability Office concluded that federal subsidies signal to investors that a company is relatively safe, a perception that helps attract additional private capital. During a July 18 statement before the House Committee on Oversight and Government Reform, Craig Witsoe, former CEO of Abound Solar, one of the Section 1705 companies that recently went under, explained that his company managed to collect an additional $350 million from private investors after it had secured its government guarantee. Much of that funding could be the product of the security that the federal support implied.

  • ||

    and fwiw, if you are watching supreme court cases you should be reading volokh.com because they continue to have awesome coverage and legal analysis of them.

    Scotusblog.com is good as wel, but volokh is definitely cream of the crop imnsho

  • Fist of Etiquette||

    Displaced white students at University of Texas at Austin are a tax, floodwaters in Arkansas are a tax and wet dog noses in Florida are a tax. Everything's a tax! Next case.

  • SIV||

    Vying for the Chief Justice job once Roberts croaks/retires?

  • Fist of Etiquette||

    My leadership of the court would be less taxing.

  • Tulpa (LAOL-PA)||

    The enumerated powers doctrine is not at issue in any of these cases. You guys' drama-queeniness amazes me once again.

  • Fist of Etiquette||

    Speaking of taxing.

  • Mensan||

    If I was a Justice, I would bend and distort just as much as Roberts did to turn Obamacare into a tax. Except I would do it to find a way to rule that everything congress passes is unconstitutional.

  • Tulpa (LAOL-PA)||

  • Alex||

    The drug-sniffing dog case is the saddest of all for the Fourth Amendment. Arguing over whether an "alert" provides probable cause is wholly irrelevant when the real problem is treating probable cause as permission for a warrantless search.

  • Tulpa (LAOL-PA)||

    It is a crime against the English language that the verdict of a dog with a 50%+ false positive rate is considered "probable" cause.

  • General Butt Naked||

    Those dogs are useless when the officer doesn't direct them.

    I remember they'd parade them up and down the halls of our high school and never found drugs in a locker, ever. I can attest with certainty that there was a lot of drugs in people's lockers.

    I was once on a train in Texas, near the border, and they brought the dogs on. The guy next to me smelled like weed, to me. Found out later he had a couple of ozs of high quality, and very stinky, cannabis. Oh, and the weed wasn't wrapped up or anything; he had it in a big plastic medicine bottle. Reeked like a motherfucker.

    Stoopid dogs.

  • ||

    the dogs USED to be pretty useful for tracking suspects who fled from a scene. THAT was valid and worked great. can't tell you how many bad guys we caught with k-9's...


    now, that everybody has a cell phone, they are far far less successful. guy runs from scene, simply calls friend to pick him up. we'd be better off pinging the suspect's cell for location. in the 9th we need warrant,so that usually doesn't happen (exigency in rare exceptions).

  • Sevo||

    Dunphy (the real one)| 10.13.12 @ 11:05PM |#
    "the dogs USED to be pretty useful for tracking suspects who fled from a scene."

    I don't doubt that; there is no successful way for a handler to direct the dog, presuming the handler isn't an accomplice of the fugitive.
    The only way to prove drug-sniffing dogs is to remove them from the handlers, in which case the handlers scream.
    They lie; drug sniffing dogs are every bit as reliable as 'lie detectors'; zero.

  • ||

    right. i;m making a clear distinction

    suspect tracking dogs are not

    1) used as a fishing expedition to find contraband
    2) are used ONCE a crime has already been committed (at least reasonable suspicion), and usually a violent crime (my agency sets strict limitations on when we can use suspect tracking dogs)
    3) and there is no way for a handler to play shenanigans with them. if the handler DOES, it's nonsensical, since that would mean that the handler knew where the suspect IS and directed the dog there. win/win. the whole point is to FIND the suspect

    the only obvious civil rights issue is the "bite thing".

    we didn't have such dogs in hawaii simply for that reason - too much liability. better to let a bad guy get away than risk having a dog bite somebody. lol. here in the real world, we recognize a reasonable tradeoff. suspect tracking dogs have heroically laid down their lives to save their partners and have fearlessly tracked some really bad, scary dudes so that we could catch them.

    scrap the WOD, but dont scrap suspect tracking dogs.

    although again, without some kind of aggressive cell phone tracking program, they are far less effective these days

  • Sevo||

    OT, but no evening links.
    Seems CA gasoline prices are always higher than elsewhere. Seems CA government meddling in the petroleum market is always more intrusive than elsewhere. Could the two be related? Really?

    "...critics warn that one of the state's policies to fight global warming could make the situation worse."

    Not to worry. This is CA; the price increases and the shortages will be blamed on the EVIL KORPURASHUNS trying to poison the world!

  • Brutus||

    Watching that statist shithole implode is going to be great fun.

  • General Butt Naked||

    It will be, but it's gonna suck when we see who gets blamed for it.

  • ||

    Not when it gets bailed out and we all end up paying for it. California coming to its senses would be light years better for everyone.

  • Sevo||


  • Sevo||

    No doubt, but you're presuming CA voters (or more properly, the blue coastal voters) are capable of learning.
    Prediction: *EVERY* tax increase will pass.

  • DRM||

    Forlorn hope.

    Have you seen Detroit? Everyone capable of coming to their senses at any given level of decay leaves. Then the next level of decay is reached, and the ones woken up by that leave. And so on. Since there's a constant drain of the people who do come to their senses, there's never enough of them to reverse the course.

    California's had twenty years of net domestic out-migration. The process is well underway.

  • GroundTruth||

    Enough with the videos! Give me text that I can scan in 15 seconds and see if there is anything useful, not a 3 minute vid that I have to watch in entirety to make sure that I don't miss something.

  • General Butt Naked||

    I hate the videos because if yer perpin' AdBlocker you have to pause it to see the clip.

  • Sevo||

    GroundTruth| 10.13.12 @ 8:14PM |#
    "Enough with the videos!"

    Couldn't agree more. I refuse to watch them.

  • wakeup||

    cave paintings more your style, old man?

  • Almanian's Evil Twin||



  • Sevo||

    wakeup| 10.13.12 @ 8:23PM |#
    "cave paintings more your style, old man?"

    What's curious here is that video (as GT mentions) take *more* time than to scan copy.
    So, yes, this 'old man' favors media that wastes less of my time. Maybe as you get older, you don't want to waste a lot of it.
    Anyhow, it sure looked like Keselowski tried to give Johnson a hip-check entering the pits and Johnson said 'not on your life!'

  • BakedPenguin||

    I think it's an outreach thing. They want content for the youtube channel. That said, providing a transcript would be a nice gesture.

  • Sevo||

    BakedPenguin| 10.13.12 @ 8:48PM |#
    "I think it's an outreach thing."

    I'd agree. Pretty sure they'd publish the content as rap with a bass that could be heard for blocks if it increased hits.

  • General Butt Naked||

    That's one loud fish.

  • Sevo||

    Base doesn't work

  • General Butt Naked||

    I bet that Matt Welch has one of those stoopid singing fishes on his wall. Is that what you meant?

  • Archduke Pantsfan||

  • General Butt Naked||

    Yeah, man. I fucking hate those things.

    I worked at a department store for a while after high school and we had a display of those things. All day, people, like Matt Welch, would walk up, press the button and walk away before the fish started his damn act. All fucking day, every fucking day.

  • ||

    Personally, I like the videos. I think the discussion/interview videos are better than videos like this, but I still appreciate these, but they're not as interesting.

    And I do agree that they should put the transcript in. Reading is faster, not everyone wants to spend the time on the video.

  • Archduke Pantsfan||

    "For a written transcript of this video, copy down everything we say"

  • Archduke Pantsfan||

    I sat down to watch a nice surfing/rock climbing documentary.
    It turns into a screed against modernity and growth. He even quotes Jared Diamond.
    Fuck I hate people.

  • ||

    which one was it? as a surfer myself, totally curious.

    in college, we watched the billabong surf flicks OVER and OVER again - surf into summer, filthy habits... also, the wave warrior series.

    i've seen a bunch of good surf movies recently, but yea... a lot of them have that sort of theme you mention running through them.

  • Archduke Pantsfan||

  • ||


    totally looking forward to


    the mavericks story is incredible. for years, this world class big wave was breaking not far from major population centers and was ridden SOLO - by jeff clarke. imo, clarke is the surfer of the century- he paddled out alone, and pioneered surfing one of the heaviest spots on earth. Again, ALONE. bad ass



  • Archduke Pantsfan||

    Not surfing, but I'm looking forward to this movie about the 1976 Formula One season and the rivalry between drivers James Hunt and Niki Lauda.

  • ||

    yea, imo rivalries between men at the top of their games in any sport can be compelling. the type of person that achieves IN GENERAL and the struggles they have - just makes for good movies.

  • ElCiD||

    TOP MEN!

  • Sevo||

    Archduke Pantsfan| 10.13.12 @ 8:52PM |#
    "I sat down to watch a nice surfing/rock climbing documentary. It turns into a screed against modernity and growth..."

    If you had a written presentation of the same bull-bleep, you could have scanned it and poked "delete".

  • Pound. Head. On. Desk.||

    NYT headline: "Million Muppet March" planned to defend U.S. backing for PBS

    Spoiler Alert: They're all puppets for the state!

  • ||

    You didn't mention Kirtsaeng v. John Wiley Sons which has the potential to realize that liberal dystopia nightmare of making non-corporate commerce illegal under IP law.

  • Archduke Pantsfan||

    How many slices of lime in my RumCoke; does it take to count as a serving of fruit?

  • Archduke Pantsfan||

    Add ampersands as needed

  • Archduke Pantsfan||

    Why would anyone watch the first 4 hours of a Yankees game?

  • ||

    good example of using modern technology (cell phone records, bank records, aggregate DOL reg. type record, etc.

    not sure if they got warrants or not. since it was joint with the feds, if they were grooming the case for federal court, a lot of stuff that would require a warrant under state court wouldn't under federal guidelines. article of course doesn't specify. either way, good police work using modern technology solves crimes


  • General Butt Naked||

    Man, people with gambling problems are worse than fucking junkies when they fiend. I once worked in a place with poker machines and people would practically beg me to call the owner to get them a loan.

  • General Butt Naked||

    SWAT team suspects a meth lab, you know with dangerous explosive chemicals around, and throws flash grenade into house.

    A child was burned, and property was damaged.

    Of course, their info was bogus. No meth lab, no charges filed.


  • Tulpa (LAOL-PA)||

    You mean "a flash grenade which had been in a SWAT member's hand entered the house".

  • General Butt Naked||

    Of course, I wouldn't want to insinuate that the grenade made its way into that home by any other means than its own volition and motive power.

  • YinxDoo||

    Should be quie interesting to see how that all works out.


  • pradaguccioutlet@gmail.co||

    Unfortunately for Johnson, each party also thinks the other party can be too libertarian – Republicans on economics, Democrats on social policy. He also faces the third-party Catch-22: He doesn’t get much media coverage because he doesn’t have much popular support – which he cannot get without media coverage.cheap nfl jerseys Besides, many people do not want to vote for someone who cannot win. A vote for a third-party candidate, they think, is a wasted vote. Johnson disagrees. “A wasted vote,” he says, “is a vote for someone you don’t believe in.” By that standard, millions of Republicans and Democrats will be throwing their votes away on Nov. 6. Johnson voters – what few there are – will not.

  • شات عراقنا||

    thank you

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