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Justice Ruth Bader Ginsberg, the oldest person on the U.S. Supreme Court dies at 87. The U.S. Supreme Court is unique in that there is no retirement age as in India and other countries. She died of pancreatic cancer. She is one of the rare jurists in that she continued to work almost to the end. She was unique in other ways because she got along well with colleagues on the court of different persuasion. Justice Scalia who was the complete opposite in thinking and views than Ginsburg said that this did not matter much as Ginsburg was "fun to be with." Former president Clinton nominated Ginsburg in 1993. Recently Justices Gorsuch and Kavanaugh joined Roberts, Alito, and Thomas,  for a 5-4 majority on the court for conservatives. Ginsburg was a woman's rights advocate in the 1970's. She will be missed mostly for her vigorous personality and feisty attitude to life working and being active even with her health condition. The death of Ginsburg means that the court is now deadlocked with 4 to 4 and no majority for conservatives or liberals. The country has also changed. Both conservatives and liberals claim they uphold the constitution of the country. Ginsburg saw this as the inclusiveness the founders intended- for women, and minorities. The conservatives see this also from the vantage of inclusiveness as the country has splintered into those who are largely college educated and tech savy, and the high school educated and less tech savy more rural and in small town that lost jobs and social services from the shift of manufacturing to China. The conservatives  see the lack of inclusiveness for the rural communities and small towns left out in the tech booms of the last three decades and shift of manufacturing overseas. Cultural attitudes add another layer to basic economic issues and a sense of alienation on both sides. In this climate and with an approaching election in 41 days the Republicans want to nominate their conservative choice supported by their Senate majority, and the Democrats want to block this appointment till after the election.   ...

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Ruth Bader Ginsburg offers some advice to young people- In a marraige she says it helps sometimes to be a bit tone deaf. To ignore that remark someone made or comment which if reacted to would only make one feel worse. Who knows it was not meant that way, and maybe did not reflect the whole way that person felt, or even was transitory, This advice she got from her mother in law. Another piece of advice was from her father in law, to stop worrying and find a way to manage, find a way to do it, for something you want to do but are not sure you can. Something she learned from her colleagues in the court including Justice Scalia, was to get over it, not to spend time thinking about comments that are made or some things that happen in the course of one's daily life that one thinks shouldn't have happened.

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The Roberts Supreme Court's liberal leaning tendency with swing Justice Anthony Kennedy in 2014-2015. Bravin describes the tendency of the Robert's court to stay with the status quo. Restraint and stability appear to be strong preferences for Justices Kennedy and Roberts as seen in the ruling on the Affordable Care Act, and in the ruling on the Environmental Protection Agency. The four liberal Justices on the court, Kagan, Sotomayor, Breyer, and Ginsburg voted consistently together in 2015.

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In extensive ranging comments Justice Ruth Bader Ginsberg describes her positions on Supreme Court cases to Adam Liptak of the NYT. She hopes the next president after this one will be a fine one and is not perturbed by liberals who would like to see her leave so that another liberal could be appointed in her place. Ginsberg is 80 years, but says she works with her trainer twice a week, and works just as hard as in previous terms. She loves her work and will go on as long as she is able to do it. Her work leading the liberal opinion of Justices on the bench shows a senior justice in command of the issues. She has a framed copy of the Lilly Ledbetter Fair Pay Act of 2009 on a wall and sees it as a response by Congress to her dissent in Ledbetter v. Goodyear Tire Rubber Company. That 2007 ruling said Title VII of the Civil Rights Act of 1964 imposes strict limits for workplace discrimination suits. She sees the present Congress as too timid to take up more issues related to affirmative action and the Voting Rights Act. On the court's decision for the Voting Rights Act Ginsberg said in her dissent "It is like throwing away your umbrella after a rainstorm because you don't need it." Her views on Roe vs. Wade are that the law was too sweeping in making abortion rights constitutional and could have taken a different approach of striking down the law in Texas....

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When Ruth Bader Ginsburg started law school in 1956 women represented 3% of the legal profession in the U.S. It is about one third today.

A piece of advice from her mother in law has served Ginsburg well all these years. She told Ginsburg "in every good marraige it helps sometimes to be a little deaf." Meaning that if an unkind word or thoughtless word is spoken to you best to tune it out and go on anyway. This helps in the workplace. Reacting to someone's unkind words will not advance one's ability to persuade. This is why people of all kinds of persuasion and opinions liked Ginsburg including at the court her complete opposite Justice Scalia. Something we can all learn from Ginsburg.

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Stolberg describes how Supreme Court Justices have waited to retire at the right time under the right president so that their view would continue to be reflected at the Court. This happened with O'Connor, Stewart, Souter, Stevens, White, Blackmun, but due to ill health did not happen with Thurgood Marshall. Justice Ginsberg may be reflecting on this or may just think that her health is fine.

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Supreme Court Justice, Elena Kagan, after her first year at the U.S. Supreme Court. Kagan was appointed by President Obama in 2010. Kagan talked about her experience at the Supreme Court at an Aspen Institute event. Kagan replaced Justice John Paul Stevens. Stevens says Kagan has voted very similiar to how he would have voted on most of the cases. And Justice Ginsberg says about Kagan: "she has already shown her talent as an incisive questioner at oral argument and a writer of eminently readable opinions." Kagan takes writing opinions for the Court very seriously. She described her style at the Aspen Institute event as figuring out how to communicate difficult ideas to people who know little about the subject. An additional aspect of Kagan's writing is that she strives to put things using vivid and colorful language that sticks with people. She has used expressions such as "loosey-goosey," for instance. In her dissent on the campaign finance case she described the supposedly smoking gun found by her colleagues, as: "the only smoking gun here is the majority's, and it is the kind that goes with mirrors." The media tends to compare Roberts with Kagan, the two youngest chief justices on the court, both articulate and vigorous in their opinions, with similiar intellectual backgrounds but taking different positions. Kagan says the most valuable experience to prepare for her new position, was the year she spent as Solicitor General, where she was trying to persuade nine chief justices of the court why they should take a particular position. The difference now being that she must persuade eight justices. The most striking aspect of the two appointments by George W. Bush and Obama, with the absence of a retirement age for the U.S. Supreme Court- as in other democracies such as India- is that both Roberts and Kagan may well be on the Court for 25 years or longer. ...

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Amy Coney Barrett and Barbara Lagoa are two judges Mr. Trump is considering for appointment to the U.S. Supreme Court to replace Justice Ginsburg, as he proceeds to nominate a Justice "without delay." 

Barrett is a Judge who has served for 2 years on the 7th Circuit Court of Appeals. She is a devout Roman Catholic and a legal scholar from Notre Dame University in Indiana. Lagoa is a judge on the 11th Circuit Court of Appeals and the first Latina on the Florida Supreme Court. Trump's nominee is likely to be confirmed quickly by the Senate as Republicans have 53 members in the Senate from a total of 100 members. Democrats want the nomination to be done after a president is elected in January 2021.

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The arguments of both sides in front of U.S. Supreme Court Justices on the Health Care Law's expansion of Medicaid. Justice Scalia said the law gives the states no choice. Justice Kennedy pointed to the situation of the states which have no way to opt out without stripping millions of Americans of medical care. Justice Roberts pointed to the states willingness to accept federal aid for years which brings us to the current situation. The attorney generals of 27 states have objected to the Health Care Law's provisions which they believe effectively requires the states suffering tight budget constraints to cover more of the poor than they they think they can, with the alternative being dropping out of Medicaid totally, not giving them much of a choice. As the three day hearing came to a close on March 28, 2012, the Supreme Court's conservative Justices expressed doubts whether the Obama Health Care Law could surivive if some key parts are struck down. With Justices Sotomayor, Ginsberg, Kagan, on one side, and Scalia, with other conservative Justices on the other side, the Court's final decision depends on Justices Kennedy and Roberts. ...

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The U.S. Supreme Court by a vote of 7-2 struck down a California law that bans the sale of violent videogames to children. Writing the majority opinion Justice Scalia said "even when children are the object the constitutional limits of governmental action apply." Breyer dissented by saying that it made no sense to not allow a child to see a nude picture woman under obscenity laws and yet allow the child to see violent acts against women. Clarence Thomas was the other justice in the dissent. Justices Anthony Kennedy, Ruth Ginsberg, Elena Kagan, Sonia Sotomayor supported the decision to allow violent videogames to be sold to children. Justice Alito supported the decision but expressed serious reservations about the breadth of the majority's opinion saying- " the Court is far too quick to dismiss the possibility that the experience of playing videogames (and the effects on minors of playing violent videogames) may be very different from anything we have seen before."

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A Vermont musician could not practice her livelihood after her arm was amputated because of gangrene. The gangrene developed as a result of a physician's assistant at a clinic using a a wrong technique for adminstering Phergan for nausea. The PA used IV Push instead of an IV drip or intravenous which is the right method. He missed the vein and and hit an artery causing the gangrene to develop. A Vermont state court awarded Ms Levine $6 million from Wyeth Pharmaceutical. Now the Supreme Court upheld the Vermont Court, with Justices Kennedy, Souter, Ginsberg, and Breyer joining Justice Stevens. Justice Thomas concurred. Scalia, Roberts and Alito were in dissent. Wyeth had a FDA approved label that warned against "inadvertent intra-arterial injection," but it did not say do not use IV Push. Justice Stevens writing the majority opinion said Wyeth's reading of the regulation was "cramped" and based on a "fundamental misundrstanding." He said "the manufacturer bears responsibility for the label at all times," and affirmed the Vermont Court's opinion that Federal law provides afloor not a ceiling for state regulation." ...

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The Supreme Court upheld the provision under an Arizona state law that requires police to check the immigration status of people stopped for traffic and other offenses. By a vote of 6-2 the Supreme Court voided the provision that made it a state crime to fail to carry federal registration papers. By a vote of 5-3 it voided the provision that provided for jail time for immigrants not carrying federal registration papers. Justice Anthony Kennedy wrote the majority opinion that includes Justices Roberts, Ginsburg, Breyer and Sotomayor, and said: "The government of the United States has broad, undoubted power over the subject of immigration and the status of aliens... Immigration policy can affect trade, investment, tourism and diplmatic relations for the entire nation." At the same time Justice Kennedy said " the problems posed to the State by illegal immigration must not be underestimated," saying that "unauthorized aliens, were responsible for a disproportionate share of serious crime." Unauthorized aliens are only 8.9% of the population of Maricopa County which includes Pheonix, but caused 21.8% of the felonies. The part of the Arizona law SB 1070 that stated the illegal immigrant seeking work was commiting a crime, was struck down on the grounds that this "would interfere with the careful balance struck by Congress" for the labor market in which only employers are committing a crime. Justice Kennedy reminded the country that it was still a nation of immigrants....

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A critical part of the Affordable Care Act is the setup of marketplaces or exchanges to let people without insurance buy individual health plans. Some states setup their own exchanges, and some states let the federal government step in and run them. To help the lower middle class and poor the Act provides health subsidies to buy insurance in the exchanges, and 85% of customers in the exchanges qualify for this benefit. The U.S. Supreme Court voted 6-3 in 2015, compared to a tight vote in 2012 on the Affordable Care Act, to maintain the health subsidies. Justice Roberts wrote the majority opinion, saying "Congress passed the Affordable Care Act to improve health insurance markets, not destroy them." Justice Scalia dissented calling it "interpretive jiggery-pokery." Justices Clarence Thomas and Samuel Alito Jr. dissented. Voting in favor were Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, Elena Kagan, Justice Kennedy dissented in the 2000 case. The challengers petition to the courts was based on a reading of phrases in the Affordable Act which had not occurred to the writers of the law. The reading suggests only people enrolled in state setup exchanges are eligible for subsidies. If the Supreme Court ruled in favor of the plaintiffs the 6.4 million Americans who are enrolled in the federal exchanges would lose the subsidies provided under the law and lose health insurance. And the economic foundations of the Affordable Act would be undermined with insurance companies required to provide insurance to all regardless of pre-existing conditions and subsidies removed, leaving the companies with sicker pool of customers resulting in destabilizing the exchanges and higher premiums. The court ruled in favor of an interpretation that is compatible with the whole law and the intentions of the statute to help the middle class and the poor buy health insurance. The chaos in the insurance markets that would result in going with the plaintiffs because of a careless writing of a phrase, was uppermost in the majority's mind. Chief Justice Roberts emphasized this, saying- "The statutory scheme compels us to reject petitioners' interpretation, because it would destabilize the individual insurance market in any state with a federal exchange and likely create the very 'death spirals' that Congress designed the act to avoid." This case originated with 4 plaintiffs from Virginia who challenged the IRS regulation that said subsidies were allowed regardless of whether the exchanges were run by the state or the federal government, arguing that this was at odds with the particular phrase in the law that was ambiguous about federal exchanges eligibility for health subsidies. Judge Roger Gregory of the Fourth Circuit Court of Appeals in Richmond, Virgina, ruled that the phrase was indeed ambiguous, but the IRS was owed deference in its opinion. Chief Justice Roberts made it clear that this was not a case for the IRS, saying "it is instead our task to determine the correct reading." ...

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A law professor at George Washington University, who also comes from an Sicilian Italian American family, writes about his encounters with Scalia showing passionate opinion and steadfastness. Scalia was educated at Xavier Jesuit high school, and Georgetown University. He remained true to his conservative beliefs about the the law over three decades since his appointment by president Reagan in 1986, and an originalist interpretation of the U.S. Constitution as the framers in the eighteenth century had intended. He is the first Italian American Supreme Court Justice, a fact that enabled him to win approval in the Senate 98-0.

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The director of the Constitutional Law Center at Stanford Law School, a student of Scalia, says constitutional law today is more aligned with the U.S. Constitution as a result of three decades of Scalia's work at the Supreme Court. He especially admires Scalia's opinions, even when he disagrees with them, and says Scalia helped promote a better style in opinions of the Court, by paying careful attention to text, and a sense of historical connections.

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Words from Scalia that form part of his legacy- on democratic self-government as the development of the millenium. It "assumes a continuing appreciation of the need for structural checks," says Scalia. Essential to democratic self-government says Scalia is "what our Framers would have called a liberal disposition on the part of the people: a reluctance to impose their views by law in the face of significant opposition, a reticence to require others to love all that they love and to hate all that they hate." For Scalia that meant " a spirit of liberty" that is never too sure of being right and seeking to understand the thinking of other men and women.

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Experts say Chief Justice Roberts somehow found a path through in bridging the ideological divide and avoiding a show of partisanship in an election year. He somehow navigated and found a path through in his vote on the U.S. healthcare law letting it stand. Early on Roberts advocated "judicial modesty and humility" in jurisprudence. He compared the judge's role to that of an umpire in baseball during the 2005 confirmation hearings. The umpire would not pitch or bat, his job would be to call balls and strikes. It was seen as a determmined show of independence at a time when Justice Kennedy was seen as the swing vote. He has also earned political capital to be able to vote independently on other issues before the court instead of becoming embroiled in controversy about the role of the Court in overturning the work of Congress during the early part of the Obama administration.

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This editorial in the NYT says the Roberts U.S. Supreme Court is setting its own course compared to the earlier courts. It is not supporting precedent in the manner of the 1930's court or giving credence to social consensus as the 1960's court did.

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The Supreme Court in a 6-3 decision, says Aereo, a startup video streaming service, violated copyright laws by taking broadcast signals on miniature antennas and giving them to subscribers for a small fee.