Scalia Joins Majority, but Not Happily

Obama administration had argued that tracking cars didn't constitute a search

(NEWSER) - The Supreme Court ruled unanimously today that the government must obtain a warrant before secretly affixing a GPS tracking device to a suspect's car. The case stemmed from an incident in which the FBI placed a tracker on a DC drug dealer's car, with the Obama administration arguing that Americans don't have a right to privacy while moving in public, Wired explains. The administration told the justices that it could track their cars as well if it wanted. More»

Obama too timid on federal nominees, with big issues coming

(NEWSER) - With big issues working their way toward the Supreme Court on such vital issues as health care reform, same-sex marriage, affirmative action, and police stops of undocumented immigrants, liberals need to be on guard, writes longtime court-watcher Emily Bazelon for the New York Times . Sure, there are solid progressives, such as Obama appointees Sonia Sotomayor and Elena Kagan. But frequent swing vote Anthony Kennedy, while he may side with liberals on occasion, has a voting record on par with Ronald Reagan. More»

Expect a fierce battle for liberal justice's replacement

(NEWSER) - What will John Paul Stevens’ retirement mean for the Supreme Court? Here are three early thoughts on what comes next:

• Expect the tea partiers to get extremely riled up over whoever President Obama nominates, writes Chris Good of the Atlantic . They have a “very strict (one could almost say fundamentalist)” take on the Constitution, and they’re itching for a post-health care fight.

Departure of senior liberal justice will shift the balance of power

(NEWSER) - John Paul Stevens will probably retire from the Supreme Court this summer, leaving an opening for President Obama to fill. In the broadest sense, Obama's pick will change little: The president will probably choose a justice who will side with the court's liberals. But the new face will not be a replacement for Stevens, who has been the senior liberal justice for 16 years and is a master of using his opinion-assignment authority to influence outcomes. More»

They seem ready to strike down law

(NEWSER) - The Supreme Court seems likely to back an appellate court ruling that said depictions of animal cruelty are protected as free speech by the First Amendment. In arguments today, the justices considered the case of a man convicted of selling dogfighting videos under a 1999 law that equates videos of animal cruelty with child pornography. Most of the justices seemed to be of the opinion that the law’s definition of banned content is too vague, notes USA Today. More»