2014 Term Opinions of the Supreme Court of the United States

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The “slip” opinion is the second version of an opinion. It is sent to the printer later in the day on which the “bench” opinion is released by the Court. Each slip opinion has the same elements as the bench opinion–majority or plurality opinion, concurrences or dissents, and a prefatory syllabus–but may contain corrections not appearing in the bench opinion. The slip opinions collected here are those issued during October Term 2014 (October 6, 2014, through October 4, 2015).

These opinions are posted on the Website within minutes after the bench opinions are issued and will remain posted until the opinions for the entire Term are published in the bound volumes of the United States Reports. For further information, see Column Header Definitions and the file entitled Information About Opinions.

Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed slip opinion pamphlets. Moreover, a slip opinion is replaced within a few months by a paginated version of the case in the preliminary print, and–one year after the issuance of that print–by the final version of the case in a U. S. Reports bound volume. In case of discrepancies between the print and electronic versions of a slip opinion, the print version controls. In case of discrepancies between the slip opinion and any later official version of the opinion, the later version controls.

R- Date Docket Name J. Pt.
73 6/26/15 14-556 Obergefell v. Hodges K 576/2
72 6/26/15 13-7120 Johnson v. United States AS 576/2
71 6/25/15 13-1371 Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. K 576/2
70 6/25/15 14-114 King v. Burwell R 576/2
69 6/22/15 13-720 Kimble v. Marvel Entertainment, LLC EK 576/1
68 6/22/15 13-1175 Los Angeles v. Patel SS 576/1
67 6/22/15 14-6368 Kingsley v. Hendrickson B 576/1
66 6/22/15 14-275 Horne v. Department of Agriculture R 576/1
65 6/18/15 13-1433 Brumfield v. Cain SS 576/1
64 6/18/15 13-1428 Davis v. Ayala A 576/1
63 6/18/15 13-1352 Ohio v. Clark A 576/1
62 6/18/15 14-144 Walker v. Texas Div., Sons of Confederate Veterans, Inc. B 576/1
61 6/18/15 14-378 McFadden v. United States T 576/1
60 6/18/15 13-502 Reed v. Town of Gilbert T 576/1
59 6/15/15 14-185 Reyes Mata v. Lynch EK 576/1
58 6/15/15 14-103 Baker Botts L.L.P. v. ASARCO LLC T 576/1
57 6/15/15 13-1402 Kerry v. Din AS 576/1
56 6/08/15 13-628 Zivotofsky v. Kerry K 576/1
55 6/01/15 14-939 Taylor v. Barkes PC 575/2
54 6/01/15 13-1034 Mellouli v. Lynch G 575/2
53 6/01/15 13-1421 Bank of America, N. A. v. Caulkett T 575/2
52 6/01/15 14-86 EEOC v. Abercrombie & Fitch Stores, Inc. AS 575/2
51 6/01/15 13-983 Elonis v. United States R 575/2
50 5/26/15 13-935 Wellness Int’l Network, Ltd. v. Sharif SS 575/2
49 5/26/15 12-1497 Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter A 575/2
48 5/26/15 13-896 Commil USA, LLC v. Cisco Systems, Inc. K 575/2
47 5/18/15 13-1487 Henderson v. United States EK 575/2
46 5/18/15 13-1412 City and County of San Francisco v. Sheehan A 575/2
45 5/18/15 13-485 Comptroller of Treasury of Md. v. Wynne A 575/2
44 5/18/15 13-1333 Coleman v. Tollefson B 575/2
43 5/18/15 13-550 Tibble v. Edison Int’l B 575/2
42 5/18/15 14-400 Harris v. Viegelahn G 575/2
41 5/04/15 14-116 Bullard v. Blue Hills Bank R 575/2
40 4/29/15 13-1019 Mach Mining, LLC v. EEOC EK 575/1
39 4/29/15 13-1499 Williams-Yulee v. Florida Bar R 575/1
38 4/22/15 13-1074 United States v. Kwai Fun Wong EK 575/1
37 4/21/15 13-271 Oneok, Inc. v. Learjet, Inc. B 575/1
36 4/21/15 13-9972 Rodriguez v. United States G 575/1
35 3/31/15 14-15 Armstrong v. Exceptional Child Center, Inc. AS 575/1
34 3/30/15 14-618 Woods v. Donald PC 575/1
33 3/30/15 14-593 Grady v. North Carolina PC 575/1
32 3/25/15 13-895 Alabama Legislative Black Caucus v. Alabama B 575/1
31 3/25/15 12-1226 Young v. United Parcel Service, Inc. B 575/1
30 3/24/15 13-435 Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund EK 575/1
29 3/24/15 13-352 B&B Hardware, Inc. v. Hargis Industries, Inc. A 575/1
28 3/09/15 126, Orig. Kansas v. Nebraska D 575/1
27 3/09/15 13-1041 Perez v. Mortgage Bankers Assn. SS 575/1
26 3/09/15 13-1080 Department of Transportation v. Association of American Railroads K 575/1
25 3/04/15 13-553 Alabama Dept. of Revenue v. CSX Transp., Inc. AS 575/1
24 3/03/15 13-1032 Direct Marketing Assn. v. Brohl T 575/1
23 2/25/15 13-7451 Yates v. United States G 574/2
22 2/25/15 13-534 North Carolina Bd. of Dental Examiners v. FTC K 574/2
21 2/24/15 126, Orig. Kansas v. Nebraska EK 574/2
20 1/26/15 13-1010 M&G Polymers USA, LLC v. Tackett T 574/2
19 1/21/15 13-1211 Hana Financial, Inc. v. Hana Bank SS 574/2
18 1/21/15 13-1174 Gelboim v. Bank of America Corp. G 574/2
17 1/21/15 13-894 Department of Homeland Security v. MacLean R 574/2
16 1/20/15 14-6873 Christeson v. Roper PC 574/2
15 1/20/15 13-6827 Holt v. Hobbs A 574/2
14 1/20/15 13-854 Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. B 574/2
13 1/14/15 13-975 T-Mobile South, LLC v. City of Roswell SS 574/2
12 1/14/15 13-7211 Jennings v. Stephens AS 574/2
11 1/13/15 13-9026 Whitfield v. United States AS 574/2
10 1/13/15 13-684 Jesinoski v. Countrywide Home Loans, Inc. AS 574/2
9 12/15/14 5, Orig. United States v. California D 574/1
8 12/15/14 13-719 Dart Cherokee Basin Operating Co. v. Owens G 574/1
7 12/15/14 13-604 Heien v. North Carolina R 574/1
6 12/09/14 13-517 Warger v. Shauers SS 574/1
5 12/09/14 13-433 Integrity Staffing Solutions, Inc. v. Busk T 574/1
4 11/17/14 14-95 Glebe v. Frost PC 574/1
3 11/10/14 14-212 Carroll v. Carman PC 574/1
2 11/10/14 13-1318 Johnson v. City of Shelby PC 574/1
1 10/06/14 13-946 Lopez v. Smith PC 574/1

 

The Actual 2015 DHS Report On Sovereign Citizens Does Not Contain The Claims Made by CNN | Conservative Treehouse

DHSIntelligenceAssessmentSovereignCitizens

Editor’s Note: Department of Homeland Security (DHS) & Southern Poverty Law Center (SPLC) characterizations of sovereign citizens are extremely simple-minded. Furthermore the CNN spin on the report as noted below was grossly distorted. Most of the sovereign citizens I’ve had contact with over the years were non-violent, posed no threat to the government, were sincere in their efforts to restore accountability in government, justice in the courts and liberty to the country. For the record the founding fathers were sovereign citizens of their respective states.

Within the CNN analysis they claim serious threats:

[…] ”from sovereign citizen groups as equal to — and in some cases greater than — the threat from foreign Islamic terror groups, such as ISIS”.

Except, there’s something very divergent – The actual report does not claim that the threat to police is growing, it does not conflate sovereigns with other anti-government groups, it makes no broad claims about terror on the right,  and it does not compare the sovereigns to ISIS or to any other foreign terrorists.

There is absolutely nothing in the report to suggest such an interpretation.  Heck, the words “right-wing” do not even show up in the report anywhere. 

As Reason.Com outlines:

[…]  The document declares on its first page that most sovereign citizens are nonviolent, and that it will focus only on the violent fringe within a fringe—the people it calls “sovereign citizen extremists,” or SCEs. It describes their violence as “sporadic,” and it does not expect its rate to rise, predicting instead that the violence will stay “at the same sporadic level” in 2015. The author or authors add that most of the violence consists of “unplanned, reactive” clashes with police officers, not preplanned attacks. (more)

Here is the actual report. You can compare it to the CNN interpretation and decide for yourself.

Download: Sovereign Citizen Extremist Ideology Report (February 5, 2015)
Source: Conservative Treehouse

DHSCharacterization

Astroturf and the Manipulation of Media Messages | Sharyl Attkisson | YouTube & TEDx~University of Nevada [click image]

Screen Shot 2020-06-15 at 7.39.52 PMIn this eye-opening talk, veteran investigative journalist Sharyl Attkisson shows how astroturf, or fake grassroots movements funded by political, corporate, or other special interests very effectively manipulate and distort media messages. Sharyl Attkisson is an investigative journalist based in Washington D.C. She is currently writing a book entitled Stonewalled (Harper Collins), which addresses the unseen influences of corporations and special interests on the information and images the public receives every day in the news and elsewhere.

For twenty years (through March 2014), Attkisson was a correspondent for CBS News. In 2013, she received an Emmy Award for Outstanding Investigative Journalism for her reporting on “The Business of Congress,” which included an undercover investigation into fundraising by Republican freshmen. She also received Emmy nominations in 2013 for Benghazi: Dying for Security and Green Energy Going Red. Additionally, Attkisson received a 2013 Daytime Emmy Award as part of the CBS Sunday Morning team’s entry for Outstanding Morning Program for her report: “Washington Lobbying: K-Street Behind Closed Doors.” In September 2012, Attkisson also received an Emmy for Oustanding Investigative Journalism for the “Gunwalker: Fast and Furious” story. She received the RTNDA Edward R. Murrow Award for Excellence in Investigative Reporting for the same story. Attkisson received an Investigative Emmy Award in 2009 for her exclusive investigations into TARP and the bank bailout.

She received an Investigative Emmy Award in 2002 for her series of exclusive reports about mismanagement at the Red Cross.

This talk was given at a TEDx event using the TED conference format but independently organized by a local community. Learn more at http://ted.com/tedx

Source: YouTube

 

Paris attack designed to shore up France’s vassal status: Roberts | PressTV

DrPaulCraigRobertsA former White House official says the terrorist attack that killed 12 people on Wednesday in Paris was a false flag operation “designed to shore up France’s vassal status to Washington.”

Dr. Paul Craig Roberts, who was Assistant Secretary of the Treasury in the Reagan Administration and associate editor of the Wall Street Journal, made the remarks in an article published on Thursday.

“The suspects can be both guilty and patsies. Just remember all the terrorist plots created by the FBI that served to make the terrorism threat real to Americans,” he wrote.

He said that the French economy is suffering from the US-imposed sanctions against Russia. “Shipyards are impacted from being unable to deliver Russian orders due to France’s vassalage status to Washington, and other aspects of the French economy are being adversely impacted by sanctions that Washington forced its NATO puppet states to apply to Russia.”

Dr. Roberts stated that French President Francois Hollande this week said that the sanctions against Russia should end. “This is too much foreign policy independence on France’s part for Washington.”

He added that the CIA has apparently resurrected a policy that it followed against Europeans during the post-WW II era when the US spy agency would carry out attacks in European states and blame them on communist groups.

Dr. Roberts said now the US agencies have planned false flag operations in Europe to create hatred against Muslims and bring European countries under Washington’s sphere of influence.

He noted that “the attack on Charlie Hebdo was an inside job and that people identified by NSA as hostile to the Western wars against Muslims are going to be framed for an inside job designed to pull France firmly back under Washington’s thumb.”

The widely read columnist stated that the US “government tells Americans whatever story the government puts together and sits and laughs at the gullibility of the public.”

Source: PressTV

The Deep State Hiding in Plain Sight | YouTube & Bill Moyers

Mike Lofgren, a congressional staff member for 28 years, joins Bill Moyers to talk about what he calls Washington’s “Deep State,” in which elected and unelected figures collude to protect and serve powerful vested interests. “It is how we had deregulation, financialization of the economy, the Wall Street bust, the erosion or our civil liberties and perpetual war,” Lofgren tells Moyers.

Source: YouTube & Bill Moyers

Fourteen Propaganda Techniques the “News” Uses to Brainwash Americans | Truthout

4791170070_5461047792_o-e1526759569429By Cynthia Boez

Editor’s Note: The mainstream media has served a propaganda purpose for decades since the Cold War and even though this article from 2011 was originally written with Fox News in mind, it now applies equally to many other news sources including The New York Times, CNN, Washington Post, etc.

There is nothing more sacred to the maintenance of democracy than a free press. Access to comprehensive, accurate and quality information is essential to the manifestation of Socratic citizenship – the society characterized by a civically engaged, well-informed and socially invested populace. Thus, to the degree that access to quality information is willfully or unintentionally obstructed, democracy itself is degraded.

It is ironic that in the era of 24-hour cable news networks and “reality” programming, the news-to-fluff ratio and overall veracity of information has declined precipitously. Take the fact Americans now spend on average about 50 hours a week using various forms of media, while at the same time cultural literacy levels hover just above the gutter. Not only does mainstream media now tolerate gross misrepresentations of fact and history by public figures (highlighted most recently by Sarah Palin’s ludicrous depiction of Paul Revere’s ride), but many media actually legitimize these displays. Pause for a moment and ask yourself what it means that the world’s largest, most profitable and most popular news channel passes off as fact every whim, impulse and outrageously incompetent analysis of its so-called reporters. How did we get here?

Take the enormous amount of misinformation that is taken for truth by Fox audiences: the belief that Saddam Hussein had weapons of mass destruction (WMD) and that he was in on 9/11, the belief that climate change isn’t real and/or man-made, the belief that Barack Obama is Muslim and wasn’t born in the United States, the insistence that all Arabs are Muslim and all Muslims are terrorists, the inexplicable perceptions that immigrants are both too lazy to work and are about to steal your job. All of these claims are demonstrably false, yet Fox News viewers will maintain their veracity with incredible zeal. Why? Is it simply that we have lost our respect for knowledge?

My curiosity about this question compelled me to sit down and document the most oft-used methods by which willful ignorance has been turned into dogma by Fox News and other propagandists disguised as media. The techniques I identify here also help to explain the simultaneously powerful identification the Fox media audience has with the network, as well as their ardent, reflexive defenses of it.

The good news is that the more conscious you are of these techniques, the less likely they are to work on you. The bad news is that those reading this article are probably the least in need in of it.

1. Panic Mongering. This goes one step beyond simple fear mongering. With panic mongering, there is never a break from the fear. The idea is to terrify and terrorize the audience during every waking moment. From Muslims to swine flu to recession to homosexuals to immigrants to the rapture itself, the belief over at Fox seems to be that if your fight-or-flight reflexes aren’t activated, you aren’t alive. This of course raises the question: why terrorize your own audience? Because it is the fastest way to bypasses the rational brain. In other words, when people are afraid, they don’t think rationally. And when they can’t think rationally, they’ll believe anything.

2. Character Assassination/Ad Hominem. Fox does not like to waste time debating the idea. Instead, they prefer a quicker route to dispensing with their opponents: go after the person’s credibility, motives, intelligence, character, or, if necessary, sanity. No category of character assassination is off the table and no offense is beneath them. Fox and like-minded media figures also use ad hominem attacks not just against individuals, but entire categories of people in an effort to discredit the ideas of every person who is seen to fall into that category, e.g. “liberals,” “hippies,” “progressives” etc. This form of argument – if it can be called that – leaves no room for genuine debate over ideas, so by definition, it is undemocratic. Not to mention just plain crass.

3. Projection/Flipping. This one is frustrating for the viewer who is trying to actually follow the argument. It involves taking whatever underhanded tactic you’re using and then accusing your opponent of doing it to you first. We see this frequently in the immigration discussion, where anti-racists are accused of racism, or in the climate change debate, where those who argue for human causes of the phenomenon are accused of not having science or facts on their side. It’s often called upon when the media host finds themselves on the ropes in the debate.

4. Rewriting History. This is another way of saying that propagandists make the facts fit their worldview. The Downing Street Memos on the Iraq war were a classic example of this on a massive scale, but it happens daily and over smaller issues as well. A recent case in point is Palin’s mangling of the Paul Revere ride, which Fox reporters have bent over backward to validate. Why lie about the historical facts, even when they can be demonstrated to be false? Well, because dogmatic minds actually find it easier to reject reality than to update their viewpoints. They will literally rewrite history if it serves their interests. And they’ll often speak with such authority that the casual viewer will be tempted to question what they knew as fact.

5. Scapegoating/Othering. This works best when people feel insecure or scared. It’s technically a form of both fear mongering and diversion, but it is so pervasive that it deserves its own category. The simple idea is that if you can find a group to blame for social or economic problems, you can then go on to a) justify violence/dehumanization of them, and b) subvert responsibility for any harm that may befall them as a result.

6. Conflating Violence With Power and Opposition to Violence With Weakness. This is more of what I’d call a “meta-frame” (a deeply held belief) than a media technique, but it is manifested in the ways news is reported constantly. For example, terms like “show of strength” are often used to describe acts of repression, such as those by the Iranian regime against the protesters in the summer of 2009. There are several concerning consequences of this form of conflation. First, it has the potential to make people feel falsely emboldened by shows of force – it can turn wars into sporting events. Secondly, especially in the context of American politics, displays of violence – whether manifested in war or debates about the Second Amendment – are seen as noble and (in an especially surreal irony) moral. Violence become synonymous with power, patriotism and piety.

7. Bullying. This is a favorite technique of several Fox commentators. That it continues to be employed demonstrates that it seems to have some efficacy. Bullying and yelling works best on people who come to the conversation with a lack of confidence, either in themselves or their grasp of the subject being discussed. The bully exploits this lack of confidence by berating the guest into submission or compliance. Often, less self-possessed people will feel shame and anxiety when being berated and the quickest way to end the immediate discomfort is to cede authority to the bully. The bully is then able to interpret that as a “win.”

8. Confusion. As with the preceding technique, this one works best on an audience that is less confident and self-possessed. The idea is to deliberately confuse the argument, but insist that the logic is airtight and imply that anyone who disagrees is either too dumb or too fanatical to follow along. Less independent minds will interpret the confusion technique as a form of sophisticated thinking, thereby giving the user’s claims veracity in the viewer’s mind.

9. Populism. This is especially popular in election years. The speakers identifies themselves as one of “the people” and the target of their ire as an enemy of the people. The opponent is always “elitist” or a “bureaucrat” or a “government insider” or some other category that is not the people. The idea is to make the opponent harder to relate to and harder to empathize with. It often goes hand in hand with scapegoating. A common logical fallacy with populism bias when used by the right is that accused “elitists” are almost always liberals – a category of political actors who, by definition, advocate for non-elite groups.

10. Invoking the Christian God. This is similar to othering and populism. With morality politics, the idea is to declare yourself and your allies as patriots, Christians and “real Americans” (those are inseparable categories in this line of thinking) and anyone who challenges them as not. Basically, God loves Fox and Republicans and America. And hates taxes and anyone who doesn’t love those other three things. Because the speaker has been benedicted by God to speak on behalf of all Americans, any challenge is perceived as immoral. It’s a cheap and easy technique used by all totalitarian entities from states to cults.

11. Saturation. There are three components to effective saturation: being repetitive, being ubiquitous and being consistent. The message must be repeated cover and over, it must be everywhere and it must be shared across commentators: e.g. “Saddam has WMD.” Veracity and hard data have no relationship to the efficacy of saturation. There is a psychological effect of being exposed to the same message over and over, regardless of whether it’s true or if it even makes sense, e.g., “Barack Obama wasn’t born in the United States.” If something is said enough times, by enough people, many will come to accept it as truth. Another example is Fox’s own slogan of “Fair and Balanced.”

12. Disparaging Education. There is an emerging and disturbing lack of reverence for education and intellectualism in many mainstream media discourses. In fact, in some circles (e.g. Fox), higher education is often disparaged as elitist. Having a university credential is perceived by these folks as not a sign of credibility, but of a lack of it. In fact, among some commentators, evidence of intellectual prowess is treated snidely and as anti-American. Education and other evidence of being trained in critical thinking are direct threats to a hive-mind mentality, which is why they are so viscerally demeaned.

13. Guilt by Association. This is a favorite of Glenn Beck and Andrew Breitbart, both of whom have used it to decimate the careers and lives of many good people. Here’s how it works: if your cousin’s college roommate’s uncle’s ex-wife attended a dinner party back in 1984 with Gorbachev’s niece’s ex-boyfriend’s sister, then you, by extension are a communist set on destroying America. Period.

14. Diversion. This is where, when on the ropes, the media commentator suddenly takes the debate in a weird but predictable direction to avoid accountability. This is the point in the discussion where most Fox anchors start comparing the opponent to Saul Alinsky or invoking ACORN or Media Matters, in a desperate attempt to win through guilt by association. Or they’ll talk about wanting to focus on “moving forward,” as though by analyzing the current state of things or God forbid, how we got to this state of things, you have no regard for the future. Any attempt to bring the discussion back to the issue at hand will likely be called deflection, an ironic use of the technique of projection/flipping.

In debating some of these tactics with colleagues and friends, I have also noticed that the Fox viewership seems to be marked by a sort of collective personality disorder whereby the viewer feels almost as though they’ve been let into a secret society. Something about their affiliation with the network makes them feel privileged and this affinity is likely what drives the viewers to defend the network so vehemently. They seem to identify with it at a core level, because it tells them they are special and privy to something the rest of us don’t have. It’s akin to the loyalty one feels by being let into a private club or a gang. That effect is also likely to make the propaganda more powerful, because it goes mostly unquestioned.

In considering these tactics and their possible effects on American public discourse, it is important to note that historically, those who’ve genuinely accessed truth have never berated those who did not. You don’t get honored by history when you beat up your opponent: look at Martin Luther King Jr., Robert Kennedy, Abraham Lincoln. These men did not find the need to engage in othering, ad homeinum attacks, guilt by association or bullying. This is because when a person has accessed a truth, they are not threatened by the opposing views of others. This reality reveals the righteous indignation of people like Glenn Beck, Bill O’Reilly and Sean Hannity as a symptom of untruth. These individuals are hostile and angry precisely because they don’t feel confident in their own veracity. And in general, the more someone is losing their temper in a debate and the more intolerant they are of listening to others, the more you can be certain they do not know what they’re talking about.

One final observation. Fox audiences, birthers and Tea Partiers often defend their arguments by pointing to the fact that a lot of people share the same perceptions. This is a reasonable point to the extent that Murdoch’s News Corporation reaches a far larger audience than any other single media outlet. But, the fact that a lot of people believe something is not necessarily a sign that it’s true; it’s just a sign that it’s been effectively marketed.

As honest, fair and truly intellectual debate degrades before the eyes of the global media audience, the quality of American democracy degrades along with it.

Source: Truthout