SCOTUS Strikes At Prison Industrial Complex Profits

The other SCOTUS decision handed down on Friday, June 26th, is on “three strikes incarceration sentencing minimums” for felons on their third conviction.

The Johnson v. United States case challenged the “residual clause” of the Armed Career Criminal Act, which mandates a 15-year sentence for any federal firearms offender with three prior (residual) convictions for a felony. This was the fifth time since 2007 that the Supreme Court had to issue an opinion on the constitutionality of the residual clause.

This case arises out of the Armed Career Criminal Act, which imposes a mandatory minimum sentence of fifteen years on a federal firearms offender who has three convictions for a felony. In the Johnson case, the government used the “residual clause' to enhance Samuel Johnson’s prison sentence because of a prior conviction of possession of a sawed off shotgun.

The question before the Court was whether possession of a sawed-off shotgun constitutes a felony. Johnson argued that he shouldn’t be subjected to a harsher sentence, because the definition of what was considered “violent” was unconstitutionally vague. SCOTUS agreed with Johnson and issued a 7-1 ruling in his favor.

President Obama Gives Eulogy at Clementa Pinckney Funeral Service

President Obama delivers a eulogy for state Senator Clementa Pinckney, who was one of nine victims in the June 17, 2015, shooting at Emanuel African Methodist Episcopal Church in Charleston, South Carolina.


C-SPAN

Marriage Equality

UPDATE 11:00 PM July 1, 2015

The U.S. 5th Circuit Court of Appeals handed down a ruling shortly before 5 p.m. on Wednesday finding that the Supreme Court ruling in Obergefell v. Hodges overrides state laws and constitutional amendments limiting marriage to couples of one man and one woman.

The federal appeals court directed the district courts in Louisiana, Mississippi, and Texas to issue final orders ending enforcement of the states’ respective bans on same-sex couples’ marriages. Part of the 5th Circuit's order for Texas in the case reads:

While this appeal was under submission, the Supreme Court decided Obergefell v. Hodges, No. 14-556, 2015 U.S. LEXIS 4250 (U.S. June 26, 2015). In summary, the Court declared that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. The Court now holds that same-sex couples may exercise the fundamental right to marry. No longer may this lib- erty be denied to them. Baker v. Nelson [, 409 U.S. 810 (1972),] must be and now is overruled, and the State laws challenged by petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples.

UPDATED 4:20 PM Wednesday, July 1, 2015: The Texas Attorney General's office has conceded a separate legal challenge to the state's ban on same-sex marriage brought by two same-sex couples last year.

A three-judge panel of the U.S. 5th Circuit Court of Appeals took up the case in January, almost a year after U.S. District Judge Orlando L. Garcia of San Antonio ruled the state's same-sex marriage ban unconstitutional because it “violates plaintiffs’ equal protection and due process rights.” The state's appeal to the 5th Circuit had been left pending.

Scott Keller, Texas' solicitor general, wrote in a letter to 5th Circuit Justices the appellate court should affirm Judge Garcia's ruling against Texas' ban on same-sex marriage. The letter responds to the appellate court's request that the state and plaintiffs advise the court on their planned next steps in the Texas case, after the higher's ruling.

More than 100 of Texas' 254 counties are now confirmed to be issuing or prepared to issue marriage licenses to same-sex couples. The DMN has an interactive map of counties issuing marriage licenses to same-sex couples. Glen Maxey, Texas Democratic Party Legislative Affairs Director, has been listing counties issuing licenses on his personal Facebook timeline – here.

UPDATED 3:30 PM Sunday, June 28, 2015

State Attorney General Ken Paxton tells County Clerks they may refuse — on religious grounds — to issue same-sex marriage licenses. As reported by the Dallas Morning News.

UPDATED 1:30 PM Friday,  June 26, 2015

As of 1:30 PM Friday, June 26, 2015 - The Office of Collin County Clerk says the County Clerk is currently seeking legal council on the question of issuing marriage licenses to same-sex couples. They have no estimate on when they might reach a decision on issuing marriage licenses to same-sex couples.

The official statement from the Collin County Clerk further states that if the decision to issue same-sex marriage licenses is reached, it may take some time to implement changes to computer data bases and systems and office procedures to be able to actually issue those licenses.

County Clerks across most Texas counties, today, offer a similar statement on issuing marriage licenses to same-sex couples.

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10:45 AM Friday, June 26, 2015

The Supreme Court today ruled in favor of marriage equality when Justice Kennedy handed down the 5-4 majority opinion in the in the Obergefell v. Hodges same-sex marriage case. The ruling makes same-sex marriage immediately possible in all 50 states, even states like Texas that outlaw same-sex marriage in the state constitution.

When oral arguments were made before the Supreme Court Justices, Chief Justice John Roberts seemed surprised to find out religion and the First Amendment religious establishments clause in the U.S. Constitution have nothing to do with the legality of marriage.