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Killexams : SNIA Administration test Questions - BingNews https://killexams.com/pass4sure/exam-detail/S10-201 Search results Killexams : SNIA Administration test Questions - BingNews https://killexams.com/pass4sure/exam-detail/S10-201 https://killexams.com/exam_list/SNIA Killexams : Should the Senate Defer to the President’s Supreme Court Picks? No result found, try new keyword!But a lot of Republicans were surely nodding in agreement as they read the columnist’s argument that they should vote to confirm Sonia Sotomayor ... Sotomayor.” The question is whether ... Fri, 29 Jul 2022 12:00:00 -0500 en-US text/html https://www.nationalreview.com/2016/02/supreme-court-nominations-undue-deference-senate/ Killexams : Justice Sotomayor’s View of the Law No result found, try new keyword!Yesterday, in a 5-3 decision, the majority of justices came down squarely on the side of the state, but it was Sonia Sotomayor ... On the legal merits and the question of distorted Fourth ... Tue, 02 Aug 2022 12:00:00 -0500 en-US text/html https://www.nationalreview.com/2016/06/sonia-sotomayor-judicial-activism-dangerous/ Killexams : Supreme Court denies Biden bid to revive DHS immigration policy

The Supreme Court on Thursday rejected a Biden administration request to reinstate a Department of Homeland Security (DHS) immigration enforcement policy that was blocked by a lower court, with the justices scheduling the case for arguments in December.

The court’s vote was 5-4, with four members — liberal Justices Sonia Sotomayor,

At issue is DHS guidance from last September that directed immigration officers to prioritize certain groups of undocumented immigrants for deportation over others, with a focus on those who pose a threat to public safety or national security. The policy also directed officers to make a more comprehensive assessment of noncitizens before proceeding with an arrest or removal.

The policy drew several lawsuits, including a challenge by Texas and Louisiana that secured a legal victory in the lower courts.

A Trump-appointed U.S. judge in Texas sided with the challengers last month, vacating the DHS policy after concluding it failed to follow federal immigration law. The Biden administration was rebuffed when it asked the U.S. Court of Appeals for the 5th Circuit to block the district court’s judgment, prompting the administration’s request to the Supreme Court.

“That judgment is thwarting the Secretary’s direction of the Department he leads and disrupting DHS’s efforts to focus its limited resources on the noncitizens who pose the gravest threat to national security, public safety, and the integrity of our Nation’s borders,” the administration told the justices in court papers.

The Supreme Court’s order Thursday denying the administration’s stay request also treated its court filing as a formal petition for appeal, which the justices granted. The court scheduled the case for a hearing for the first week of December, the third month of the court’s next term.

It was the first time Jackson, the latest justice, has had her name appear on a Supreme Court order.

—Updated at 7:05 p.m.

Thu, 21 Jul 2022 12:23:00 -0500 en-US text/html https://thehill.com/regulation/court-battles/3569588-supreme-court-denies-biden-bid-to-revive-dhs-immigration-policy/
Killexams : praying football coach

Michael Shaffer

Granted, I am not a football coach. In fact, I have never coached anything except four-year old soccer, and that, while taking a great deal of time, takes little real skill, and precious little prayer in my experience. But apparently football is a different matter, in Washington State anyway.

Out of all the cases that flew from the mighty pens of the justices of the United States Supreme Court in the last weeks, one that may be a little confusing has been called that of the Praying Football Coach, more formally known as Kennedy v Bremerton School District.

As many latest cases by this court, this ruling was a 6-3 vote, with yes votes being cast by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, Samuel Alito, Amy Barrett, and Brett Kavanaugh and dissenting votes by Sonia Sotomayor, Steven Breyer, and Elena Kagan. You are going to want to remember that split (with the exception of Steven Breyer who just retired June 30 and has been replaced by Ketanji Brown Jackson).

Here are the details of the case, and then how the court ruled. Joseph Kennedy was an Asst Coach for the Bremerton High School football team and for a long time, years in fact, he had been praying on the 50-yard line after the game. It started as a simple prayer, on his own, thanking God for the safety of the players, how the game played out, perhaps specifics of how plays went, who really knows? At first -- NO ONE -- because it was as the Supreme Court would later rule, a "brief, quiet, personal religious observance", which is permissible in schools. Kennedy was not making a big deal of it, he was just praying. But here was when it started getting dicey, and this is where you need to pay close attention (and the Justices of the Supreme Court DID NOT.) The "quiet personal observance" became not so personal, and not so quiet. Students, players, participants in this extra-curricular activity, began to notice, and asked the coach if they could take a knee and join him in his expression of faith. According to school officials, they did not know what was going on at this point. This is pretty easy to understand because most coaches pull their players together on the field at the end of a game to talk about the game.

Only a very observant administrator would have noticed that the coach was, in fact, praying with his students. To God. Not just to any god. To God, the Christian God, as in God, the Trinity - Father, Son, and Holy Spirit - of Christian tradition and beliefs, not a generic god designed to fit the beliefs of all players, in case there were players who were of different faiths. Prayers directed to his God, Kennedy's God.

The fact that football is an “extra-curricular” would not make a difference in IN, because IN law states that a student is the responsibility of the school at all times that a student is under the jurisdiction of the school, in other words, at any time the student has left their home and is on their way to or from school or any school-related activity or school itself. So, all school rules apply, and that applies to both sides of the fence - not only to students but also to school employees. All school rules are fully in effect at a football game just like at any other school activity.

Well, as word got out little by little, the teams against whom Bremerton High School played in sports found out about the practice, which by this time had evolved into not only prayers on the 50-yard line AFTER the game but also INTO the locker room with prayers and religious-themed talks given by the Assistant Coach pre-game when ALL PLAYERS were subjected to the religious monologues.

These were not just for those who volunteered to "take a knee with the coach after the game" to pray to God. This may seem like a distinction without a difference but it is a very important distinction. Those who gathered after the game, as long as you don't consider peer pressure a factor, attended the prayer sessions and took a knee voluntarily at the 50-yard line. The locker room speeches and prayers were for the whole team and were to a captive audience. The entire team, the student trainers, and all who played the sport were in the locker room where they were required to be pre-game, Preparing to play, and heard the religious speeches and the prayer, whether they wanted to hear them or not. Some students who did not share the religious persuasion of the coach even attended the after-game prayers for fear that not attending would negatively impact their playing time.

The school principal had never been informed of any of this until one of the teams Bremerton had played against told the principal that they thought it was “pretty cool” that the coach was allowed to pray on the field. According to the initial lawsuit, that was when the school district said, "no more praying, this is a public school."

But by this time, Kennedy was going strong and was not about to stop. He had his bully pulpit (literally) and intended to keep on practicing what he considered his right to "freedom of speech." So, he did what he considered that any normal person would do in this setting, and hired an attorney, filing suit against the district.

As word got out, so did Kennedy's reputation. He became a popular public speaker on the Topic of how he was getting away with praying in public schools. The school district gave him a less than favorable evaluation, and did not renew his contract.

Jumping into analysis mode, why did the Court rule as it did, and why do I believe the Court got it wrong? Without a great deal of fanfare, Kennedy v Bremerton wiped out the “Lemon test,” which I cannot imagine you would know about unless you have purposely studied school law, even though it was decided in 1971. Lemon v Kurtzman was a major school law case which has been losing ground in Indiana but has shaped the involvement between church and state, especially in regard to funding, for many years.

Here were the basics of the “Lemon test”:

1. Does the proposed involvement have a clear secular purpose?

2. Does the primary purpose of the involvement advance or inhibit religion?

3. Does the involvement create an excessive governmental entanglement with religion?

Here is WHY I believe the Court got this one wrong. Kennedy's right to free speech created a situation in which impressionable football players, many of them minors by age, who, if you know anything at all about football or about sports in general, already know, want to please the coach and be noticed by the coach were put into a situation that they had to accept his religious point of view to gain his favor and earn playing time or prestige or position on the team. Kennedy's prayers after the games on the 50-yard line, his locker room speeches which were religiously-oriented devotionals from which football players could not escape, and his locker room prayers were not "brief, quiet, personal religious observances" as the Supreme Court stated, but were instead calculated religious messages of indoctrination. Indoctrination to one’s own personal religious beliefs does not belong in public education.

Long ago, and I do mean long ago, two different court cases removed prayer and Bible memorizing from public schools. These cases, Abington v Schempp and Engel v Vitale, did so not out of an anger against any kind of religious system or hatred of the Christian Bible but rather because a wise Supreme Court saw that to serve ALL students in a public school system, it had to create an environment in which no student was made to feel uncomfortable by an activity that was school sponsored and endorsed the practice of any particular religion. Contrary to what some groups have said, the purpose was not to keep all religions OUT of school but rather not to put one religion above another. Over the years since then, there have been multiple attempts to “get prayer and bible memorizing back in school.”

So, here's the question: suppose Coach Kennedy, in his "brief, quiet, quiet, personal religious observance" which in fact was anything but all of those things, had been praying to any other God than the one to whom the six Catholic Justices who voted in the majority prayed? Suppose, just for fun, that Coach Kennedy had been member of the Church of Cannabis in Indianapolis (a real church, founded in 2015 in response to the Religious Freedom Restoration Act) and this was an Indianapolis area high school. It does make me wonder if it would have played out differently when the smoke cleared from the decision.

At any rate, what's done is done, and the Supreme Court has ruled. As of yet, we do not know what the Praying Coach ruling means for schools. We probably still will not know by the time school opens in the fall. States will be scrambling to determine what “quiet, personal, religious observances” are in the world of free speech in schools, and how that compares to other forms of “quiet, personal free speech” which, it could be argued, are also permitted by this ruling.

Or are they?

Tue, 19 Jul 2022 17:15:00 -0500 en text/html https://www.journalgazette.net/praying-football-coach/article_cbb58984-fc67-11ec-988f-0fdc2aa8ece7.html
Killexams : Amy Coney Barrett Is in Over Her Head

The single most consequential player in the Supreme Court’s current conservative revolution is also the least conspicuous. Justice Amy Coney Barrett powered the court’s hard-right turn by casting the fifth vote in several major decisions—most notably, Dobbs v. Jackson Women’s Health Organization, which overruled Roe v. Wade. Yet over the course of the most fractious term in modern history, she rarely bothered to explain herself. While Donald Trump’s other two justices spilled much ink defending their positions, Barrett remained reticent. By the end of the term, she had become an enigmatic figure whose jurisprudence grew more cryptic and confusing with each decision. Even as her court grew more aggressive, she seemed to recede from view.

This tactical retreat from the public eye hints at the headwinds that Barrett faced in her second year on the court. The justice was ill-prepared for many aspects of her job, and after a series of unforced errors, she has faded into the background whenever possible. As a result, the woman who entrenched the Republican Party’s control over the federal judiciary comes across more as a loyal backbencher than an independent thinker.

It may be tempting for progressives to assume that Barrett is cynically withdrawing into the intellectual shadows so she can inflict maximum damage with minimal backlash. But the better explanation may be that the justice is simply in over her head.

Part of the problem is that, of all the current justices, Barrett had the least amount of preparation and training for the unique requirements of the job. She spent most of her career as a professor at Notre Dame Law School, where her students chose her as distinguished professor of the year three times. Her academic work was often dry and technical, verging on esoteric, and she avoided committing herself to any controversial ideas. Donald Trump appointed her to a federal appeals court in 2017, where she served for less than three years before joining the Supreme Court. Her opinions seemed calculated to improve her chances for a SCOTUS seat.

No other member of today’s court had so little experience in public service before their elevation. Justices Sonia Sotomayor, Sam Alito, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson all served substantial terms on the lower courts. Chief Justice John Roberts and Justice Clarence Thomas served only brief stints on the lower courts, but unlike Barrett, they held prominent government posts before that. The closest comparison is Justice Elena Kagan, who had never been a judge before she joined SCOTUS. Kagan, however, worked in Bill Clinton’s administration for four years then served as Barack Obama’s solicitor general. She also spent nearly six years as dean of Harvard Law School, presiding over a snake pit of clashing egos—a perfect training program for the Supreme Court.

Justices are politicians, whether they like it or not. They wield an immense amount of power, guaranteeing intense scrutiny of their words and actions. And because the court’s authority rests on public perceptions of its legitimacy, that scrutiny matters a great deal. When they decline to explain their votes, they create the impression that they’re exercising raw power instead of principled legal judgment.

That’s especially true of Barrett, whose eleventh-hour confirmation to replace the liberal Ruth Bader Ginsburg destabilized the entire judiciary. Trump, abetted by Sen. Mitch McConnell, rushed her onto the bench in the midst of an election to lock in GOP control of the courts. She refused to answer questions at her hearings, proffering opaque platitudes to avoid derailing her confirmation. This behavior foreshadowed her style of judging: provide as few answers as possible to preserve maximal latitude.

Since then, Barrett has done little to dispel the fumes of partisanship and illegitimacy that poisoned her appointment. Her attempts at public relations have backfired. She inked a lucrative book deal for her memoirs before she had produced a scintilla of a public thought.​​ In September, the justice declared that she and her colleagues were not “a bunch of partisan hacks” while standing next to McConnell at a center named after him. (She limited press access to the event.) In April, she urged Americans to “read the opinions” before concluding that the court’s work was “purely results-driven.”

There’s just one problem with that instruction: During her tenure, the court has radically altered the law through the shadow docket without issuing any opinions. It did so once again just two days after Barrett’s read-the-opinion speech by a 5–4 vote. She wordlessly joined the majority.

When decisions come down, Barrett is frequently missing in action.

Barrett’s performance at oral arguments, too, has been befuddling. She tends to ask very specific questions about some obscure aspect of the case, as if to flaunt her intricate knowledge of the record or her nuanced thinking. Then she signs onto an un-nuanced, hard-line opinion that completely ignores her putative concerns. Often, at arguments, she presents herself as a reasonable moderate earnestly grappling with the issues at hand; in opinions, she is just another automatic vote for a reactionary result.

Barrett’s biggest blunder was probably her question, during arguments in Dobbs, about “safe haven laws,” which let parents relinquish newborns without penalty. She suggested that these laws obviate the need for abortion, as if nine months of unwanted pregnancy were no big deal. That tone-deaf remark, as well as a gaffe about the “Jewish-Palestinian conflict,” indicated that she is not ready for prime time.

When the decisions come down, Barrett is frequently missing in action. As the junior justice, she does not get assigned blockbuster opinions, but she is free to write concurrences and dissents. Gorsuch and Kavanaugh wasted no time making their mark on the court through concurring opinions explaining their votes. These separate writings aim to give a reasoned defense of the justices’ stance ​​and to distinguish their intellectual projects from the conservative herd.

Barrett has chosen a different tack: silence. This term, she has joined a number of important 6–3 and 5–4 decisions that shifted the law rightward without a sentence of explanation. The justice wrote nothing in Dobbs to tell us why she overruled Roe. She wrote nothing in Oklahoma v. Castro-Huerta, a brutal 5–4 assault on tribal sovereignty. Nothing in West Virginia v. EPA hobbling climate regulations; or Kennedy v. Bremerton allowing Christian prayer in public schools; or Carson v. Makin forcing public funding of religious education; or Vega v. Tekoh undermining Miranda warnings; or the brutal habeas decisions that let states execute innocent people.

When Barrett does write a concurrence, it’s usually short and academic. Her opinion in the concealed carry case, for instance, ponders the precise historical period judges should look to when determining the original meaning of the Constitution. (As if the majority won’t start with its preferred conclusion and cherry-pick history to support it.) Her opinion in the Boston bomber case is a snoozer about federal appeals courts’ authority to impose procedural rules on district courts; it’s really just a summary of her own 2006 law review article. Her few concurrences pertaining to religious freedom were surprisingly open-ended and noncommittal for a justice who was expected to produce a robust free exercise jurisprudence.

Barrett’s defenders might argue that her modesty is an admirable trait, a signal that she is approaching the job with discipline, restraint, and a refreshing lack of ego. It’s hard to reconcile this claim with the justice’s eagerness to tour the public speaking circuit offering partisan speeches and taking potshots at journalists. A willingness to speak in political venues while remaining silent on the real judicial job doesn’t bespeak modesty; it suggests one is a merely political actor.

Nor do Barrett’s votes evince modesty or restraint. Over the last term, Barrett drifted rightward, away from Roberts and Kavanaugh toward the Thomas wing of the court. Time and again, when the court split 5–4, Roberts and Kavanaugh joined the liberals while Barrett sided with the extreme reactionaries. She tried to block Biden’s vaccine mandate for health care workers and his repeal of Trump’s anti-asylum policy. She sought to stop returning veterans from suing state employers that discriminate against them. And she attempted to prevent death row inmates from effectively challenging their method of execution.

Based on this evidence, many progressives have concluded that Barrett is exactly what she professes not to be: a partisan hack. Perhaps she is. But she is also a law professor. And her rocky start demonstrates the drawbacks of launching a law professor into the highest echelon of the judiciary. Outside of a leadership role like dean, academia is poor preparation for the Supreme Court. Professors debate ideas, write law review articles, and attend conferences to promote their scholarship. They think and talk about power rather than exercising it. Most do not expect millions of strangers to pore over their entire record with a critical eye.

From Day One, Barrett has approached this job as an academic. She treats cases like intriguing thought experiments rather than disputes between real people with life-and-death consequences. Her worst questions, like the “safe haven” disaster, sound like a parlor game. It’s easy to envision Barrett probing a student with such a question in an effort to test the strength of their argument. At oral arguments, though, it sounded like a callous minimization of the devastating burdens imposed by pregnancy.

Maybe none of this matters. Trump and the Federalist Society nominated a legion of conservative law professors because they valued ideological purity over practical experience. The learning curve, they reasoned, is irrelevant with life tenure; judges have decades to settle into the role. True enough for now. But the Supreme Court is simultaneously the most and least powerful branch: capable of striking down any law or executive action, yet incapable of enforcing its decisions with anything except persuasion. It derives its authority from our buy-in. If Barrett does not get with the program, she may imperil the conservative revolution that has only just begun.

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