Summary of Today’s Opinions
In Brown v. EMA (video game violence case, formerly Schwarzenneger v. EMA), the Supreme Court affirmed. The opinion is here. The California is struck down in an opinion by Justice Scalia. Justice Alito concurred in judgment, joined by Chief Justice Roberts. Justices Thomas and Breyer filed separate dissents.
I have an instant analysis of the opinion here. I have another post on Justice Breyer’s willingness to defer to legislative findings (and even findings the legislature “could” have made) of laws that infringe on individual liberty. His dissent is quite similar to his McDonald v. Chicago dissent. Justice Breyer’s attempts to search outside the record to find reasons to uphold the law sounds more in rational basis review, and less in strict scrutiny.
In the Arizona Election cases (consolidated) the Supreme Court reversed 5-4, holding “Arizona’s matching funds scheme substantially burdens political speech and is not sufficiently justified by a compelling interest to survive First Amendment scrutiny.”
I have an instant analysis of this case here.
In J. McIntyre Machinery, Ltd. v. Nicastro, the Supreme Court reversed the New Jersey Supreme Court and a plurality held that personal jurisdiction was not proper in this case. Interestingly, in both Nicastro, and EMA, both Justices Breyer and Alito were hesitant about evolving the law to meet new technologies.
In Goodyear Dunlop Tires Operations, S. A. v. Brown, the Supreme Court, Justice Ginsburg for a unanimous Court reversed the Court of Appeals of North Carolina and found that “Petitioners were not amenable to suit in North Carolina on claims unrelated to any activity of petitioners in the forum State.”