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☆ Mark Meadows asked the Supreme Court to recognize his 'just following orders' defense. A right-wing justice wasn't buying it.
▼ + stars: | 2024-04-28 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +8 min

Mark Meadows has requested Supreme Court to recognize immunity for president's subordinates. One of Trump's own Supreme Court appointees seemed to draw the opposite conclusion. AdvertisementBefore the Supreme Court heard oral arguments in former President Donald Trump's immunity case, Mark Meadows tried to get his foot in the door. AdvertisementJudges have denied Meadows's attempts to move his criminal case to federal court, which could be more favorable legal territory. AdvertisementA Trump appointee had the opposite approachIn Thursday's hearings, the Supreme Court didn't directly take up the issue.

Persons: Mark Meadows, Trump's, —, Donald Trump's, Trump, Joe Biden's, Meadows, doesn't, didn't, Neil Gorsuch —, John Sauer, Gorsuch, Sauer, we've, they're, Anthony Michael Kreis, George Terwilliger, Michael Dreeben, Amy Coney Barrett, Barrett, Donald Trump, Neil Gorsuch, Carolyn Kaster, Samuel Alito, Alito, Kreis, Richard Nixon, Ronald Reagan, That's, it's Organizations: Trump, Service, Republican, Attorney's, Supreme, Constitutional Convention, Georgia State University, Justice Department, Department of Justice, Kreis Locations: Georgia, Meadows, Fulton County, Atlanta, Fulton

☆ Opinion | Justice Alito Is Holding Trump to a Different Standard
▼ + stars: | 2024-04-27 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +1 min

I mentioned it in passing in my Friday column, but I was struck — disturbed, really — by one specific point made by Justice Samuel Alito during Thursday’s oral arguments in Trump v. United States. Alito began innocuously enough: “I’m sure you would agree with me that a stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully if that candidate is the incumbent.”“Of course,” answered Michael Dreeben, the lawyer arguing the case for the Department of Justice. “Now,” Alito continued, “if an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”The implication of Alito’s question is that presidential immunity for all official acts may be a necessary concession to the possibility of a politically motivated investigation and prosecution: Presidents need to be above the law to raise the odds that they follow the law and leave office without incident.

Persons: Samuel Alito, Alito, ”, Michael Dreeben, “, ” Alito Organizations: Trump v ., Department of Justice Locations: Trump v, Trump v . United States

☆ Conservative Justices Take Argument Over Trump’s Immunity in Unexpected Direction
▼ + stars: | 2024-04-26 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

Before the Supreme Court heard arguments on Thursday on former President Donald J. Trump’s claim that he is immune from prosecution, his stance was widely seen as a brazen and cynical bid to delay his trial. The practical question in the case, it was thought, was not whether the court would rule against him but whether it would act quickly enough to allow the trial to go forward before the 2024 election. Instead, members of the court’s conservative majority treated Mr. Trump’s assertion that he could not face charges that he tried to subvert the 2020 election as a weighty and difficult question. They did so, said Pamela Karlan, a law professor at Stanford, by averting their eyes from Mr. Trump’s conduct. “What struck me most about the case was the relentless efforts by several of the justices on the conservative side not to focus on, consider or even acknowledge the facts of the actual case in front of them,” she said.

Persons: Donald J, Pamela Karlan, Trump’s, ”, “ I’m, Samuel A, Alito Jr Organizations: Stanford

☆ John Roberts isn’t happy with previous ruling against Trump – what happens now?
▼ + stars: | 2024-04-26 | by ( Joan Biskupic | ) edition.cnn.com time to read: +5 min

But the cagey chief justice made some points abundantly clear. And whatever the staggering facts of the election subversion allegations against Trump, they are not his concern here. Further, when he is in the majority, Roberts has the power, as chief justice, to determine who writes the opinion. In past high-profile disputes involving Trump, Roberts has kept the pen for himself. Whenever Dreeben tried to return to allegations of fraud, obstruction and other crimes against Trump, conservative justices swept them away.

Persons: John Roberts, Donald Trump, Roberts, who’d, Trump, he’s, ” Roberts, Michael Dreeben, Jack Smith, Ronald Reagan, Jane Sullivan Roberts, Patrick Jackson, Justice Ketanji Brown Jackson, John Sauer, Sauer, Dreeben, Samuel Alito, Alito, “, It’s, ” Dreeben, ”, I’m Organizations: CNN, Trump, Court, DC Circuit US, Appeals, United Locations: United States

☆ Supreme Court might not give Trump sweeping immunity — but it's likely to give him the one victory he wants
▼ + stars: | 2024-04-25 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +7 min

But a majority of Supreme Court justices appear ready to hand the former president an immediate victory. Still, the Supreme Court justices do not appear likely to dismiss the former president's claims quickly, raising the likelihood that Trump may not face trial for trying to overturn the 2020 election before November. He drew his arguments from an earlier Supreme Court case that mapped the line for presidential immunity in civil matters. The Supreme Court weighs Trump's immunity claim. It is possible that the Supreme Court could rule that a more detailed review of Trump's conduct is best left to a lower court.

Persons: Donald Trump, —, Trump, Jack Smith, Trump's, you've, Brett Kavanaugh, Sauer, Kavanaugh, Tanya Chutkan, Smith, Joe Biden, it's, John Sauer, Jabin, Samuel Alito, Alito, Amy Coney Barrett, Barrett, Michael Dreeben, Dreeben, Ketanji Brown Jackson, Jackson, John Roberts, Jackon, Justice Alito, Roe, Wade, Anthony Kennedy's, Hodges, Neil Gorsuch Organizations: Service, Trump, Washington, Getty Locations: DC, Dobbs v, Obergefell

☆ Supreme Court justices dance around question of whether Trump could pardon himself if he wins reelection
▼ + stars: | 2024-04-25 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +5 min

Self-pardoning wasn't on the table at Thursday's Supreme Court hearing. The Supreme Court has never ruled on whether such a move would be permissible. The purpose of the hearing was for the Supreme Court to hear arguments over whether Trump should be immune from criminal prosecution for his conduct as president. He told Michael Dreeben, the lawyer representing Smith's team, that the question might be crucial as the Supreme Court deliberates the scope of presidential immunity. In order to obtain a pardon, he would have to be convicted and serve at least five years of a sentence.

Persons: Alito, —, Donald Trump, could've, Trump, — Samuel Alito, Neil Gorsuch —, Jack Smith's, Smith, Gorsuch, he'll, We've, it's, Michael Dreeben, haven't, Gerald Ford, Richard Nixon, Dreeben, Joe Biden, Stormy Daniels Organizations: Thursday's, Trump, Service, NBC, Mar, DC Circuit, Justice Department's, Justice Department Locations: New York, Manhattan, Georgia

☆ Did Trump’s lawyers misquote George Washington? Here’s what the first president actually said
▼ + stars: | 2024-04-25 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +8 min

CNN —Searching for some evidence that the Founding Fathers would have supported “absolute immunity” from criminal prosecution for former President Donald Trump, his lawyers have turned to George Washington. Washington’s thought does not end where Trump’s lawyers put the period. In his farewell address, the first president advised his fellow citizens that “Religion and morality” were the “great Pillars of human happiness, these firmest props of the duties of Men and citizens." Another Washington historian, Alexis Coe, who wrote a recent biography, described the Trump lawyers’ view of Washington’s farewell address as “bonkers.” She thinks that rather than trying to seek exemption from laws, Washington would find ways around them. Anything that delays Trump’s prosecution is a clear win for the former president, who is playing for time until the November election.

Persons: Donald Trump, George Washington, Washington’s, Washington, inoculate Trump, John Sauer, “, John Avlon, “ Washington, ” Avlon, Ketanji Brown Jackson, Sauer, ”, Alexis Coe, –, Coe, Doris Kearns Goodwin, Trump, Will Trump, Trump’s, Samuel Alito, Neil Gorsuch, ” Gorsuch Organizations: CNN, US, Congress, gaslight, Trump . Washington, Trump, Constitutional Locations: United States, Washington, “, New York, Trump ., Pennsylvania

Trump himself has continued to lobby for absolute immunity, including before his appearance at a New York court where he’s on trial for business fraud. Dreeben told Barrett that the indictment against Trump is substantially about private conduct, meaning that a trial could proceed even if the Supreme Court finds some immunity for Trump’s official actions. Liberal justices weren’t impressed with Trump’s absolute immunity claimsIt was pretty clear where the court’s three liberals will be when the opinion lands. With arguments over, focus shifts to timing for decisionThe arguments about Trump’s immunity claim are over. In the immunity case, the court already helped Trump by denying the special counsel request last December to leapfrog the appeals court and resolve the question quickly.

Persons: Donald Trump’s, Jack Smith carte, Trump, John Roberts, Roberts, didn’t, he’s, ” Roberts, skeptically, ” Trump, John Sauer, Sauer, Amy Coney Barrett, Justice Elena Kagan, Brad Raffensperger, Raffensperger, ”, Justice Barrett, Barrett –, Barrett, Smith, ” Barrett, Michael Dreeben, Dreeben, weren’t, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Kagan, “, that’s, ” Kagan, Jackson, ” Jackson, “ I’m, Alito, they’d, ” Alito, ’, Ty Cobb, Mark Meadows, Rudy Giuliani, Richard Nixon, Gore, Katelyn Polantz, Hannah Rabinowitz, Holmes Lybrand Organizations: CNN, Trump, Appeals, DC Circuit, Georgia, Republican National Committee, Arizona, Justice Department, Trump isn’t Locations: New York, Arizona, Michigan , Georgia, Nevada, Michigan, Washington

☆ Solicitor General Elizabeth Prelogar again in the spotlight fighting the conservative Supreme Court on abortion
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | ) edition.cnn.com time to read: +8 min

CNN —For the fourth time since she became the federal government’s top Supreme Court advocate, Solicitor General Elizabeth Prelogar is arguing an abortion-related case. When Prelogar argues before the Supreme Court, she is arguing in front of several alumni of the US Office of the Solicitor General. She also clerked for her current boss, Attorney General Merrick Garland, when he was a DC Circuit judge, before her Supreme Court clerkships. She went on to litigate Supreme Court cases for private firms and worked on special counsel Robert Mueller’s investigation. Likewise, the abortion case Prelogar argued last month could have significant consequences for federal power.

Persons: Elizabeth Prelogar, Prelogar, Department’s, Biden, ”, Stephanie Toti, she’s, Ruth Bader Ginsburg, Elena Kagan, Kagan, Obama, John Roberts, George H.W, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Roe, ” Prelogar, General Merrick Garland, Robert Mueller’s, Beth Brinkmann, Clinton, Brinkmann, Prelogar’s, Court’s Roe, Wade, –, Roberts, Gorsuch, Amy Coney Barrett, ” Toti, “ That’s Organizations: CNN, Miss Idaho, NPR, Emory University, Harvard Law School, DC Circuit, litigate, The Justice Department, Idaho, Labor, Center for Reproductive Rights, Food and Drug Administration, Justice Department, Republican Locations: Bush, Texas, ” An Idaho, Idaho

☆ Takeaways from the Supreme Court’s oral arguments over emergency abortions
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | John Fritze | ) edition.cnn.com time to read: +10 min

The court’s far-right wing, perhaps in an attempt to keep those two justices on their side, framed the case as a federal overreach into state power. Turner, Idaho’s attorney, shot back that mental health could essentially open a loophole. Conservatives have long opposed allowing exceptions to strict abortion bans for mental health. Justice Samuel Alito, a fellow conservative, picked up on that same theme, repeatedly pressing Prelogar to explain whether the Justice Department views mental health as a way around Idaho’s abortion ban. That is exactly the kind of political influence that the Supreme Court, especially under Roberts, has generally tried to avoid.

Persons: Biden, Elizabeth Prelogar, Roe, Wade, Brett Kavanaugh, John Roberts, Amy Coney Barrett, Prelogar, ” Prelogar, “, Roberts, Barrett –, Barrett, teed, Joshua Turner, Sonia Sotomayor, Turner, Elena Kagan, ’, Alito, CNN Sotomayor, ”, Clarence Thomas, EMTALA, Neil Gorsuch, ‘, Samuel Alito, ” Alito, –, Joe Biden, Donald Trump, Trump, – Gorsuch, Kavanaugh Organizations: CNN, Justice, Labor, Liberal, Republican, Supreme, Department, Wade, Idaho, energizing Democratic, Food and Drug Administration, GOP Locations: Idaho, Wisconsin

☆ Supreme Court to Examine Clash Between Idaho Abortion Ban and Federal Law
▼ + stars: | 2024-04-24 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The Supreme Court will hear arguments on Wednesday about whether Idaho’s near-total abortion ban conflicts with a federal law that protects patients who need emergency care, in a case that would determine access to abortions in emergency rooms across the country. The federal law affects only the sliver of women who face dire medical complications during pregnancy. But a broad decision by the court could have implications for the about 14 states that have enacted near-total bans on abortion since the court overturned a constitutional right to abortion in June 2022. The dispute is the second time in less than a month that the Supreme Court is grappling with abortion. In late March, the justices considered the availability of the abortion pill mifepristone.

Persons: Samuel A, Alito Jr Organizations: Jackson, Health Organization Locations: Idaho’s, Alabama, Dobbs v

☆ Trump’s immunity case is another reminder that all roads now lead to the Supreme Court
▼ + stars: | 2024-04-22 | by ( Ronald Brownstein | ) edition.cnn.com time to read: +17 min

CNN —The Supreme Court’s hearing Thursday on former President Donald Trump’s immunity claim will underline a historic power shift. Trump’s relationship has been complex with the court’s conservative majority – despite his instrumental role in establishing it. In sharp contrast, the court’s conservative majority has exerted its influence year after year, without interruption. “There is just much more intense vetting of Supreme Court justices,” said Pierson. “You can tell by the results of the court decisions over the past several years that it is fundamentally different.

Persons: Donald Trump’s, “, ”, Jeff Shesol, Franklin D, John Roberts, Amy Coney Barrett, Ruth Bader Ginsburg, Paul Pierson, –, Barack Obama’s, Roberts, Joe Biden, Trump, they’ve, Michael McConnell, Jack Smith, Gore, outvoted, George W, Bush, MAGA, Michael Waldman, ” Waldman, Bill Clinton, Richard Nixon, Nixon, Waldman, ” McConnell, McConnell, Sandra Day O’Connor, Anthony Kennedy, Ronald Reagan, David Souter, George H.W, Pierson, Obama, Brett Kavanaugh, Barrett, Cecilia Munoz, Biden, “ It’s, Samuel Alito, Clarence Thomas, Clinton, ” Shesol, FDR, Shesol Organizations: CNN, White House, GOP, Republican Party, Trump, Republicans, University of California, Democratic, House, White, Constitutional, Center, Stanford University Law School, Brennan Center for Justice, New York University School of Law, Senate, Republican, Federalist Society, Alabama, Electoral, Citizens, Constitutional Law Center, New, Great Society Locations: Berkeley, Manhattan, Florida, “, George H.W . Bush, Shelby County

☆ Supreme Court will take up the legal fight over ghost guns, firearms without serial numbers
▼ + stars: | 2024-04-22 | by ( ) www.cnbc.com time to read: +2 min

Illegal and ghost guns on display at the Attorney General Letitia James offices in Manhattan on March 15, 2023. The justices by a 5-4 vote had previously intervened to keep the regulation in effect during the legal fight. Ghost guns, which lack serial numbers, have been turning up at crime scenes with increasing regularity. The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers. The Supreme Court allowed the regulation to remain in effect while the lawsuit continues.

Persons: Letitia James, Luiz C . Ribeiro, District Judge Reed O'Connor, O'Connor, Donald Trump, O'Connor's, John Roberts, Amy Coney Barrett, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, Barrett, Gorsuch, Kavanaugh Organizations: New York Daily News, Tribune, Service, Getty, Biden, Justice, U.S, District, Alcohol, Tobacco, Firearms, Explosives, Circuit, Appeals, Trump Locations: Manhattan, New, Fort Worth , Texas

The Supreme Court's conservative majority appeared skeptical of a charge federal prosecutors have lodged against hundreds of people who attacked the US Capitol on January 6, 2021. While the court’s three-justice liberal wing signaled support for the charge, the conservative majority raised a series of skeptical questions about its potential scope and whether it would criminalize other conduct, such as protests. The charge can tack up to 20 years onto a prison sentence. Joseph Fischer, a former Pennsylvania police officer and January 6 defendant who brought the case to the Supreme Court, argued that the law at issue, created in response to the Enron scandal in 2001, was intended to stop witness tampering, not riots. During more than an hour and a half of arguments, Chief Justice John Roberts and Justices Brett Kavanaugh, Neil Gorsuch and Samuel Alito were among those who appeared to take issue with the government’s reading of the law.

Persons: ”, Joseph Fischer, John Roberts, Brett Kavanaugh, Neil Gorsuch, Samuel Alito Organizations: Capitol, Enron Locations: Pennsylvania

☆ House sends Mayorkas impeachment articles to the Senate
▼ + stars: | 2024-04-16 | by ( Annie Grayer | Priscilla Alvarez | ) edition.cnn.com time to read: +11 min

CNN —House Republicans have sent to the Senate two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, a step that launches a trial in the Senate as GOP lawmakers seek to highlight President Joe Biden’s handling of immigration policy. House Republicans do not have the votes or concrete evidence to impeach Biden given their razor-thin majority, leaving that separate impeachment inquiry stalled. GOP arguments for impeachment and pushback from constitutional expertsWhen Johnson originally informed Schumer he would be sending the impeachment articles over to the Senate, he laid out why he believed a Mayorkas impeachment was justified. “These articles lay out a clear, compelling, and irrefutable case for Secretary Alejandro Mayorkas’ impeachment,” Green said in a statement provided to CNN. “I think that what the House Republicans are asserting is that Secretary Mayorkas is guilty of maladministration,” Garber said.

Persons: Alejandro Mayorkas, Joe Biden’s, Mayorkas, Biden, —, impeaching Biden, ”, Donald Trump, Mike Johnson, Trump, Ian Sams, Johnson, Schumer, Mark Green of, Alejandro Mayorkas ’, ” Green, systemically, Samuel Alito, Ross Garber, ” Garber, “, Michael Chertoff, George W, Bush, Jonathan Turley, Chuck Schumer, Dick Durbin, “ I’m, CNN’s Manu Raju, I’ve, –, John Thune, ” Johnson, Pro Tempore Patty Murray, Michael McCaul of, Andy Biggs of, Clay Higgins, Ben Cline of Virginia, Michael Guest of, Andrew Garbarino, Marjorie Taylor Greene, Pfluger, Harriet Hageman of, Laurel Lee, CNN’s Ted Barrett, Morgan Rimmer Organizations: CNN — House Republicans, Homeland, Senate, Democratic, Republicans, Homeland Security, Biden, House Republicans, DHS, ’, Louisiana Republican, Truth, White, CNN, Congress, Tulane University, Republican, Senate Democratic, Mayorkas, Pro Tempore Locations: Louisiana, Mark Green of Tennessee, Washington, Michael McCaul of Texas, Andy Biggs of Arizona, Clay Higgins of Louisiana, Michael Guest of Mississippi, New York, Marjorie Taylor Greene of Georgia, Texas, Harriet Hageman of Wyoming, Laurel Lee of Florida

☆ Federal appeals court blocks West Virginia from enforcing anti-trans sports ban against 13-year-old girl
▼ + stars: | 2024-04-16 | by ( Devan Cole | ) edition.cnn.com time to read: +4 min

CNN —A federal appeals court ruled Tuesday that West Virginia cannot enforce its anti-transgender sports ban against a 13-year-old girl, dealing a blow to one of nearly two dozen such laws enacted by GOP-led states in recent years. We hold it cannot,” Circuit Judge Toby Heytens wrote in the decision, which was joined by Judge Pamela Harris. Signed into law by West Virginia Republican Gov. The court’s majority said the law violates Pepper-Jackson’s rights under Title IX, a federal law that prohibits discrimination on the basis of sex at schools that receive federal aid. The federal judge who initially blocked the law in 2021 reversed course last year and sided with state officials.

Persons: Becky Pepper, Jackson, Toby Heytens, Pamela Harris, Jim Justice, Pepper, “, ” Heytens, Steven Agee, Roy Rochlin, Agee, Clarence Thomas, Samuel Alito, Joshua Block, ” Block, Patrick Morrisey, ” Organizations: CNN, GOP, Appeals, ”, Republican, West Virginia Republican Gov, Lambda Legal, Conservative, American Civil Liberties Union, West Virginians, West Virginia Locations: Virginia, New York City, West Virginia

☆ January 6 rioters want the Supreme Court to let them off the hook from obstruction charge
▼ + stars: | 2024-04-16 | by ( John Fritze | Hannah Rabinowitz | ) edition.cnn.com time to read: +10 min

Now, the Supreme Court will consider whether the prosecutors’ interpretation of the law can be used against the rioters and whether the convictions already secured will stick. The charge at issue in the Supreme Court case stems from a law Congress enacted in response to a series of corporate accounting scandals, including the 2001 Enron debacle. The case before the Supreme Court involves only that last charge. All three defendants appealed to the Supreme Court, but the justices granted only Fischer’s case. In a filing last week at the Supreme Court in Trump’s immunity case, Smith argued the obstruction charge should stick against Trump even if Fischer wins.

Persons: Donald Trump, Jack Smith, Trump, ”, Claire Finkelstein, ” Trump, Fischer, Stormy Daniels, “, Joe Biden’s, Critics, Joseph Fischer, texted, ” Fischer, Nicholas Smith, Smith, Randall Eliason, Clarence Thomas, Ginni Thomas, Thomas, Ruth Bader Ginsburg, Samuel Alito, Eliason, Antonin Scalia, ” Eliason Organizations: CNN, Capitol, ” Prosecutors, Trump, Justice Department, University of Pennsylvania Carey Law School, Enron, Prosecutors, Appeals, DC Circuit, George Washington University, White Locations: Pennsylvania, New York, ”, Colorado

The high court’s ruling could also affect the federal election subversion criminal case pending against former President Donald Trump, who was also charged with the obstruction crime. The law, Justice Elena Kagan said, could have been written by Congress to limit its prohibition to evidence tampering. Unless the court rules broadly in a way that undermines the charge entirely, the case against Trump may still stick even if Fischer wins his case. The Fischer case has prompted some liberal critics of the court to demand that Thomas recuse himself. “There have been many violent protests that have interfered with proceedings,” Thomas asked Prelogar, pressing on a theme he returned to repeatedly during the arguments.

Persons: Critics, ”, Donald Trump, Joseph Fischer, Trump, “, Fischer, Brett Kavanaugh, Elizabeth Prelogar, John Roberts, ’ ” Roberts, it’s, Prelogar, Kavanaugh, ‘, ” Prelogar, Neil Gorsuch, Jamaal Bowman, Bowman, Samuel Alito, ” Alito, rioter, Elena Kagan, ” Kagan, Sonia Sotomayor, Ketanji Brown Jackson, Jeffrey Green, Jackson, Jack Smith, Department’s, Smith, Clarence Thomas, Thomas, That’s, Thomas ’, Ginni Thomas, ” Thomas, “ I’m Organizations: CNN, Justice Department, Justice, Capitol, Court, Department, Riot, ”, New York Democrat, House, Hamas, Trump Locations: Pennsylvania, Gaza, Virginia, DC, Colorado, ”

☆ Supreme Court Clears Way, for Now, for Idaho to Ban Transgender Treatment for Minors
▼ + stars: | 2024-04-15 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The Supreme Court on Monday temporarily allowed a ban to take effect in Idaho on gender-affirming treatment for minors, a signal that at least some justices appear comfortable with wading into another front in the culture wars. In siding with state officials who had asked the court to lift a block on the law, the justices were split, with a majority of the conservative justices voting to enforce the ban over the objections of the three liberal justices. The justices also specified that their decision would remain in place until the appeals process had ended. The court specified that it would allow the ban to apply to everyone except the plaintiffs who brought the challenge. Although orders on the emergency docket often include no reasoning, the decision included concurrences by Justice Neil M. Gorsuch, who was joined by Justices Samuel A. Alito Jr. and Clarence Thomas, and Justice Brett M. Kavanaugh, who was joined by Justice Amy Coney Barrett.

Persons: Neil M, Gorsuch, Samuel A, Alito Jr, Clarence Thomas, Brett M, Kavanaugh, Justice Amy Coney Barrett Organizations: Justice Locations: Idaho

☆ Civil War-era abortion ban rises again, exactly what Roe opponents wanted
▼ + stars: | 2024-04-09 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +6 min

But this is actually exactly the type of law that Supreme Court Justice Samuel Alito referred to in the majority opinion overturning Roe v. Wade in 2022. The patchwork of access created by the Dobbs decision has created abortion rights states and abortion ban states. The decision by Arizona’s state Supreme Court to return to the 1864 law is just the latest evidence of the tortured fallout. Video Ad Feedback Arizona governor blasts ruling on abortion ban 03:07 - Source: KNXVWhat is the law in Arizona now? Democrats, nonetheless, are hoping to use the abortion rights issue to mobilize voters in November.

Persons: –, Samuel Alito, Roe, Wade, “, ”, Dobbs, Donald Trump, Trump, Arizona’s, Katie Hobbs, Ben Toma, Warren Petersen, Cindy Von Quednow, Christina Maxouris, Lauren Mascarenhas, Doug Ducey, Ron DeSantis, DeSantis, Kari Lake, Toma, Petersen, Hobbs, South Carolina Sen, Lindsey Graham Organizations: CNN, US, Jackson, Health Organization, Court, Trump, Republican, Democratic, Wade, Republican Gov, Republican Senate, South Carolina, Democrats Locations: Arizona, Florida

☆ Texas immigration controversy rekindles fight over Arizona’s ‘show me your papers’ law
▼ + stars: | 2024-04-03 | by ( Devan Cole | ) edition.cnn.com time to read: +8 min

CNN —The legal battle over a controversial Texas immigration law could eventually give the Supreme Court a chance to revisit a historic ruling that largely struck down Arizona’s “show me your papers” law and reaffirmed the federal government’s “broad, undoubted power” over immigration. “It would have been incredibly difficult for the 5th Circuit to let this law stand under existing Supreme Court precedent,” she said. ‘Show me your papers’ lawThe Arizona law is a high-profile example of what happens when states attempt to take immigration policy into their own hands. Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, known as SB 1070, into law in 2010. The Supreme Court upheld the “show me your papers” part of the law and struck down the three other parts.

Persons: ”, Andrew Schoenholtz, “, ” Denise Gilman, Biden, Jan Brewer, Justice Anthony Kennedy, ’, ” Kennedy, ” Gilman, Clarence Thomas, Samuel Alito, Antonin Scalia, Elena Kagan, Jessica Bulman, Scalia, ” “, Pozen, Obama, that’s, Priscilla Richman, Irma Carrillo Ramirez, Andrew Oldham –, Alito, –, Oldham, Greg Abbott Organizations: CNN, Texas ’, ., Georgetown Law, University of Texas School of Law, Circuit, Arizona Republican Gov, Enforcement, Act, National, National Government, Columbia Law School, “, Arizona Court, Oldham, Texas Republican Gov Locations: Texas, New Orleans, Arizona, . United States, El Paso County . Texas, United States, “ Arizona

☆ Opinion | The Persistent Threat to Abortion Rights
▼ + stars: | 2024-03-30 | by ( The Editorial Board | ) www.nytimes.com time to read: +1 min

During oral arguments, they questioned whether the doctors had suffered the harm necessary to bring the suit in the first place. The presumptive Republican nominee for president, Donald Trump, has indicated support for a 15-week national abortion ban. And while the Supreme Court, in overturning Roe, ostensibly left it to each state to decide abortion policy, several states have gone against the will of their voters on abortion or tried to block ballot measures that would protect abortion rights. Anti-abortion forces may have had a tough week in the Supreme Court, but they remain focused on playing and winning a longer game. Even potential victories for reproductive freedom may prove short-lived: The mifepristone case, for instance, is far from dead.

Persons: Roe, Wade, Donald Trump, Samuel Alito Organizations: Republican Locations: America

☆ Supreme Court abortion case brings 19th century chastity law to the forefront
▼ + stars: | 2024-03-29 | by ( Tierney Sneed | ) edition.cnn.com time to read: +10 min

The Comstock Act, as the law is known, is not central to the current Supreme Court case. Their interest in the law’s relevance to Tuesday’s case speaks to how the Comstock Act has taken a more prominent role in the efforts to further limit abortion. Among other arguments, the case’s plaintiffs, anti-abortion doctors and medical associations, have invoked the Comstock Act to argue the FDA acted unlawfully by not considering the 19th century criminal prohibition on mailing abortion drugs. But much attention will be paid to any commentary about the statute, even if just in a dissent, when the Supreme Court issues its ruling in the case in the coming months. The political ramifications of the Supreme Court’s ultimate decision in the current FDA case is also at the forefront of how they approach the subject.

Persons: Clarence Thomas, Samuel Alito, Comstock, Alito, Roe, Wade, Thomas, Wade –, ”, Skye Perryman, –, Elizabeth Prelogar, Biden, ” Prelogar, Julia Kaye, Joe Biden, Roger Severino, Severino, Trump, misoprostol, Donald Trump, Michelle Shen, Alayna Treene Organizations: CNN, Forward Foundation, Food and Drug Administration, FDA, Department, DOJ, Republican, Heritage Foundation, Heritage Foundation’s, Department of Health, Human Services, House, Trump Locations: Roe

☆ Justices Barrett and Kavanaugh overturned Roe v. Wade. Why they may save access to the abortion pill
▼ + stars: | 2024-03-27 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —Justices Brett Kavanaugh and Amy Coney Barrett often link arms on cases, particularly when it comes to abortion and reproductive rights. Barrett was more active, but her queries appeared animated by the same concern for doctors who would have religious or moral objections to abortion. Kavanaugh and Barrett were Trump’s second and third appointments to the bench, in 2018 and 2020. Barrett asks about conscience and standing. When Kavanaugh followed up with his related question, Prelogar said, “We think that federal conscience protections provide broad coverage here.

Persons: Brett Kavanaugh, Amy Coney Barrett, Donald Trump, Kavanaugh, Barrett, “, ” Kavanaugh, Elizabeth Prelogar, Biden, ” Prelogar, They’d, Roe, Wade, Matthew Kacsmaryk, Clarence Thomas, Samuel Alito, mifepristone, Prelogar, ” Barrett, ”, Elena Kagan, Justice Barrett, Ketanji Brown Jackson, “ I’m, ” Jackson, Jackson, Erin Hawley, homed, ’, Hawley, she’d, ” Hawley Organizations: CNN, Drug Administration, Jackson, Health Organization, Guttmacher Institute, Alliance for Hippocratic, FDA, Appeals, Supreme, CNN Liberal, “ Locations: Dobbs v, America, Texas

☆ Why Abortion Is Back at the Supreme Court - The New York Times
▼ + stars: | 2024-03-26 | by ( Melissa Murray | Kate Shaw | ) www.nytimes.com time to read: +2 min

In his majority opinion in the case overturning Roe v. Wade, Justice Samuel Alito insisted that the high court was finally settling the vexed abortion debate by returning the “authority to regulate abortion” to the “people and their elected representatives.”Despite these assurances, less than two years after Dobbs v. Jackson Women’s Health Organization, abortion is back at the Supreme Court. In the next month, the justices will hear arguments in two high-stakes cases that may shape the future of access to medication abortion and to lifesaving care for pregnancy emergencies. These cases make clear that Dobbs did not settle the question of abortion in America — instead, it generated a new slate of questions. The first case, scheduled for argument on Tuesday, F.D.A. At issue is the law’s interaction with state laws that severely restrict abortion, like an Idaho law that bans abortion except in cases of rape or incest and circumstances where abortion is “necessary to prevent the death of the pregnant woman.”

Persons: Roe, Wade, Samuel Alito, Dobbs, America —, ” Organizations: Jackson, Health Organization, Supreme, Alliance, Hippocratic, Food, Labor Locations: America, Idaho

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