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CNN —A former conservative federal appellate judge is urging the Supreme Court to keep Donald Trump off the ballot, arguing the ex-president’s effort to cling to power after his 2020 election loss was “broader” than South Carolina’s secession from the US that triggered the Civil War. Trump tried to prevent the newly-elected President Biden from governing anywhere in the United States. “Trump incited, and therefore engaged in, an armed insurrection against the Constitution’s express and foundational mandates that require the peaceful transfer of executive power to a newly-elected President,” the brief said. The US Supreme Court agreed earlier this month to review the unprecedented decision from the Colorado Supreme Court that removed him from that state’s ballot. In a 4-3 ruling issued last month, the state court said Trump is constitutionally ineligible to run in 2024 because the 14th Amendment’s ban on insurrectionists holding office covers his conduct on January 6, 2021.
Persons: CNN —, Donald Trump, Mr, Trump, Biden, Lincoln, ” J, Michael Luttig, “ Trump, , , ” Luttig, Mike Pence, George Conway, appointer, Jamie Gangel, Ariane, Vogue Organizations: CNN, US Supreme, Colorado Supreme, Congress Locations: South, United States, Carolina, State, Colorado, Washington,
CNN —Former Justice Sandra Day O’Connor, who blazed trails as the first woman to sit on the Supreme Court, has died, the court announced Friday morning. O’Connor inspired generations of female lawyers – including the five women who served after her nomination on the high court. O’Connor stepped down from the court in 2006 to care for her husband who was ailing from Alzheimer’s disease. Key vote on abortion, affirmative action, Bush v. GoreDuring her tenure, the court for a time was known informally as the “O’Connor Court” because she served as the deciding vote in so many controversial cases. O’Connor was well aware of the symbolism of her place in history as the first female justice.
Persons: Sandra Day O’Connor, O’Connor, John Roberts, , Ronald Reagan, Ruth Bader Ginsburg, George W, Bush, Samuel Alito, William Rehnquist, John O’Connor, , ” O’Connor, James Forman, ’ ” Forman, Gore, Casey, Donald Trump’s, O’Conner, Marci Hamilton, ” Hamilton, Alito, Roe, Wade Organizations: CNN, , Stanford University, Stanford Law School, Maricopa County Superior Court, of Appeals, University of Michigan, Supreme Court, Republican Locations: Arizona, Maricopa County
CNN —Idaho asked the Supreme Court on Monday to allow its state abortion ban that imposes penalties on doctors who perform abortions to take full effect despite federal requirements for emergency room doctors. But a district court blocked the law in hospital emergency rooms that receive Medicare funding, holding that the state law interferes with a federal Medicare statute. The United States sued, claiming that a provision of a federal Medicare statue – the Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho’s law in emergency rooms. The federal law requires hospitals to provide stabilizing care to emergency room patients regardless of their ability to pay. Now the state, represented by a conservative legal group that opposes abortion, is asking the Supreme Court to step in on an emergency basis to put the district court ruling on hold while appeals play out.
Persons: , preempts, Lynn Winmill, , Dobbs, Erin Hawley, Alliance Defending Freedom, EMTALA Organizations: CNN, Idaho, Idaho’s Defense, United, Labor, Court, of, Alliance Defending Locations: Idaho, United States, of Idaho, Idaho’s, , Texas
CNN —The Florida law that limits drag shows in the state will remain blocked, the Supreme Court said Thursday, dealing a blow to a key initiative championed by Republican Gov. Florida had asked the high court to narrow a lower court’s injunction that stopped the law from being enforced statewide. The 11th US Circuit Court of Appeals declined Florida’s emergency application for a stay of the district court’s injunction, triggering the state’s ask to the Supreme Court for relief. Since the district court temporarily blocked enforcement of the law, the restaurant has returned to normal operations. The challenge to the law continues at lower courts, and Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, cautioned against drawing broader implications from Thursday’s order.
Persons: Ron DeSantis, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Ashley Moody, , , ” Moody, Moody, Hamburger, Hamburger Mary’s, Steve Vladeck, Kavanaugh, Barrett, ” Vladeck, Organizations: CNN, Republican Gov, Conservative, University of Texas School of Law Locations: Florida, Ron DeSantis . Florida, , Orlando, “ Florida
CNN —Alabama has scheduled the nation’s first execution by nitrogen hypoxia, an alternative to lethal injection, its Republican governor said. He asked the state to be put to death by nitrogen gas rather than lethal injection after what he called a botched execution. Smith’s execution now is set to take place between January 25 and 26, according to a news release from Gov. The court’s action came after the justices divided 6-3 earlier in the term to allow Smith’s execution to go forward by lethal injection. Smith’s case was tried by a jury twice, Alabama Attorney General Steve Marshall has noted, both of which resulted in convictions.
Persons: Kenneth Eugene Smith’s, Kay Ivey, nodded, , Steve Marshall, Patrick Semansky, Smith, , Elizabeth Dorlene Sennett, Sennett’s, Smith’s, CNN’s Jamiel Lynch, Ariane De Vogue, Dakin Andone Organizations: CNN, Alabama, Republican, Gov, Court Locations: Alabama, Washington
CNN —The Supreme Court seemed poised Tuesday after oral arguments to rule in favor of a federal law that bars individuals subject to certain domestic violence restraining orders from possessing firearms. Barrett noted that domestic violence is “dangerous.” But looking to the next case she asked about “more marginal cases” that might not offend the constitution. Thomas referred to the “thin record” in the case and wondered about the fact that the domestic violence allegations had been made in a civil – not a criminal – proceeding. Due process was central to a friend of the court brief filed by the NRA in the case. “I’m just trying to understand how the Bruen test works in a situation in which there is at least some evidence that domestic violence was not considered to be subject to the kinds of regulation that it is today,” she said.
Persons: Elizabeth Prelogar, , John Roberts, Zackey Rahimi, Prelogar, Clarence Thomas, Thomas, ” Roberts, Roberts, , , Amy Coney Barrett Long, Amy Coney Barrett, Barrett, ” Barrett, Alito, Rahimi, Samuel Alito, J, Matthew Wright —, Neil Gorsuch, hadn’t, Ketanji Brown Jackson, “ I’m, Jackson, White, Elena Kagan, ” Kagan Organizations: CNN, New York, Inc, ACLU, National Rifle Association, NRA Locations: Maine, Wisconsin, Bruen
CNN —Zackey Rahimi, the Texas criminal defendant challenging a federal gun law before the Supreme Court on Tuesday, said this summer that he no longer wanted to own firearms and expressed remorse for his actions that got him in trouble with the law. Rahimi, a drug dealer, was issued a restraining order in 2020 after a violent altercation with his girlfriend in Arlington, Texas. A federal grand jury indicted him, and Rahimi moved to dismiss the indictment, arguing that the law was unconstitutional. He lost his court effort, but then the Supreme Court issued the landmark Second Amendment decision. The Supreme Court will now hear the government’s appeal Tuesday.
Persons: Zackey Rahimi, , ” Rahimi, we’ve, Rahimi, I’ve, , CNN’s, Vogue Organizations: CNN Locations: Texas, Fort Worth, Arlington , Texas
On the heels of that decision, a federal appeals court invalidated a federal law that bars an individual who is subject to a domestic violence restraining order from possessing a firearm. A three-judge district court panel struck down the plan in January, saying that race had been the predominant motivating factor. Three years ago, the Supreme Court limited the independence of the CFPB by invalidating its leadership structure. The court’s decision could impact whether the SEC and other agencies can conduct enforcement proceedings in-house, using administrative courts staffed with agency employees, or whether such actions must be brought in federal court. “It’s difficult to think of any other recent First Amendment cases in which the stakes were so high,” Jaffer added.
Persons: Clarence Thomas, , Biden, Zackey Rahimi, John Roberts, Taiwan Scott, Thomas, Elizabeth Prelogar, Magnuson, Paul Clement, ” Clement, , pare, George Jarkesy, Sackler, ” Prelogar, Jameel Jaffer, Jaffer Organizations: CNN, Gun Safety, South Carolina’s Republican, South Carolina State Conference of, NAACP, Democrat, Republican, National Marine Fisheries Service, Chevron, Natural Resources Defense, Stevens Fishery Conservation, Management, Independent, Consumer Financial, Federal Reserve, US, Federal Deposit Insurance Corporation, Securities, Exchange, US Securities and Exchange Commission, SEC, Social Security Administration, Circuit, Historic Purdue Pharma, Purdue Pharma, Sackler, Purdue, Facebook, YouTube, Columbia University’s Locations: United States, South Carolina, Alabama, Taiwan, Charleston County, Chevron, Florida, Texas
CNN —The Supreme Court returns to Washington to face a new term and the fresh reality that critics increasingly view the court as a political body. Earlier this year, Roberts declined an invitation to appear before the Democratic-led Senate Judiciary Committee to discuss Supreme Court ethics, citing separation of powers concerns. Even if he did believe a formal ethics code is necessary, it’s unclear whether he would need a unanimous vote to move forward. Instead, they say, critics of the court are manufacturing a controversy to delegitimize the institution and staunch the flow of conservative opinions. Last week, she told an audience in Indiana that she thought it would be a “good” idea if the court were to adapt the ethics code used by lower court justices to fit the Supreme Court.
Persons: Donald Trump’s, Roe, Wade, John Roberts, Roberts, Joe Biden’s, , Justice Elena Kagan, Sonia Sotomayor, Ketanji Brown Jackson, , ” Kagan, Clarence Thomas, Samuel Alito, ” Cate Stetson, Hogan Lovells, Dick Durbin, Durbin, recuses, Carrie Severino, Alito, forthrightly, ” Alito, “ I’ve, Elena Kagan, Amy Coney Barrett, Brett Kavanaugh Organizations: CNN, Democratic, Conservative, Cato Institute, Democrat, Judicial, Crisis Network Locations: Washington, Congress, Indiana, Lake Geneva , Wisconsin, Ohio
Washington CNN —Justice Clarence Thomas attended a private dinner in 2018 during a winter donor summit of the Koch network, the political organization founded by libertarian billionaires Charles and David Koch, ProPublica reported Friday. Thomas attended Koch donor events at least twice over the years, according to interviews with three former Koch network employees and one major donor conducted by ProPublica. Thomas arrived for the 2018 dinner on a Gulfstream G200 jet, although a Koch network spokesperson told the outlet that the network did not pay for the private jet and it was not disclosed on his financial disclosure forms for that year. A spokesperson for the Koch network told ProPublica that Thomas wasn’t present for fundraising conversations. CNN has reached out to the Supreme Court for comment.
Persons: Clarence Thomas, Koch, Charles, David Koch, ProPublica, Thomas, , Thomas ’, Thomas wasn’t, ” Thomas, Loper, Raimondo, Critics, Clarence Thomas ’, Charles Koch, Harlan Crow, Lisa Graves, Crow Organizations: Washington CNN —, Koch, ProPublica, Gulfstream G200, CNN, Loper Bright Enterprises, Inc, Conservatives, Chevron, Natural Resources Defense, True, Research, GOP Locations: Congress, Washington
CNN —Justice Clarence Thomas disclosed Thursday that Republican megadonor Harlan Crow paid for private jet trips for Thomas in 2022 to attend a speech in Texas and a vacation at Crow’s luxurious New York estate, as ethics questions continue to rock the Supreme Court. Thomas made the disclosures after receiving an extension to file the yearly reports that were originally due in May 2023. In a statement after the ProPublica report, Thomas acknowledged the friendship but stressed that Crow did not have business before the court. In addition, he said that he should have disclosed a 2014 private real estate deal between Crow, Thomas and members of Thomas’ family. According to the disclosure, Thomas flew down to be the keynote speaker of the event in February, but returned via private jet “due to an unexpected ice storm.”The talk was rescheduled in May and Thomas rode round trip on Crow’s plane.
Persons: Clarence Thomas, Harlan Crow, Thomas, Dobbs, Roe, Wade, , Crow, Samuel Alito, ProPublica, Thomas ’, ” Thomas, Virginia Thomas, Leola Williams, Williams, VII, , Elliot S, Berke, Thomas “, , Sen, Sheldon Whitehouse, Chip Somodevilla, Elena Kagan, Alito, ” Alito, Gabe Roth, he’s, ” Roth, Rome Alito, Duke Organizations: CNN, Republican, Judicial Conference, Old Parkland Conference, Hoover Institution, Manhattan Institute, American Enterprise Institute, Black Americans, Crow Holdings, Democrats, Supreme, Capitol, Rhode Island, Wall Street, Notre Dame, School’s, Liberty Initiative, Religious Liberty Summit, Regent University School of Law, Duke Law School Locations: Texas, New York, Georgia, Savannah , Georgia, Washington ,, Rome
CNN —The Supreme Court on Tuesday agreed to freeze a lower court order that bars the government from regulating so-called ghost guns – untraceable homemade weapons – as firearms under federal law. Ghost guns are kits that a user can buy online to assemble a fully functional firearm. The rule does not prohibit the sale or possession of any ghost gun kit, nor does it block an individual from purchasing such a kit. A federal appeals court declined to put on hold two key challenged provisions of the regulation. A handful of retailers of ghost gun kits as well as a gun rights’ group also challenged the rule.
Persons: Biden, John Roberts, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Judge Reed O’Connor, Elizabeth Prelogar, ” Prelogar, ” David Thompson, O’Connor, ” O’Connor Organizations: CNN, Alcohol, Tobacco, Firearms, Explosives, United States, Court, Northern, Northern District of, Supreme, ” “, ATF, Control Locations: Northern District, Northern District of Texas, Texas
In his opinion blocking the student debt program, Roberts insisted he is concerned about criticisms of the court. “Make no mistake: Supreme Court ethics reform must happen whether the Court participates in the process or not,” he warned. In June, the court sided with a cement mixing company that sought to bypass federal labor law and sue a union in state court for the destruction of property caused by striking workers. On Tuesday, when Roberts announced the court’s opinion in Moore v. Harper, liberals and even some conservatives exhaled, relieved that the court was rejecting a controversial Trump-backed election law theory. “Justice Jackson has a different view,” he said at one point.
Persons: John Roberts, Roe, Wade, ” Roberts, Roberts, Samuel Alito, Clarence Thomas, he’d, Joe Biden’s, Roberts –, , It’s, Donald Trump’s, , Gorsuch, Neil Gorsuch, Bostock, Lorie Smith, ” Alito, Alito, Dobbs, Jackson, Brett Kavanaugh’s, hadn’t, Paul Singer, Singer, ProPublica, “ we’d, , ” ProPublica, Thomas, Dick Durbin, Elena Kagan, KBJ, Ketanji Brown Jackson, Dr, Adam Feldman, ” Feldman, Sonia Sotomayor, Kagan, Barrett, Thomas couldn’t, ” Jenny Hunter, ” Jackson, , Harper, exhaled, Barack Obama, Rick Hasen –, Hasen, Moore, Thomas Long, Kevin Merida, Michael Fletcher, “ Justice Jackson, Thomas ’ “, ” Thomas Organizations: CNN, Civil, Creative, Politico, Wall Street Journal, Street, GOP, Illinois Democrat, pounced, University of North, National Labor Relations, Independent, Trump, Federal, , UNC Locations: Colorado, Washington , DC, United States, , Rome, Illinois, American, Moore, North Carolina
But under a Colorado public accommodations law, she said she cannot post the statement because the state considers it illegal. The ruling – rooted in free speech grounds – will pierce state public accommodation laws for those businesses who sell so-called “expressive” goods. It is the latest victory for religious conservatives at the high court and will alarm critics who fear the current court is setting its sights on overturning the 2015 marriage case. When the Supreme Court agreed to hear the case in February 2022, the justices sidestepped whether the law violated Smith’s free exercise of religion. In court, Waggoner said that the law works to compel speech in violation of the First Amendment.
Persons: Justice Neil Gorsuch, John Roberts, Samuel Alito, Amy Coney Barrett, Brett Kavanaugh, Clarence Thomas, Justice Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Lorie Smith, Gorsuch, , Smith’s, ” Gorsuch, Sotomayor, , , Kristen Waggoner, Matthew Shepard, ” Sotomayor, Bostock, Trump, Kelley Robinson, Ritchie Torres, ” Torres, Waggoner, Smith, Smith –, , ” Smith, ” Waggoner, Eric Olson Organizations: CNN, Chief, U.S, Supreme, Pride Month, Civil, American Civil Liberties Union, , Democratic, Twitter, Appeals Locations: Colorado, United States, Clayton County
“The Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. We have never permitted admissions programs to work in that way, and we will not do so today,” Roberts wrote. During oral arguments, Solicitor General Elizabeth Prelogar stressed the unique interests of the military and argued that race-based admissions programs further the nation’s compelling interest of diversity. Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, said the decision will still not end the legal fight over college admissions. The Supreme Court stepped in to consider the case before it was heard by a federal appeals court.
Persons: John Roberts, , ” Roberts, Clarence Thomas, , ” Thomas, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, ” Sotomayor, Sotomayor, Martin Luther King, Jackson, “ ‘, Roberts, Elizabeth Prelogar, ” Jackson, Kevin McCarthy, Republican Sen, Ted Cruz, Donald Trump, ” Trump, Mike Pence, ” Pence, Chuck Schumer, Laura Coates, Steve Vladeck, ” Vladeck, ” Long, SSFA, Loretta C, Biggs, ” Biggs, SFFA, Cameron T, Norris, Harvard “, Prelogar, Lewis F, Powell Jr Organizations: CNN, Harvard, University of North, UNC, Supreme, GOP, Republican, America, Truth, New York Democrat, University of Texas School of Law, Asian, Fair, Court, Middle, Middle District of, University, US, University of California, Bakke Locations: University of North Carolina, Independence, United States, Lower, Middle District, Middle District of North Carolina
The North Carolina controversy arose after the state Supreme Court struck down the state’s 2022 congressional map as an illegal partisan gerrymander, replacing it with court drawn maps that favored Democrats. Reggie Weaver, at podium, speaks outside the Legislative Building in Raleigh, North Carolina, Feb. 15, 2022, about a partisan gerrymandering ruling by the North Carolina Supreme Court. Gary D. Robertson/APAfter the state high court ruled, North Carolina Republican lawmakers appealed the decision to the US Supreme Court, arguing that the state Supreme Court had exceeded its authority. After the last election, the North Carolina Supreme Court flipped its majority to Republican. With the US Supreme Court rejecting the lawmakers’ theory that state courts could not police federal election rules, lawyers for the legislature’s opponents celebrated Tuesday’s ruling.
Persons: Donald Trump, John Roberts, ” Roberts, Roberts, , , Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Barack Obama, ” Obama, Reggie Weaver, Gary D, Robertson, Tuesday’s, Neal Katyal, Today’s, court’s, Clarence Thomas, Neil Gorsuch, Samuel Alito, ” Thomas, Gorsuch, Thomas, , Jessica Ring Amunson, Sam Hirsch, Jenner, Hilary Harris Klein – Organizations: CNN, North Carolina, Independent, Chief, Federal, North Carolina Supreme, AP, North, North Carolina Republican, Supreme, North Carolina Supreme Court, Republican, US, Block, Southern Coalition for Social Justice Locations: North Carolina, Federal, Raleigh , North Carolina,
CNN —A federal appeals court judge previously on short lists for the Supreme Court is taking the rare step to broadly and publicly reject allegations that Justice Clarence Thomas has been improperly influenced by lavish gifts provided by a conservative billionaire, dismissing “pot shots” at the Supreme Court in general. Thapar this past week released a new book about Thomas entitled “The People’s Justice,” in which he explores the justice’s favored judicial philosophy of originalism. “You can judge their works, and what they do, against what they’ve done in the past,” Thapar told CNN. Ethics and financial disclosuresThapar rejects suggestions that Thomas should have disclosed the hospitality provided by Crow on annual financial disclosure forms. They have called Justice Thomas ‘the cruelest justice,’ ‘stupid,’ and even an ‘Uncle Tom’ a traitor to his race,” Thapar writes.
Persons: Clarence Thomas, Amul Thapar, Thapar, Thomas, originalism, Thomas ’, Thomas ’ originalism, Donald Trump, Mitch McConnell, Harlan Crow’s, ” Thapar, Ginni, Crow, ” Virginia Canter, ” “, ” Canter, hadn’t, , , , Thomas’s, Thomas ‘, , Tom ’, Elizabeth Wydra, ” Wydra Organizations: CNN, Eastern, Eastern District of, ProPublica, Citizens, Crow, Administrative, Center Locations: Cincinnati, Eastern District, Eastern District of Kentucky, Washington
CNN —The Supreme Court on Thursday ordered Alabama officials to redraw the state’s congressional map to allow an additional Black majority district to account for the fact that the state is 27% Black. The federal court ordered the creation of another majority Black district to be drawn. He said it would be impossible to draw a second majority Black district in the state without taking race into consideration. Instead, she wrote, the state plan “divides the Black voters within this well-established community of interest across several districts, and as a result, Black Alabamians have no chance to elect their preferred candidates outside of” the one Black majority district. “Black voters are significantly numerous and compact to form a majority in a reasonably configured district, as the district court specifically found,” she said.
Persons: John Roberts, Brett Kavanaugh, ” Roberts, Roberts, , Terri Sewell, , ” Sewell, General Merrick Garland, , Democrats –, Steve Vladeck, ” Vladeck, Sen, John Thune, ” Thune, Samuel Alito, Neil Gorsuch, Clarence Thomas, Gorsuch, ” Thomas, Alito, Amy Coney Barrett, ” Thomas ’, Edmund LaCour Jr, Alabama’s, LaCour, NAACP –, Abha Khanna, Khanna, ” Khanna, Alabamians, Biden, dilutions, Elizabeth Prelogar Organizations: CNN, Alabama, Republicans, Democratic, , Central, Supreme, Trump, Democrats, University of Texas School of Law, Representatives, Republican, Judiciary, Black, , NAACP Locations: Alabama, United States, Black, Louisiana, Mobile , Montgomery,
Washington CNN —Democrats on the Senate Judiciary Committee have asked Harlan Crow, the GOP megadonor and friend of Clarence Thomas whose gifts to the Supreme Court justice have prompted fresh criticism about the ethical standards of the nation’s highest court, for more information about the expenditures. The letters also state that the recent revelations come amid a lack of American confidence in the Supreme Court, pointing to recent polling. Thomas had not financially disclosed the hospitality from or the deal with the Texas billionaire. Democrats have vowed to keep investigating the ethics of the nation’s highest court, and Chief Justice John Roberts declined an invitation to testify at a hearing on Supreme Court ethics. Speaking to CNN’s Jake Tapper on Sunday, Senate Judiciary Chairman Dick Durbin said “everything is on the table” as the panel scrutinizes new ethics concerns around Thomas.
Washington CNN —The Supreme Court agreed Monday to reconsider long held precedent and decide whether to significantly scale back on the power of federal agencies in a case that can impact everything from how the government addresses everything from climate change to public health to immigration. Conservative justices have long sought to rein in regulatory authority, arguing that Washington has too much control over American businesses and individual lives. The justices have been incrementally diminishing federal power but the new case would allow them to take a much broader stride. Clement argued that the agency exceeded its authority and needed direct and clear congressional authorization to make the demand. The regulation was put in place to combat overfishing of the fisheries off the coasts of the US.
Supreme Court protects access to abortion pill
  + stars: | 2023-04-21 | by ( Ariane De Vogue | ) edition.cnn.com   time to read: +7 min
CNN —The Supreme Court on Friday protected access to a widely used abortion drug by freezing lower-court rulings that placed restrictions on its usage. How the dispute over medication abortion is ultimately resolved could make it more difficult for women to obtain abortion, even in the states that still allow it. At issue is the scope of FDA’s authority to regulate mifepristone, a drug that the medical community has deemed safe and effective. The next step in the litigation will be a hearing in front of a New Orleans-based federal appeals court on May 17. The appeals court ultimately let stand the government’s approval of the drug, but agreed with Kacsmaryk that access could be limited.
CNN —The Supreme Court held Friday that a party involved in a dispute with the Federal Trade Commission or the Securities and Exchange Commission does not have to wait until a final determination in the proceeding has been issued before bringing a constitutional challenge to the agency’s structure in federal court. The court’s decision means that targets of investigative actions do not have to wait long periods of time before lodging constitutional challenges to the proceedings that could ultimately weaken the agency. Although the court’s opinion could weaken the power of federal agencies, liberal justices likely signed onto the opinion because it will only apply to a small subset of cases. “The question presented is whether the district courts have jurisdiction to hear those suits — and so to resolve the parties’ constitutional challenges to the Commission’ structure,” Kagan wrote. The ordinary statutory review scheme does not preclude a district court from entertaining these extraordinary claims.”
CNN —Supreme Court Justice Samuel Alito on Friday extended a hold on a lower court ruling that would have imposed restrictions on access to an abortion drug, a temporary move meant to give the justices more time to consider the issue. The case is the most important abortion-related dispute to reach the high court since the justices overturned Roe v. Wade last term. Alito issued a so-called administrative stay on the ruling while the high court considers an emergency appeal filed by the Biden administration and a manufacturer of the drug, mifepristone. Alito issued the order because he has jurisdiction over the federal appeals court involved in the case. Prelogar, the solicitor general, argued in her filing to the Supreme Court that the FDA’s expert judgment should not be challenged.
CNN —As the Supreme Court prepares for yet another controversial abortion case to come its way, the justices will pore over District Court Judge Matthew Kacsmaryk’s ruling last week to block the government’s approval of the key medication abortion drug at issue. “There are serious questions on whether the Supreme Court is willing to endorse the district’s court’s very broad approach to those questions,” he said. As he often does, Supreme Court Justice Brett Kavanaugh wrote separately last June to explain his thinking in voting to overturn Roe v. Wade. The Supreme Court might also take issue with the relief that Kacsmaryk ordered. None other than the liberals on the Supreme Court who dissented in Dobbs.
Washington CNN —The Department of Justice is advising a federal judge in Mississippi that he does not need to hire a historian to determine whether a contested gun law complies with the Supreme Court’s most recent Second Amendment opinion. “The court is not a trained historian,” Reeves wrote. It outraged supporters of gun restrictions and was welcomed by those who support gun rights. In the new filing, the Biden administration defended a federal statute barring felons from possessing firearms and urged the court not to hire an historian, arguing that the government should win the case without such an intervention. “Our legal tradition rests in large part on the responsibility of the parties to present materials necessary to support their legal positions,” a government lawyer said in the new brief.
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