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☆ A 15-year-old law review by Brett Kavanaugh offers a clue at how the Supreme Court Justice could rule in Trump's immunity case
▼ + stars: | 2024-04-29 | by ( Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +6 min

Many in the political world are waiting with bated breath as the Supreme Court considers arguments over whether Donald Trump is immune from criminal prosecution for his behavior while in office. Depending on how the high court rules, some of Trump's most serious legal troubles could melt away instantly. But one clue, hidden in a 2009 legal review written by Trump-appointed Justice Brett Kavanaugh, could indicate how the conservative judge may decide in this case. One might contend that the country needs a check against a bad-behaving or law-breaking president, Kavanaugh acknowledges, but "the Constitution already provides that check." AdvertisementRepresentatives for the Supreme Court did not immediately respond to a request for comment from Business Insider.

Persons: Donald Trump, Trump, Brett Kavanaugh, Kavanaugh, didn't, Jonathan Entin, Ruth Bader Ginsburg, Entin, SCOTUS Organizations: Service, Republican, US, Case Western Reserve University, Supreme, DC Circuit, Department of Justice, Democratic, Trump, Business Locations: Minnesota

☆ 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

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

☆ 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

☆ 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

☆ Donald Trump again is trying to bend the Supreme Court to his will
▼ + stars: | 2024-04-24 | by ( Joan Biskupic | ) edition.cnn.com time to read: +11 min

CNN —When he was president, Donald Trump tried to make the Supreme Court his own. In a video earlier this month, Trump announced his campaign position on abortion, including his personal thanks – one-by-one – to the Supreme Court justices who had voted against the 1973 Roe v. Wade milestone. Lower court judges ruled against Trump, saying whatever immunity he might have enjoyed as president ended when he left office. Beyond the substance of cases, Roberts and Trump clashed memorably when Trump in 2018 disparaged a US trial judge in partisan terms. At the Supreme Court, lawyer John Sauer will represent Trump, as he did before the DC Circuit.

Persons: Donald Trump, Roe, Wade, Trump, Jack Smith, Joe Biden, “, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, –, ’, Clarence Thomas, Virginia “ Ginni ” Thomas, Thomas, ”, ” Smith, Nixon’s, Ford’s, ” Trump, Juan Merchan, John Roberts, Roberts, Vance, Smith, Obama, it’s, ” Roberts, Bush, Clinton, Madison, Richard Nixon, Nixon, Fitzgerald, Marbury, John Sauer, Trump’s, Michael Dreeben, Dreeben Organizations: CNN, Supreme, Trump, Social, Democratic, DOJ, US Justice Department, Jackson, Health Organization, recusal, DC US, Trump rejoined, Madison, DC Circuit, Department of Justice Locations: America, Dobbs v, Washington, New York, Colorado, Florida, United States, Manhattan, Marbury, Marbury v, Fitzgerald, “

☆ Your questions about Trump’s immunity claim at the Supreme Court, answered
▼ + stars: | 2024-04-24 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +14 min

The US Supreme Court, after refusing to hear the claim on an expedited basis, took up the case after a lower court tore Trump’s immunity claim to shreds. We asked for your questions about the immunity claim, some of which I’ve tried to answer below with help from CNN’s reporting and Supreme Court reporters. When Smith asked justices to expedite the case and consider Trump’s immunity claim before an appeals court, they declined. If Trump’s immunity claim is upheld by the Supreme Court, what can anybody or any government body do to challenge the decision? MichaelThe Supreme Court is the final word on legal matters, so there is no higher authority to overrule its decision.

Persons: Donald Trump, Trump, I’ve, Chris, CNN’s, Joan Biskupic, Jack Smith, Donald Trump’s, Biden, Here’s, Thomas, Jan, Greg, Clarence Thomas, John Eastman, Gilbert None, Trump – Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett –, he’ll, Randall, Smith, it’s, Shouldn’t, Gore, John, Devan Cole, ” Cole, Cole, Juan Here’s Biskupic’s, Nixon, Fitzgerald, Richard Nixon, ”, It’s, acquit, ’, Curt Trump’s, George Washington’s, Nixon’s, Gerald Ford, Ford, Michael, Charles, SCOTUS, Sheryl, Massachusetts Nobody, convicting, Joe, Johnson Organizations: CNN, US, Trump, DC, DC Circuit, Supreme, Iowa Trump, White, House, Department Locations: Iowa, Arizona, Bush, California, Colorado, Brady, United States, New Jersey, New York, Georgia, The, York, Washington , DC, Massachusetts, Mississippi

☆ 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

CNN —Special counsel Jack Smith urged the Supreme Court on Monday to reject Donald Trump’s claims of sweeping immunity and to deny the former president any opportunity to delay a trial on charges that he attempted to subvert the results of the 2020 election. Trump’s position, Smith told the court, has no grounding in the Constitution, the nation’s history or Americans’ understanding that presidents are not above the law. Even if the Supreme Court finds that former presidents are entitled to some form of immunity, Smith asserted, at least some of Trump’s actions were private conduct – far removed from “official acts” – and could be prosecuted. The Supreme Court will hear arguments April 25, and a decision is expected by July. Instead, he said that if the Supreme Court finds that former presidents are entitled to some immunity, a trial could get underway focused on Trump’s private actions.

Persons: Jack Smith, Donald Trump’s, Smith, ” –, ” Smith, Trump’s, doesn’t, ” Trump, “, ”, Trump, – Organizations: CNN, Court, Trump, Supreme, DC Locations: “, ”

☆ Opinion: Why the hush money trial judge was right
▼ + stars: | 2024-04-05 | by ( Opinion David Orentlicher | ) edition.cnn.com time to read: +8 min

David Orentlicher R. Marsh Starks/UNLV Creative ServicesAccording to the judge, Trump waited too long to raise his claim of immunity. Trump filed his claim for immunity on March 7, less than three weeks before the scheduled trial date at the time. When he tried last May to move his trial to federal court, his legal filings referred to his belief that he was entitled to immunity from prosecution. Even if Trump had filed his motion in September, his immunity claim faced other serious hurdles. The Framers were not restricting criminal prosecution of former presidents to those who had been impeached and convicted.

Persons: David Orentlicher, Jack, Lulu Lehman, William S, Juan Merchan, Donald Trump’s, David Orentlicher R, Marsh Starks, Trump, Merchan, ” Trump, can’t, Rather, —, Stormy Daniels, Nixon, Richard Nixon’s audiotapes, Jones, Bill Clinton, Vance, Cyrus Vance Jr, ”, “, Department of Justice —, disqualifying, Anderson, I’ve, Trump’s Organizations: Boyd School of Law, University of Nevada, Democrat, Nevada Assembly, CNN, UNLV, Appeals, DC Circuit, Senate, Trump, Trump ., New York District, Department of Justice, president’s Department, Justice Locations: Las Vegas, Nevada, New York, States, Clinton, Trump

☆ Peter Navarro asks Supreme Court to let him avoid reporting to prison next week
▼ + stars: | 2024-03-15 | by ( Devan Cole | John Fritze | ) edition.cnn.com time to read: +2 min

Washington CNN —Former Trump adviser Peter Navarro is asking the Supreme Court to let him avoid reporting to a federal prison next week to begin serving a four-month sentence for his contempt of Congress conviction. In an emergency request filed Friday afternoon, Navarro asked the court to let him remain free while he challenges the conviction before the federal appeals court in Washington, DC. Navarro has been ordered to report to a federal prison in Miami by March 19. “Navarro is indisputably neither a flight risk nor a danger to public safety should he be release pending appeal,” the attorneys said. On Thursday, the DC Circuit Court of Appeals unanimously rejected Navarro’s bid, saying he hadn’t sufficiently demonstrated why he should remain free while his appeal of the conviction plays out.

Persons: Peter Navarro, Navarro, “ Navarro, “, Navarro’s, hadn’t, ” Navarro, Amit P, Mehta, Steve Bannon, Bannon, Trump Organizations: Washington CNN —, Trump, DC, US, Appeals Locations: Washington , DC, Miami

☆ Appeals court denies Peter Navarro’s bid to avoid reporting to prison next week
▼ + stars: | 2024-03-14 | by ( Devan Cole | ) edition.cnn.com time to read: +2 min

CNN —A federal appeals court on Thursday denied ex-Donald Trump adviser Peter Navarro’s bid to avoid reporting to a federal prison next week to begin serving a four-month sentence for his contempt of Congress conviction. The unanimous decision from the DC Circuit Court of Appeals means Navarro will have to report to a federal prison in Miami by March 19. Trump promotes Navarro’s bookTrump was promoting Navarro’s book in recent days and backing his effort to avoid jail time. “Peter Navarro had strong views on Protecting our Economy against the assault from Foreign Countries all over the World. Peter Navarro is a Patriot who has been treated very badly, but he continues forward.

Persons: Donald Trump, Peter Navarro’s, Navarro, Patricia Millett, Cornelia Pillard, Robert Wilkins, Navarro hadn’t, “, ” Navarro, Navarro “, ”, Trump, “ Peter Navarro, ‘, Peter, Peter Navarro, ” Trump, CNN’s Kate Sullivan Organizations: CNN, DC, Capitol, Foreign, U.S, Patriot Locations: Miami

☆ Peter Navarro ordered to report to prison by March 19
▼ + stars: | 2024-03-11 | by ( Devan Cole | ) edition.cnn.com time to read: +2 min

CNN —Ex-Trump adviser Peter Navarro must report to a federal prison in Miami by March 19 to begin serving a four-month sentence for his contempt of Congress conviction, his attorneys said on Sunday. Navarro has now been ordered to report to the custody of the Bureau of Prisons, FCI Miami, on or before 2:00PM EDT on March 19, 2024,” Navarro’s attorneys said in a court filing, referring to a low-security prison in Florida. Navarro was sentenced earlier this year to four months in prison after being convicted of two contempt of Congress counts. He’s been trying to avoid reporting to prison while his appeal of the conviction plays out, but his efforts have so far failed. US District Judge Amit P. Mehta ordered him last month to report to prison after denying his bid to stay free, and the federal appeals court in Washington, DC, is now considering a similar request.

Persons: CNN —, Peter Navarro, “ Dr, Navarro, ”, He’s, Amit P, Mehta, Dr, Navarro’s, ’ Organizations: CNN, of Prisons, FCI Miami, DC, Justice Department, Capitol Locations: Miami, Florida, Washington , DC

☆ Federal appeals court throws out lawsuit against Apple, Google, Tesla and other tech giants over alleged child labor in Congo
▼ + stars: | 2024-03-05 | by ( Devan Cole | ) edition.cnn.com time to read: +2 min

CNN —A federal appeals court on Tuesday threw out a lawsuit that sought to hold Apple, Google, Tesla and other major tech companies liable for their alleged use of child labor to mine cobalt in the Democratic Republic of Congo. “The plaintiffs have not adequately alleged the Tech Companies participated in a venture because there is no shared enterprise between the Companies and the suppliers who facilitate forced labor,” Rao wrote. “The Tech Companies own no interest in their suppliers. A federal judge in DC had previously thrown the case out. The defendants in the case were Apple, Alphabet (which owns Google), Dell Technologies, Microsoft and Tesla.

Persons: Neomi Rao, “, ” Rao, Rao, Michelle Toh Organizations: CNN, Apple, Google, Democratic, DC Circuit, Appeals, “, Tech Companies, Companies, DC, Dell Technologies, Microsoft, International Rights Locations: Democratic Republic of Congo, Congo

☆ How the Supreme Court’s decision on Trump’s immunity could turn on a single question
▼ + stars: | 2024-02-29 | by ( John Fritze | Tierney Sneed | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court will likely produce thousands of words when it decides this year whether former President Donald Trump may claim immunity from special counsel Jack Smith’s election subversion charges. Every time the Supreme Court grants an appeal it settles on a specific legal question to resolve. In the immunity matter, the court didn’t embrace Trump’s framing – nor the question Smith posed when he sought review on the same issue in December. “The question implicitly rejects Trump’s position of absolute immunity because of that language ‘whether…and to what extent,’” Eisen said. By taking the appeal, the Supreme Court has effectively pushed back the start of a trial in the federal election subversion case by weeks, at least.

Persons: Donald Trump, Jack Smith’s, ”, Norm Eisen, Obama, Trump, Smith, ” Eisen, “, there’s, Andrew McCabe, –, Ty Cobb, Trump’s, Mark Meadows, William Pryor, George W, Bush, ” Pryor, Meadows’s, Sri Srinivasan, Barack Obama Organizations: CNN, Trump, Court, Senate, Trump White, DC Locations: –, Georgia

☆ Trump uses the slow legal system to his advantage. The Supreme Court is helping
▼ + stars: | 2024-02-28 | by ( Joan Biskupic | ) edition.cnn.com time to read: +8 min

The justices’ intervention in the case, Trump v. United States, also marks another milestone in the fraught relationship between the court and the former president. And in fighting special counsel Jack Smith’s case, the Supreme Court has become an ally of sorts, despite the expedited schedule. That Supreme Court ruling was expected to come soon. First Trump trial is in less than a monthFor now it appears that Trump’s first criminal trial will be in New York on March 25. Posted Trump, “Do you get the impression that the Supreme Court doesn’t like me?”But that’s not today.

Persons: Donald Trump’s, Trump, Jack Smith’s, hewed, ’ Trump, Smith, ”, Tanya Chutkan, Smith’s, Trump’s, Attorney Alvin Bragg, Stormy Daniels Organizations: CNN, Trump, ., DC Circuit, Capitol, US, DC, Circuit, Appeals, Trump v ., “, Colorado Supreme, Manhattan, Attorney Locations: . United States, Washington ,, ‘, Trump v, Trump v . United States, Colorado, New York, Florida, Fort Pierce

☆ Supreme Court to decide Trump immunity claim, further delaying election subversion trial
▼ + stars: | 2024-02-28 | by ( John Fritze | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court agreed Wednesday to decide whether Donald Trump may claim immunity in special counsel Jack Smith’s election subversion case, adding another explosive appeal from the former president to its docket and further delaying his federal trial. The high court on Wednesday ordered that a lower court ruling against Trump remain on hold until it decides the issue. As is common when granting a case, the court released only a short order and did not indicate how the justices voted. Trump had filed an emergency request at the Supreme Court on February 12 asking the justices to block a lower court ruling that he was not immune from Smith’s election subversion charges. Trump and Smith filed dueling briefs at the Supreme Court over whether the decision should be put on hold.

Persons: Donald Trump, Jack Smith’s, Trump, It’s, Smith, SCOTUS, Steve Vladeck, “, ” Vladeck, ”, Vladeck, Tanya Chutkan, Trump’s, Karen LeCraft Henderson, Florence Pan, Michelle Childs, eviscerated, Gore, George W, Bush, Al Gore, CNN’s Hannah Rabinowitz, Devan Cole Organizations: CNN, Supreme, Republican, Trump, DC Circuit, University of Texas School of Law Locations: New York, Bush

☆ Why isn’t the Supreme Court moving faster on Trump’s immunity challenge?
▼ + stars: | 2024-02-24 | by ( John Fritze | ) edition.cnn.com time to read: +8 min

CNN —When special counsel Jack Smith asked the Supreme Court to reject former President Donald Trump’s immunity claims there was an unmistakable hue of urgency to the request. It could grant Trump’s request and then hold arguments and decide the merits of the immunity issue – perhaps on an expedited basis. The Supreme Court can move quickly, at least by judicial branch standards. George Walker IV/APThe Supreme Court denied that request, allowing the appeals court to review the case first. US Supreme Court Justice Sonia Sotomayor participates in a conversation with University of California Berkeley Law Dean Erwin Chemerinsky on Monday, January 29.

Persons: Jack Smith, Donald Trump’s, Smith, Trump, ”, Steve Vladeck, Tanya Chutkan, Chutkan, ” Smith, Donald Trump, George Walker IV, Randall Eliason, “, ” Eliason, Sonia Sotomayor, Amy Coney Barrett, we’re, ” Barrett, ” Sotomayor, Barack Obama, don’t, Trump’s, Vladeck, Biden, University of California Berkeley Law Dean Erwin Chemerinsky Organizations: CNN, University of Texas School of Law, DC, Appeals, National Religious Broadcasters, Gaylord, Supreme, DC Circuit, George Washington University, National Governors Association, Trump, Democratic, Boy Scouts of America, Boy Scouts, Boy Scouts of, Department of Homeland Security, University of California Berkeley Law, Capitol Locations: Mexico, Boy Scouts of America, Texas

☆ Analysis: While eyes are on Trump, Supreme Court conservatives prepare to rewrite the rulebook
▼ + stars: | 2024-02-23 | by ( Joan Biskupic | ) edition.cnn.com time to read: +10 min

Supreme Court conservatives are accelerating their moves to overhaul the way the federal government protects Americans, whether from air pollution or unfair financial practices. The case has determined a swath of court judgments on agency policy, well beyond the environmental realms, and become one of the most cited rulings in Supreme Court history. The Corner Post is protesting a Federal Reserve rule adopted in 2011 that caps debit card fees merchants obtain with every transaction. Three Republican-led states and power industry groups turned to the high court, seeking immediate relief and asking that any implementation be barred. Kagan focused on the multiple preliminary issues that lower court judges would have typically assessed before the case reached the justices.

Persons: Donald Trump, won’t, Elena Kagan, Let’s, Trump, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Barrett, Kagan, Benjamin Snyder, Chevron, Gorsuch, ”, ” Gorsuch, John Roberts, Snyder, “, Ketanji Brown Jackson, Bryan Weir, ” Weir, Honig, Roberts, Malcolm Stewart, ” Jackson, Mathura, ” Sridharan, Jackson, Sonia Sotomayor, Catherine Stetson, it’s Organizations: CNN, Securities, Exchange Commission, Food, Chevron, Natural Resources Defense Council, Department, Federal, ”, Federal Reserve, ” Liberal, Corner Post, Liberal, DC Circuit, Republican, EPA Locations: Washington, American, North Dakota, “, Ohio

☆ Civil lawsuits seeking to hold Trump accountable for January 6 can move forward
▼ + stars: | 2024-02-16 | by ( Devan Cole | ) edition.cnn.com time to read: +4 min

CNN —Civil lawsuits seeking to hold Donald Trump accountable for the January 6, 2021, US Capitol attack can move forward after the former president declined to ask the Supreme Court to decide whether he is shielded by presidential immunity. The decision means the lawsuits will move to a fact-finding phase at the trial-level federal court in Washington, DC. The case could still eventually come before the Supreme Court. Lower courts sided with the plaintiffs as Trump sought to have the cases dismissed based on his claims of presidential immunity. The Supreme Court is still considering whether to step into Trump’s federal criminal case related to January 6.

Persons: Donald Trump, Trump, Jack Smith, “, ”, Sri Srinivasan, Smith, CNN’s Katelyn Polantz, John Fritze, Holmes Lybrand Organizations: CNN, Trump, Democratic, US Capitol Police, DC, Appeals, Capitol, DC Circuit Locations: Washington ,

☆ Trump makes final pitch to Supreme Court in fraught immunity case
▼ + stars: | 2024-02-15 | by ( John Fritze | ) edition.cnn.com time to read: +2 min

CNN —Former President Donald Trump made his final pitch Thursday to the Supreme Court in his effort to pause a trial over the election subversion charges brought by special counsel Jack Smith. “There are overwhelming reasons why the case should not go to trial ‘in three months or less,’” Trump told the Supreme Court in a 16-page filing. The Supreme Court is expected to decide on Trump’s request within a few days. On Monday, Trump asked the Supreme Court to block a unanimous decision from the DC Circuit handed down last week that rejected his claims of immunity from the election subversion charges. “Without immunity from criminal prosecution, the presidency as we know it will cease to exist,” Trump told the Supreme Court.

Persons: Donald Trump, Jack Smith, ” Trump, Smith, Trump, “, – Smith, ” Smith, ” Organizations: CNN, DC, DC Circuit, Supreme Locations: Washington ,

☆ Special counsel urges Supreme Court to deny Trump’s request for delay in immunity case
▼ + stars: | 2024-02-14 | by ( John Fritze | ) edition.cnn.com time to read: +2 min

CNN —Special counsel Jack Smith pressed the Supreme Court on Wednesday to let stand a lower court ruling that denied former President Donald Trump immunity from prosecution, urging the justices to allow the trial in his election subversion case to begin quickly. “The charged crimes strike at the heart of our democracy,” Smith told the Supreme Court. Smith asked that if the court orders a delay that it consider the request an appeal and set the case for expedited briefing and argument. Trump on Monday asked the Supreme Court to temporarily block that decision so he could appeal it. Earlier Tuesday, Chief Justice John Roberts gave Smith until February 20 to respond to Trump’s emergency request.

Persons: Jack Smith, Donald Trump, ” Smith, Trump, Smith, “, John Roberts Organizations: CNN, Supreme, DC Circuit, Monday, Trump, Republican

☆ Why a Supreme Court easy out in Trump ballot battle could lead to post-election chaos
▼ + stars: | 2024-02-13 | by ( John Fritze | Marshall Cohen | ) edition.cnn.com time to read: +7 min

CNN —When it comes to deciding whether former President Donald Trump should be booted from Colorado’s ballot, the easiest path the Supreme Court could take now may wind up causing the most chaos early next year. In the ballot litigation, Trump is appealing a decision from the Colorado Supreme Court in December that he incited the attack on the US Capitol as electoral votes were being counted in 2021. Arguments at the US Supreme Court last week focused less on whether there was an insurrection and more on technical questions about whether states may enforce the ban. A political fight over eligibility would likely be limited to Congress, but it could sweep the Supreme Court back into the thicket, as well. “Depending on just how horrendously ugly the situation could get, the court might feel compelled to become involved,” Foley said.

Persons: Donald Trump, ”, Gerard Magliocca, Trump, Magliocca, Jack Smith, John Roberts, Van Jones, “, Edward Foley, ” Foley, Ketanji Brown Jackson, Joe Biden, Jason Murray, ” Jackson, ” Murray, Murray, Derek Muller, –, Muller, Katelyn Polantz Organizations: CNN, Trump, Indiana University, Democratic, “, DC Circuit, Colorado Supreme Court, Capitol, US, Electoral College, The Ohio State University, Notre Dame Locations: Colorado, United States

Justice Ketanji Brown Jackson has had to weigh in on more legal questions related to the January 6, 2021, attack on the US Capitol than the other jurists on the bench. Jackson, while serving on a federal trial-level court in Washington, DC, oversaw a handful of criminal cases against rioters as the Justice Department was making its first batches of arrests after the deadly attack. “How close can a person be to unquestionably violent and completely unacceptable lynch-mob-like acts of others and still claim to be a nondangerous, truly innocent bystander,” Jackson said in the case of one rioter. Then-Judge Jackson ultimately handed the rioter cases she was assigned off to other judges when she left the district court after President Joe Biden elevated her to the DC Circuit Court of Appeals. But her statements from the period immediately following the attack offer an indication of how she might approach the riot in the Trump ballot case.

Persons: Ketanji Brown Jackson, Jackson, ” Jackson, Judge Jackson, Joe Biden Organizations: Capitol, Justice Department, DC, Trump Locations: Washington , DC

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