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Barrett pins Trump down on his absolute immunity argumentsAs the second-least senior justice, Barrett sits at the far end of the Supreme Court’s mahogany bench. That was a notable break from earlier arguments Trump submitted that called for “absolute” immunity on a much wider scale of acts. A party turns to a private attorney, Barrett hypothesized, “who was willing to spread knowingly false claims of election fraud” to spearhead his challenges to an election. That appeared to be a reference to former Trump attorney Rudy Giuliani, identified by CNN as “co-conspirator 1” in Smith’s indictment. “This is where someone like Justice Barrett gets to pressure test an advocate’s points,” she said.
Persons: John Roberts, Amy Coney Barrett, , Donald Trump, Barrett, Trump’s, Trump, Roe, Wade, “ We’ve, Steve Vladeck, , Jack Smith’s, John Sauer, , Sauer, Smith, Rudy Giuliani, ” Barrett, ” Sauer, Michael Dreeben, ” Dreeben, Ilya Somin, ” Somin, ” ‘, Sonia Sotomayor, quizzing, Biden, Sotomayor, Josh Turner, Turner, I’m, ” Turner, ” Barrett interjected, ’ ”, Beth Brinkmann, litigator Organizations: CNN, Center for Reproductive Rights, University of Texas School of Law, Trump, George Mason University Locations: Idaho
But while the unsigned, 13-page opinion the Supreme Court handed down Monday decisively resolved the uncertainty around Trump’s eligibility for a second term, it left unsettled questions that could some day boomerang back to the justices. A state court removed Griffin from office and New Mexico’s top court dismissed his appeal and Griffin appealed to the US Supreme Court. And it just makes the presidential transition – if Trump wins – more complicated, unpleasant and problematic than it needed to be.”What about other qualifications for candidacy? The seemingly preposterous hypotheticals came up repeatedly during the Trump ballot cases. But the Supreme Court hasn’t addressed the issue and didn’t offer clues on the point in Monday’s opinion.
Persons: Donald Trump’s, Trump, , Donald Sherman, , ” Trump, Ilya Somin, Couy Griffin, Griffin, Derek Muller, SCOTUS, Gerard Magliocca, Neil Gorsuch, hasn’t, ” Somin, Somin, nodded, isn’t Organizations: CNN, Court, Democratic, Trump, George Mason University, Capitol, Cowboys, New, Notre Dame Law School, Indiana University, Colorado, Appeals Locations: Washington, Colorado, New Mexico, disqualifying, Guyana, Denver
Opinion | Why Jan. 6 Wasn’t an Insurrection
  + stars: | 2024-01-12 | by ( Ross Douthat | ) www.nytimes.com   time to read: +2 min
I’ve written several times about the case for disqualifying Donald Trump via the 14th Amendment, arguing that it fails tests of political prudence and constitutional plausibility alike. But the debate keeps going, and the proponents of disqualification have dug into the position that whatever the prudential concerns about the amendment’s application, the events of Jan. 6, 2021, obviously amounted to an insurrection in the sense intended by the Constitution, and saying otherwise is just evasion or denial. Such a limitation, they say, ignores all the obvious ways that lesser, less comprehensive forms of resistance to lawful authority clearly qualify as insurrectionary. I have a basic sympathy with Calabresi’s suggestion that the “paradigmatic example” that the drafters of the 14th Amendment had in mind should guide our understanding of its ambiguities, and since the paradigmatic example is the Civil War, in which hundreds of thousands of people were killed, a five-hour riot probably doesn’t clear the bar. (For related arguments about the perils of applying precedents from specific crises to radically different situations, see this essay from Samuel Issacharoff as well.)
Persons: disqualifying Donald Trump, Adam Serwer, Jonathan Chait, Ilya Somin, Steven Calabresi, Samuel Issacharoff Organizations: prudential, Constitution, Trumpist Army, U.S, Capitol Locations: Northern Virginia, Confederate, America, New York
Opinion: Supreme Court drops the H-bomb and D-bomb
  + stars: | 2023-07-02 | by ( Richard Galant | ) edition.cnn.com   time to read: +15 min
We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets. Graduates of Harvard and other Ivy League schools earn significantly more than most college graduates –— the credential opens doors. Maybe the best confirmation of that is that eight out of the nine Supreme Court justices went to law school at either Harvard or its Ivy rival, Yale. “The court’s decision Thursday is consistent with its view that race-based preferences should and would have a limited shelf life. And the Supreme Court has just guaranteed that this will be the case for many years to come.”“The court made the right decision,” wrote Ilya Somin, a law professor at George Mason University.
Persons: Harvard College Dean Rakesh Khurana, , Harvard isn’t, , Michael Gerhardt, Roe, Wade, Donald, Trump, Bill Bramhall, Tan, ” Ana Fernandez, Richard Kahlenberg, Harvard …, Lanhee Chen, Peniel, Joseph, Joe Biden’s, Rachel Clark, , Ilya Somin, Biden, ” Clay Jones, Somin, Leah Litman, isn’t, aren’t, Timothy Holbrook, Nicole Hemmer, Drew Sheneman, Phil Hands, Julian Zelizer, Yorkers, Walt Handelsman, Jill Filipovic, , Patrick T, Brown, DeSantis, Duncan Hosie, Ken Ballen, Trump Jack Ohman, Jennifer Martin, ” Martin, Vladimir Putin’s, Yevgeny Prigozhin, Wagner, Prigozhin, David A, Putin, Jade McGlynn, CNN’s Chris Good, it’s, Frida Ghitis, Keir Giles, Victory, Don’t, Agency Dean Obeidallah, Keith Magee, France Kara Alaimo, Vicki Shabo, Leroy Chiao, Abdullah, Billy Lezra, MonaLisa Leung Beckford, Timothy Naftali, David Horsey, It’s, Blake Moore, Marc Veasey, Hershel “ Woody ” Williams, Moore, Veasey, “ Williams, Williams, Hershel ‘ Woody ’, Abraham Lincoln, ” Moore, Lincoln Organizations: CNN, Harvard, Harvard College, Wall Street Journal, of Harvard, Ivy League, Yale, Supreme Court, University of North, University of North Carolina —, Wellesley College, Blacks, , George Mason University, , University of Michigan, Democratic, Agency, Trump, New Yorker, American Academy of Sleep, Soviet Union —, RFK, Republican, Utah Republican, Texas Democrat, Marines Locations: Boston, University of North Carolina, California, , Chicago, Detroit, Great, Bedminster, New Jersey, New, Iran, Ukraine, Russia, Soviet Union, Moscow, France, Hong Kong, China, America, Utah, Texas, Iwo Jima, Lincoln
Jackson and Thomas, reflecting a deep divide in the United States, diverged on how race must be treated in the law. Thomas wrote a concurring opinion accompanying the ruling that said Jackson's "race-infused world view falls flat at each step." "Our country has never been colorblind," Jackson wrote in her dissenting opinion, which was joined by the two other liberal justices. Much of what Thomas wrote on Thursday was directed at Jackson. "Justice Thomas ignited too many straw men to list, or fully extinguish," Jackson wrote.
Persons: Ketanji Brown Jackson, Clarence Thomas, Jackson, Thomas, Jackson myopically, Ilya Somin, Jim Crow, Michael Dorf, Justice Jackson, John Roberts, Black, Joe Biden, Andrew Chung, Will Dunham Organizations: U.S, Supreme, Constitution, George Mason University, Black, Cornell Law, Harvard, UNC, Democratic, Thomson Locations: United States, U.S, Southern, New York
Trump's lawyers, however, have stopped short of stating in court that he declassified the documents, though they have not conceded that they are classified. Trump's lawyers did not immediately respond to a request for comment. Dearie pressed Trump's lawyers to make clear whether they plan to assert that the records had been declassified as Trump claims. Trump's lawyers proposed Dearie to serve as special master. Dearie on Thursday asked trump's lawyers to provide any evidence backing this up.
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