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CNN —The Supreme Court on Monday for a second time shot down a request from former Trump adviser Peter Navarro to avoid further prison time over his contempt of Congress conviction. In an emergency request last month, Navarro asked the Supreme Court to let him remain free while he challenged his conviction at the federal appeals court in Washington, DC. Supreme Court rules allow parties whose emergency applications are denied by a single justice to resubmit to another justice. The court denied the request on Monday without comment. Navarro’s underlying case is still pending before the appeals court.
Persons: Trump, Peter Navarro, Navarro, John Roberts, Neil Gorsuch, Trump’s, Gorsuch, Roberts, ” Navarro Organizations: CNN Locations: Washington ,
CNN —The Supreme Court on Monday turned away Tesla CEO Elon Musk’s request to back out of a settlement agreement he struck with the Securities and Exchange Commission in 2018 over a series of tweets about the car maker that regulators alleged were fraudulent. To avoid enforcement, Musk agreed to a settlement that required him to have a company lawyer approve his social media posts about Tesla. Though he agreed to the “Twitter sitter” provision, Musk has subsequently challenged it as a violation of his First Amendment rights. The Supreme Court rejected Musk’s appeal without comment and there were no noted dissents. A US District Court and the 2nd US Circuit Court of Appeals rejected Musk’s request to declare the Twitter sitter provision unenforceable.
Persons: Elon Musk’s, Musk’s, , Musk, Organizations: CNN, Securities and Exchange Commission, SEC, Court, US, Appeals
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
United States Supreme Court Associate Justice Ketanji Brown Jackson. Alex Wong/Getty ImagesJustice Ketanji Brown Jackson warned that absolute immunity could turn the Oval Office into "the seat of criminal activity in this country." She said there would no incentive for presidents to follow the law while in the White House if they could never face criminal prosecution. "There are lots of people who have to make life and death decisions" and still face the risk of criminal prosecution, she said. I think that we would have a really significant opposite problem if the president wasn’t chilled," she said.
Persons: Ketanji Brown Jackson, Alex Wong, Donald Trump's, D, John Sauer, Jackson Organizations: Getty
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
Justice Sonia Sotomayor asked Joshua Turner, the lawyer for the state of Idaho, about specific, real-life scenarios where pregnant people required emergency abortions. Later, she returned to the hospital, Sotomayor said, and received an abortion "because she was about to die." Pregnancy can be dangerous, particularly in the United States, which has the highest rate of maternal mortality in the developed world. About 10% to 20% of pregnancies end in miscarriage and many don’t require medical intervention, but some may require treatment using the same procedure used in an abortion. Miscarriages can put someone’s life at risk because of serious blood loss or infection if the miscarriage is not complete.
Persons: Sonia Sotomayor, Joshua Turner, Sotomayor Organizations: American College of Obstetricians, American Locations: Idaho, Florida, United States
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
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
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,
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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: ,
CNN —Former Donald Trump adviser Peter Navarro asked the Supreme Court to take another look at his request to avoid prison, filing a long-shot request on Tuesday that the high court rarely grants. In an emergency request last month, Navarro asked the Supreme Court to let him remain free while he challenged his contempt of Congress conviction before the federal appeals court in Washington, DC. Chief Justice John Roberts denied that request March 18, and Navarro reported to prison the following day. Supreme Court rules allow parties whose emergency applications are denied by a single justice to resubmit that request to another justice. In a brief letter Tuesday, Navarro’s attorneys asked Justice Neil Gorsuch, Trump’s first nominee to the court, to review his request.
Persons: Donald Trump, Peter Navarro, Navarro, John Roberts, Navarro’s, Neil Gorsuch, Trump’s, Roberts, ” Navarro Organizations: CNN Locations: Washington ,
CNN —The Supreme Court on Monday indefinitely blocked Texas from enforcing an immigration law that would allow state officials to arrest and detain people they suspect of entering the country illegally. The order came from Justice Samuel Alito because he oversees matters arising from the appeals court that is currently weighing the case. Senate Bill 4, signed into law by Texas Republican Gov. And Texas may be deeply concerned about recent immigration,” attorneys for a pair of immigration groups and El Paso County wrote in court papers. But the 5th US Circuit Court of Appeals granted a temporary stay of the lower court’s decision and said the law would take effect on March 10 if the Supreme Court didn’t act.
Persons: Biden, Samuel Alito, Bill, Greg Abbott, , , Alito, Ken Paxton Organizations: CNN, Texas Republican Gov, Texas, Republican, Circuit Locations: Texas, United States, El Paso County, California, Pennsylvania, Michigan, Arizona, Austin , Texas
CNN —The Supreme Court on Monday appeared deeply skeptical of arguments by two conservative states that the First Amendment bars the government from pressuring social media platforms to remove online misinformation. Louisiana and Missouri accused the Biden administration of a sweeping censorship campaign conducted through emailed and other communications with social media platforms. Barrett asked: Could the FBI not call the social media sites and encourage them to take such posts down? Fletcher pointed to the context of the communication between the Biden administration and the social media companies. That is Congress’ role, he said, challenging claims that the administration has issued credible threats against social media that could support a coercion argument.
Persons: Biden, Roberts, Kavanaugh, Barrett, John Roberts, Brett Kavanaugh, Amy Coney Barrett, , Roe, Wade, Benjamin Aguiñaga, Alito, Samuel Alito, ” Alito, Brian Fletcher, Elena Kagan, Justice Kavanaugh, I’ve, ” Kagan, chuckles, Fletcher, Ketanji Brown Jackson, you’re, ” Aguiñaga Organizations: CNN, FBI, Facebook, New York Times, Communications, medica Locations: Louisiana, Missouri
CNN —The Supreme Court will hear arguments Monday in an unusual First Amendment appeal from the National Rifle Association against a New York financial regulator who persuaded banks and insurance companies to sever ties with the gun rights group. The danger, she said, is that regulators in both red and blue states could start leaning on insurance companies and banks to drop coverage for disfavored advocacy groups or companies. Critics dubbed the policies “murder insurance.”If other insurance companies distanced themselves from the NRA, Vullo argues, it was because they no longer wanted to do business with the group. The Supreme Court held that such “informal censorship” was unconstitutional. The Supreme Court will hear a related case Monday, one that implicates the White House, federal agencies and social media.
Persons: Maria Vullo, , Caroline Fredrickson, ” Fredrickson, ” Vullo, Vullo, Andrew Cuomo’s, Denny Chin, , Sullivan, Biden Organizations: CNN, National Rifle Association, New, NRA, New York Department of Financial Services, Georgetown, , Democratic, Gov, Vullo, US, Bantam, Rhode Island, Republican Locations: New York, Parkland , Florida, London
CNN —The Supreme Court on Friday denied a request by a Texas college student group to host a drag show on campus, siding with the school’s decision to prohibit the performance. Spectrum WT and two student leaders of the LGBTQ group filed an emergency petition with the high court asking that it be allowed to put on the show at West Texas A&M University. The brief order by the Supreme Court on Friday doesn’t resolve the issue but means the group will not be able to put on the performance while the litigation continues. The conservative 5th US Circuit Court of Appeals will hear arguments in the case the week of April 29. “The show,” Morris said, “is not over.”A spokesman for West Texas A&M University declined to comment on the pending litigation.
Persons: Walter Wendler, Wendler, Matthew Kacsmaryk, Kacsmaryk, Donald Trump, ” Kacsmaryk, JT Morris, ” Morris, , Organizations: CNN, WT, West Texas, M University, US, Supreme, Foundation, Rights, Circuit Locations: Texas
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
CNN —Two Supreme Court justices on Tuesday urged Americans to turn down the temperature of civic discourse – even as the high court is working through some of the most charged political cases to land on its docket in years. Justice Sonia Sotomayor said that on the Supreme Court she and her colleagues come to disagreements with an assumption that all nine are operating in good faith. Neither justice mentioned those cases – or any others – in their remarks at George Washington University during the annual Civic Learning Week National Forum. “In my judgment, this is not the time to amplify disagreement with stridency,” Barrett wrote in her concurring opinion. “So for us to be beholden to one of them is a little crazy,” said Sotomayor, who was nominated by former President Barack Obama.
Persons: Amy Coney Barrett, Sonia Sotomayor, , ” Sotomayor, Donald Trump’s, Barrett, ” Barrett, Sotomayor, , Barack Obama Organizations: CNN, George Washington University, Trump, National Governors Association Locations: Washington , DC
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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
CNN —The Supreme Court on Monday temporarily froze enforcement of Texas’ controversial immigration law that allows state law enforcement to arrest and detain people they suspect of entering the country illegally. Justice Samuel Alito issued the administrative hold, which will block the law from taking effect until March 13. The Biden administration and several immigration groups filed an emergency application with the Supreme Court hours earlier asking the justices to block enforcement of the law. Last week, a federal judge in Austin, Texas, had blocked the state government from implementing the law. A federal appeals court over the weekend granted a temporary stay of the lower court’s decision and said the law would take effect later this week if the Supreme Court did not act.
Persons: Samuel Alito, Alito, Biden, Greg Abbott, David Alan Ezra Organizations: CNN, Justice Department, Texas Gov Locations: Texas, United States, Austin , Texas
Those actions, the state court ruled, violated Section 3 of the 14th Amendment and left Trump ineligible to appear on the state’s ballot. Monday’s Supreme Court decision appeared certain to shut down those and other efforts to remove the frontrunner for the GOP nomination from the ballot. Supreme Court avoids insurrectionist debateThe Supreme Court’s opinion doesn’t directly address whether Trump’s actions on January 6 qualified as an “insurrection” – skirting an issue that the courts in Colorado wrestled with. “While the Supreme Court allowed Donald Trump back on the ballot on technical legal grounds, this was in no way a win for Trump,” Noah Bookbinder, the group’s president said. That decision, they said, wasn’t before the Supreme Court in the case and would “insulate all alleged insurrectionists” from future challenges.
Persons: Donald Trump, , , Trump, , Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Barrett, Trump’s, ” Noah Bookbinder, ’ Barrett, ” “, ” Barrett, – Sotomayor, Kagan, Jackson –, wasn’t, insurrectionists ” Organizations: CNN, Capitol, Trump, GOP, US Capitol, Liberal Locations: Colorado, Colorado’s, Maine, Illinois, Washington, The Colorado
“The Supreme Court had the opportunity in this case to exonerate Trump, and they chose not to do so. Using the 14th Amendment to derail Trump’s candidacy has always been seen as a legal longshot, but gained significant momentum with a win in Colorado’s top court in December, on its way to the US Supreme Court. But in Colorado, a series of decisions by state courts led to a case that Trump ultimately appealed to the US Supreme Court in January. The Colorado Supreme Court, on a sharply divided 4-3 vote, affirmed the findings about Trump’s role in the US Capitol attack but said that the ban did, in fact, apply to presidents. Trump is appealing, and a state court paused those proceedings while the Supreme Court dealt with the Colorado case.
Persons: Donald Trump, Joe Biden, Trump, John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh –, , ” Trump, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Amy Coney Barrett, Steve Vladeck, Sotomayor, Kagan, Barrett, Jackson, ” SCOTUS, Trump’s, State Jena Griswold, ” Griswold, , Norma Anderson, Trump “, Roberts, Kavanaugh, lobbed, Jonathan Mitchell, Barack Obama, ” Kagan, Jason Murray, CNN’s Marshall Cohen, Devan Cole Organizations: CNN, GOP, Trump, University of Texas School of Law, US Capitol, Republican, Colorado, State, U.S, Democrats, Citizens, Colorado Supreme, Biden Locations: Colorado, Washington, U.S ., “ Colorado, Colorado’s, Maine and Illinois, Minnesota , Michigan , Massachusetts, Oregon, Maine, An Illinois, United States
CNN —The Supreme Court may hand down at least one opinion on Monday, according to a new post on the court’s website. The announcement is certain to drive speculation that the justices are prepared to decide whether former President Donald Trump is eligible to appear on Colorado’s presidential ballot. However, the justices may wish to decide the Trump matter before Colorado voters head to the polls this week for the Super Tuesday primary. Trump’s name will appear on Colorado’s ballot regardless – the ballots were printed weeks ago. A judge in Illinois removed Trump from that state’s ballot on Wednesday, though the decision was put on hold to give the former president time to appeal.
Persons: Donald Trump, Organizations: CNN, Colorado voters, Super, Trump, Six Colorado voters Locations: Colorado, Illinois
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