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It would be a daunting task for anyone making his first argument before the Supreme Court. He was also appearing before two of his former bosses: Justices Elena Kagan and Neil M. Gorsuch. After finishing Harvard Law School, he clerked for Justice Gorsuch, then a judge on the U.S. Court of Appeals for the 10th Circuit, and later spent a year working for Justice Kagan, finishing in 2014. Each pummeled Mr. Murray with a punishing barrage of questions. Justice Kagan pushed Mr. Murray on the implications of allowing Colorado to ban Mr. Trump, questioning what would happen if the state at the heart of the case were instead a swing state like Michigan or Wisconsin.
Persons: Donald J, Trump, Jason Murray, Elena Kagan, Neil M, Gorsuch, Justice Gorsuch, Justice Kagan, Barack Obama, Mr, Murray Organizations: Harvard Law School, U.S ., Appeals, Circuit, Trump, Colorado Supreme Locations: Colorado, Michigan, Wisconsin
Her memoir was, appropriately, entitled: “Are You Tough Enough?”Her son Neil Gorsuch, a Supreme Court justice since 2017, has shown his own brand of defiance and anti-regulatory fervor. In recent years, Justice Gorsuch has voted against regulations that protect the environment, student-debt forgiveness and Covid-19 precautions. He has led calls on the court for reversal of a 1984 Supreme Court decision that gives federal agencies considerable regulatory latitude and that, coincidentally traces to his mother’s tenure. The lawyers who will argue on behalf of the challengers are seasoned appellate advocates who once served as Supreme Court law clerks, as did Solicitor General Prelogar. That argument has prevailed in courts for decades, but the Supreme Court has signaled that it is ready for a new era.
Persons: Anne Gorsuch, Ronald Reagan White, Neil Gorsuch, Gorsuch, Chevron, Charles Koch, Trump, , , ” Gorsuch, Elizabeth Prelogar, ” Neil Gorsuch, Ronald Reagan, , Robert Burford, Anne Burford, Neil, John Paul Stevens, Thomas Merrill, Stevens, Merrill, Magnuson, Koch, Prelogar, Roman Martinez, ” Martinez, ” Paul Clement, ” Clement, ” Prelogar, Biden, Don McGahn, Anne Gorsuch Burford, McGahn, “ I’ve Organizations: CNN, Environmental Protection Agency, Congress, Ronald Reagan White House, Chevron USA, Inc, Natural Resources Defense Council, Chevron, Marine Fisheries Service, , Supreme, , White House, Land Management, Columbia University, Conservative, National Marine Fisheries Service, Loper Bright Enterprises, Stevens Conservation, Management, “ Chevron, Trump Locations: Washington, Chevron, Colorado
Reversal of the so-called Chevron deference approach was a priority for the judicial selection team that served Trump – on par with some right-wing activists’ quest for reversal of constitutional abortion rights. The reconstituted Supreme Court delivered on that agenda item in 2022 when it overturned Roe v. Wade. Former White House counsel Don McGahn, who controlled Trump’s judicial selections, regularly touted the administration’s anti-regulation agenda. He was especially drawn to the first two Trump appointees, Neil Gorsuch and Brett Kavanaugh, for their records in that regard. In his written brief and during arguments, Martinez invoked an adage of Chief Justice Roberts from his 2005 confirmation hearings, that judges serve as umpires, just calling balls and strikes.
Persons: Donald Trump, who’ve, Roe, Wade, Don McGahn, Neil Gorsuch, Brett Kavanaugh, , ” McGahn, McGahn, Anne Gorsuch, Reagan, Gorsuch, , “ I’ve, Trump, Mitch McConnell, Leonard Leo, Biden, Roberts, John Roberts, ” Roberts, Roman Martinez, Martinez, , Magnuson, Elizabeth Prelogar, don’t, Prelogar, Elena Kagan, ” Kagan, there’s, ” Martinez, Paul Clement, Justice Roberts, Ketanji Brown Jackson, They’re, ” Kavanaugh, George W, Bush, ” Said Kavanaugh Organizations: CNN, Trump, White House, Chevron, Environmental Protection Agency, Republican, Federalist Society, Chevron USA, Inc, Natural Resources Defense, , “ Chevron, National Marine Fisheries Service, Stevens Conservation, Management, Congress Locations: lockstep, Chevron
Supreme Court Police officers stand on the plaza outside of the Supreme Court of the United States after the nation's high court stuck down President Biden's student debt relief program on Friday, June 30, 2023 in Washington, DC. WASHINGTON — A 40-year-old Supreme Court precedent that over the years has become a bugbear on the right because it is viewed as bolstering the power of federal agencies could be on the chopping block as the current justices on Wednesday consider whether to overturn it. Justice Gorsuch has been an outspoken critic of the Chevron ruling. Jonathan Adler, a professor at Case Western Reserve University School of Law, said there were always disagreements among lawyers and academics over how courts should apply the Chevron ruling. The fisheries dispute is one of several in the current court term in which the justices are considering attacks on federal agency power led by business interests and the conservative legal establishment.
Persons: Biden's, Reagan, Anne Gorsuch, Neil Gorsuch, Gorsuch, David Doniger, Jonathan Adler, Joe, Magnuson, Trump, Don McGahn Organizations: Police, WASHINGTON —, Natural Resources Defense, Chevron, Environmental Protection Agency, Act, EPA, Democratic, Case Western Reserve University School of Law, National Marine Fisheries Service, Stevens Fishery Conservation, Management, Trump, Trump White House, Conservative Political, Conference Locations: United States, Washington , DC, Chevron v, Chevron, New England
Justice Gorsuch on the Spending Power
  + stars: | 2023-10-05 | by ( The Editorial Board | ) www.wsj.com   time to read: 1 min
This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. https://www.wsj.com/articles/cfpb-v-consumer-financial-services-assn-neil-gorsuch-elizabeth-prelogar-congress-spending-power-553ba6be
Persons: Dow Jones, prelogar
Opinion | The 2023 SCOTUS Awards
  + stars: | 2023-07-18 | by ( Jesse Wegman | David Firestone | ) www.nytimes.com   time to read: +1 min
As depressing as the outcomes often were, these tortuous paths of jurisprudence were often absurd. A closer look at the opinions helps illustrate how legal decision-making is often deeply entwined with the justices’ deeply held passions and religious beliefs, their occasionally tense relationships with their colleagues and their personality quirks. Here are a few mostly tin medals for the outstanding lowlights (and a few highlights) of the year. ImageMost compassionate opinion correcting a historical American injustice:Justice Neil Gorsuch’s concurring opinion in Haaland v. Brackeen upholding the Indian Child Welfare Act, a federal law intended to prevent the forcible adoption of Native American children by nonnative families. Only the assertion of federal power through the child welfare act ended most of these abuses.
Persons: , Neil Gorsuch’s, Justice Gorsuch Organizations: Indian Child Welfare Locations: Haaland
Justice Gorsuch blamed "bureaucrats" for race-identification sections of college applications. In his opinion, Gorsuch called the option to identify your race a "scheme of classifications." In his opinion concurring with SCOTUS Chief Justice John Roberts that affirmative action is unconstitutional, Gorsuch said the race-identification boxes on college applications — such as the Common Application — were created by government bureaucrats for data collection. Gorsuch's opinion aligned with Justice Roberts' majority opinion, as the Supreme Court ruled 6-3 to strike down affirmative action on Thursday. The court majority called the consideration of race in college admissions unconstitutional and discriminatory, effectively ending the practice.
Persons: Gorsuch, SCOTUS, , Neil Gorsuch, John Roberts, Justice Roberts Organizations: Service
The Supreme Court upheld a Pennsylvania law on Tuesday that requires corporations to consent to being sued in its courts — by anyone, for conduct anywhere — as a condition for doing business in the state. Only Pennsylvania has such a law. But the ruling may pave the way for other states to enact similar ones, giving injured consumers, workers and others more choices of where to sue and subjecting corporations to suits in courts they may view as hostile to business. The Supreme Court was split 5 to 4, with Justice Neil M. Gorsuch writing for the majority. In ruling against the corporation at the center of the case, Norfolk Southern, Justice Gorsuch rejected its argument that it was entitled “to a more favorable rule, one shielding it from suits even its employees must answer” under the Fourteenth Amendment.
Persons: Neil M, Justice Gorsuch, Amy Coney Barrett, John G, Roberts Jr, Elena Kagan, Brett M, Kavanaugh, Organizations: Chief Locations: Pennsylvania, Norfolk Southern
“Where this court once stood firm,” he wrote, “today it wilts.”In November, when the Supreme Court heard arguments in the Indian Child Welfare Act case, Justice Gorsuch questioned lawyers for the challengers vigorously, with flashes of anger and frustration. “That’s simply not true,” he said to one. To another, who had argued that there were sound reasons for doubting the wisdom of the law, he said, “the policy arguments might be better addressed across the street,” referring to Congress. His concurring opinion on Thursday recounted in ugly detail the cruel mistreatment of Native American children over the centuries. “In all its many forms, the dissolution of the Indian family has had devastating effects on children and parents alike,” he wrote.
Persons: , Gorsuch, “ That’s Organizations: Indian Child Welfare Locations: wilts,
Antonin Scalia Law School at the Virginia-based George Mason University was renamed in 2016. The renaming was part of a plan to help its reputation by getting closer to the Supreme Court. Justices were given notable benefits to teach there, emails obtained by The New York Times reveal. This desire to keep Supreme Court leadership on their roster even superseded scandals the judges faced. The Antonin Scalia Law School and a spokesperson for the Supreme Court did not immediately respond to Insider's request for comment.
In the fall of 2017, an administrator at George Mason University’s law school circulated a confidential memo about a prospective hire. Just months earlier, Neil M. Gorsuch, a federal appeals court judge from Colorado, had won confirmation to the Supreme Court seat left vacant by the death of Antonin Scalia, the conservative icon for whom the school was named. For President Donald J. Trump, bringing Judge Gorsuch to Washington was the first step toward fulfilling a campaign promise to cement the high court unassailably on the right. For the leaders of the law school, bringing the new justice to teach at Scalia Law was a way to advance their own parallel ambition. By the winter of 2019, the law school faculty would include not just Justice Gorsuch but also two other members of the court, Justices Clarence Thomas and Brett M. Kavanaugh — all deployed as strategic assets in a campaign to make Scalia Law, a public school in the Virginia suburbs of Washington, a Yale or Harvard of conservative legal scholarship and influence.
Supreme Court Justice Clarence Thomas is facing a wave of misconduct allegations in recent weeks. The Supreme Court did not immediately respond to a request for comment on the allegations. What was your initial reaction to Monday's Bloomberg report regarding the 2004 appeals case that Justice Thomas failed to recuse himself from? Associate Supreme Court Justice Clarence Thomas. The point is that the issue should not be punishing Justice Thomas or punishing Justice Gorsuch.
WASHINGTON — One month after Neil M. Gorsuch was appointed to the Supreme Court in April 2017, he and two partners finally sold a vacation property they had been trying to offload for nearly two years. But when he reported the sale the next year, he left blank a field asking the identity of the buyer. County real estate records in Colorado show that Brian L. Duffy, the chief executive of Greenberg Traurig, a sprawling law firm that frequently has business before the court, and his wife, Kari Duffy, bought the property. The buyer’s identity — and Justice Gorsuch’s decision not to disclose it — was reported earlier on Tuesday by Politico. Although experts said that the omission did not violate the law, they added that it underscored the need for ethics reforms given the intensifying scrutiny on financial entanglements at the Supreme Court and renewed calls by Democratic lawmakers for tightened rules.
The Supreme Court refused Monday to consider the appeal of a disbarred lawyer jailed for contempt of court after he won a $9.5 billion judgment against Chevron in an environmental lawsuit in Ecuador . A group of Ecuadorians represented by Donziger filed a class-action suit against Chevron in Manhattan federal court in 1993. The plaintiffs in the lawsuit were awarded $9.5 billion from Chevron by a judge in Ecuador. Chevron then filed a legal action in Manhattan federal court and won an injunction against the enforcement of the judgment in any U.S. court. In the Chevron case, Gorsuch wrote, "However much the district court may have thought Mr. Donziger warranted punishment, the prosecution in this case broke a basic constitutional promise essential to ourliberty."
Oral arguments on Biden's student-loan forgiveness are underway at the Supreme Court. Justice Gorsuch also asked Biden's team to address how the relief is fair to those who already paid off their loans. On Tuesday, the two cases that temporarily paused Biden's plan to cancel up to $20,000 in student debt arrived at the Supreme Court. Solicitor General Elizabeth Prelogar, representing Biden's administration, took the first round of questions from the justices, and she defended Biden's use of the HEROES Act of 2003 to cancel student debt. He said that "modify" typically means "moderate change," and he questioned whether the language can also be used for broad student-loan forgiveness without Congressional approval.
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