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As the Supreme Court term enters its homestretch, Justice Brett M. Kavanaugh shared reflections on presidential power, the court’s popularity and Taylor Swift at a judicial conference in Austin, Texas, on Friday. He did not discuss the many major cases that will be decided by early July, including ones affecting former President Donald J. Trump, abortion and gun rights. He talked about his years as staff secretary to President George W. Bush and the insights they had given him on the pressures of the office of the presidency. “Being a Supreme Court justice is hard, some days. Neither is anything close to being president in terms of the stress, the difficulty, the pressure, day to day, no matter who is president.”
Persons: Brett M, Kavanaugh, Taylor Swift, Donald J, Trump, George W, Bush, , Locations: Austin , Texas
During oral arguments, justices asked questions about what constitutes coercion and in what cases the government can intervene with suggestions for the conduct of social media companies — and also showed off some of their media knowledge. AdvertisementMurthy v. Missouri is one of several cases the high court will hear about social media and the First Amendment this year. However, Roberts agreed with the pair and pointed out that government agencies do not have a "monolithic" point of view on moderation of social media content. An injunction previously handed down by the Fifth Circuit of Appeals on the same case barred a wide-ranging group of government officials from contacting social media companies. However, it is unlikely that the Supreme Court will uphold it, Vox reported.
Persons: , SCOTUS, Murthy, Moody, Paxton, Samuel Alito, Brett Kavanaugh, George W, Bush, Elena Kagan, Clinton, Kavanaugh, Justice Kavanaugh, I've, Kagan, John Roberts, Roberts, Ketanji Brown Jackson, Jackson, J, Benjamin Aguiñaga, Aguiñaga, Biden, Vox Organizations: Service, Business, Centers for Disease Control, Department of Homeland Security, Facebook, Washington Post, Fifth Circuit, Supreme, Department of Justice, Louisiana Attorney Locations: . Missouri, Missouri, Louisiana, Washington
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
“What do you do with the – what would seem to me to be – the plain consequences of your position?" Chief Justice John Roberts asked attorney Jason Murray, who argued on behalf of the Colorado voters who brought the lawsuit. “The reason we’re here is because Donald Trump tried to disenfranchise 80 million voters,” he said. The Colorado Supreme Court agreed, ruling that Trump's conduct amounted to engaging in "insurrection" in violation of Section 3. But it is not the last time the Supreme Court will be called upon to settle questions with an outsized impact on the 2024 election.
Persons: Donald Trump, Trump, John Roberts, Jason Murray, Roberts, you’re, That’s, , Brett Kavanaugh, Murray, Elena Kagan, Kagan, Ketanji Brown Jackson, Kavanaugh, ” Jackson Organizations: Republican, Colorado voters, Democratic, Donald Trump View, Trump, Coloradans, Citizens, GOP, Capitol, The, The Colorado Supreme Locations: Colorado, United States, Washington, The Colorado
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Persons: Dow Jones, kavanaugh
CLEVELAND (AP) — Supreme Court Justice Brett Kavanaugh told a judicial conference on Thursday he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute an official code of conduct. We’re working on that,” Kavanaugh told the conference attended by judges, attorneys and other court personnel in Ohio. He said all nine justices recognize that public confidence in the court is important, particularly now. Kavanaugh, 58, is one of three justices nominated by former President Donald Trump who have reshaped the court in recent years. Kavanaugh took questions from Jeffrey Sutton and Stephanie Dawkins Davis, chief judge and judge, respectively, of the 6th U.S.
Persons: Brett Kavanaugh, , ” Kavanaugh, Roe, Wade, , Clarence Thomas, Harlan Crow, ProPublica, Samuel Alito, Sonia Sotomayor, Kavanaugh, Donald Trump, Dobbs, Jeffrey Sutton, Stephanie Dawkins Davis, They’re Organizations: CLEVELAND, , Republican, Associated Press, AP, U.S, Circuit Locations: Ohio, America, Alaska, Alabama
In 2022, Brett Kavanaugh let Albama use racially gerrymandered maps in its midterm elections. Kavanaugh joined the liberal justices and Chief Justice John Roberts in ruling against the maps. His opinion backed up the other liberal justices and Roberts, proving to be the crucial vote in the narrow decision. Kavanaugh sided with those justices in February 2022, allowing Alabama to use the maps for the 2022 election. At the time, Kavanaugh said he'd allow the maps temporarily so it wouldn't disrupt the elections in November.
Persons: Brett Kavanaugh, Kavanaugh, John Roberts, , Roberts, he'd Organizations: Supreme, Justice, Service, Alabama's GOP Locations: Alabama
Opinion | John Roberts Throws a Curveball
  + stars: | 2023-06-08 | by ( Richard L. Hasen | ) www.nytimes.com   time to read: +2 min
It’s possible that he had a change of heart, but it’s more likely that his institutionalist side kicked in. But as recently as last year, when Alabama sought a stay before the 2022 elections of the lower-court ruling the court just affirmed, Chief Justice Roberts suggested rethinking or tinkering with those precedents even as he opposed the stay. Since Congress passed the Voting Rights Act in 1965 and amended it in 1982, the Supreme Court has repeatedly weighed in on its scope and meaning. By 2013, however, the court held that Congress no longer had the power to require federal preapproval of voting changes. In Shelby County, Chief Justice Roberts declared that “history did not end in 1965” and that considerable improvement in the South made continued federal oversight unconstitutional.
Persons: Milligan, Justice Roberts, Kavanaugh, Justice Kavanaugh Organizations: Alabama, Supreme, statehouses Locations: Shelby County
Columbia Law Students Are Upset
  + stars: | 2023-03-29 | by ( The Editorial Board | ) www.wsj.com   time to read: 1 min
The nation’s top law schools are the latest battleground for politics and free speech on campus. Barely two weeks after Stanford Law School students shouted down Fifth Circuit Court of Appeals Judge Kyle Duncan , Columbia Law School students want to erase news that some students met with Supreme Court Justice Brett Kavanaugh . On Feb. 23, members of the Columbia Federalist Society went to Washington and met with Justice Kavanaugh at the High Court. On March 14, Columbia Law School posted a photograph of the meeting on its Instagram account with a brief note that the law students had a chance to “engage in conversation” and hear about “the Court’s deliberation process and how to be an effective advocate.”
The Supreme Court in June announced it would hear the case in its new term, which begins on Monday. This showed the increasing willingness of its 6-3 conservative majority take on divisive issues as it steers the court on a rightward path. According to Irv Gornstein, executive director of Georgetown University Law Center's Supreme Court Institute, Kavanaugh now wields outsized influence over the speed and limits of the court's rightward shift. In its most recent term, there were 14 rulings decided on a 6-3 tally with the conservative justices on one side and the liberals on the other. The court appears likely to continue to take up cases particularly important to conservatives, Feldman said.
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