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☆ Trump’s on the ballot, but the Supreme Court left key constitutional questions unanswered
▼ + stars: | 2024-03-06 | by ( John Fritze | Marshall Cohen | ) edition.cnn.com time to read: +8 min

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

☆ Trump’s critics hope that Antonin Scalia can sway the Supreme Court in 14th Amendment fight
▼ + stars: | 2024-02-01 | by ( John Fritze | ) edition.cnn.com time to read: +5 min

On a court where conservatives hold a 6-3 supermajority, including three Trump nominees, citing Scalia is no coincidence. The advocates are hoping to convince the justices that they can write off Trump’s arguments in a way that still squares with conservative legal principles. The Scalia concurrence, joined by Chief Justice John Roberts and two other conservatives, involved a dispute between the teamsters and a soda distributor. Supreme Court Justice Antonin Scalia and former President Donald Trump. “Many times, members of the court greatly respect each other but will disagree with what they’ve had to say,” Muller said.

Persons: Scalia, Donald Trump, Antonin Scalia, Trump, “, –, ”, Derek Muller, “ They’re, Conway, SCOTUS, CNN Trump, J, Michael Luttig, John Roberts, Joshua Blackman, South Texas College of Law Houston, Blackman, ” Blackman, Neil Gorsuch, Gorsuch, Samuel Alito, ” Alito, they’ve, ” Muller Organizations: Trump, CNN — Liberal, Capitol, Supreme, Notre Dame Law, CNN, United, Republican, Chief, teamsters, South Texas College of Law, Getty, Appeals, Colorado Republican Party, Congress Locations: United States, Colorado

☆ Trump ‘engaged in an insurrection,’ judge says, but should remain on Colorado ballot
▼ + stars: | 2023-11-17 | by ( Marshall Cohen | ) edition.cnn.com time to read: +10 min

CNN —A Colorado judge has ruled that former President Donald Trump “engaged in an insurrection” on January 6, 2021, but rejected an attempt to remove him from the state’s 2024 primary ballot, finding that the 14th Amendment’s “insurrectionist ban” doesn’t apply to presidents. ‘Trump engaged in an insurrection’In her ruling, Wallace agreed with almost everything that the challengers argued, except on the critical question of whether a president can be disqualified by the 14th Amendment. The group said it would file an appeal “shortly” to the Colorado Supreme Court, and hailed Wallace’s finding that Trump engaged in insurrection. “We’re respectful that the judge made the right decision,” Gessler said on “The Source.” “I understand she threw a lot of shade on President Trump, and we’re not happy about that. “It says Trump engaged in insurrection but can appear on the ballot anyway.

Persons: Donald Trump “, “, Sarah Wallace, ” Wallace, “ Trump, Trump, Biden’s, Wallace, ’, ”, ‘ Trump, Joe Biden, today’s, ” Trump, Steven Cheung, Donald J, Noah Bookbinder, State Jena Griswold, CNN’s Erin Burnett, ” Griswold, Scott Gessler, CNN’s Kaitlan Collins, ” Gessler, we’re, Derek Muller, Muller, Sean Grimsley, ” Grimsley, didn’t, patriotically ’, Gerard Magliocca, United States … Organizations: CNN, Colorado, Trump, Republican, Capitol, Electoral, US, GOP, Colorado Supreme, Colorado Supreme Court, State, Notre Dame Law School, Capitol Police, National Guard, pitchfork, Indiana University, Union, United Locations: Colorado, Minnesota, Michigan, United States, Washington, New Mexico

☆ Minnesota Supreme Court won’t remove Trump from GOP primary ballot in 14th Amendment challenge
▼ + stars: | 2023-11-08 | by ( Marshall Cohen | ) edition.cnn.com time to read: +5 min

CNN —The Minnesota Supreme Court on Wednesday rejected an attempt to block Donald Trump from the state’s GOP primary ballot next year based on the 14th Amendment’s “insurrectionist ban” but said the challengers can try again to block him from the general election ballot if the former president wins the Republican nomination. The ruling is a victory for Trump, in terms of keeping his name on Minnesota’s ballot for the 2024 GOP primary, where recent polling shows he has a commanding lead. However, the Minnesota justices didn’t go as far as Trump’s lawyers wanted, which was to shut down the case altogether and keep the former president on the ballot for both the primary and general election. “But the general election is a different matter. So, the court is essentially inviting a new challenge later, ahead of the general election.”This story has been updated with additional information.

Persons: Donald Trump, “, didn’t, Trump, disqualifying, Natalie Hudson, Hudson, nodded, Steven Cheung, ” Cheung, –, ”, Ron Fein, Donald Trump’s, Derek Muller, ” Muller Organizations: CNN, Minnesota Supreme, GOP, Republican, Trump, ”, Capitol, US Capitol Police, U.S, Notre Dame Law School Locations: Minnesota, Colorado and Michigan, Colorado

☆ What to know about the 14th Amendment Trump disqualification trial in Colorado
▼ + stars: | 2023-10-29 | by ( Marshall Cohen | ) edition.cnn.com time to read: +7 min

The challengers have scored a series of pretrial victories, defying expectations by defeating several motions by Trump and the Colorado GOP to throw out the case. They want a court order blocking Griswold from putting Trump’s name on Colorado’s GOP primary ballot and the general election ballot. • Does Griswold have the power under Colorado law to exclude a candidate from the ballot based on federal constitutional considerations? And President Trump never advocated for or incited violence on January 6, 2021.”Why is this happening now? She graduated from the University of Colorado Law School in 1999.

Persons: “, Donald Trump, Trump, ” “, We’ve, ”, Derek Muller, “ It’s, it’s, ” Muller, United States …, State Jena Griswold, Griswold, hasn’t, Sarah Wallace, Wallace, Norma Anderson, rioter, Jared Polis, Ballard Spahr Organizations: Republican, Colorado, Colorado GOP, Court, Notre Dame Law School, Confederates, United, State, GOP, Democrat, Trump, Colorado House, Capitol, Colorado Gov, University of Colorado Law School Locations: Denver, Washington, Colorado, insurrectionists, United States, “ Colorado, Minnesota, Michigan, New Mexico

NEW YORK (AP) — Donald Trump isn’t used to constraints. Trump is not only a former president, but also the leading candidate for the 2024 Republican presidential nomination. Just days ago, he was fined $5,000 for violating the same gag order, which Engoron imposed after Trump targeted his principal law clerk on social media. Indeed, things are likely to get much more complicated for Trump in the coming months as his four criminal trials get underway. New York court officials have beefed up security for judges and court personnel involved in Trump matters in the wake of the threats.

Persons: — Donald Trump isn’t, Trump, “, ” Judge Arthur Engoron, ”, Jimmy Gurule, Engoron, Radical Left Democrat ”, Letitia James “, ” Gurule, jailing, Gurule, overshadowing, Laurie Levenson, he’s, —, Jack Smith, ” Levenson, Martin Shkreli, Hillary Clinton’s, Sam Bankman, Smith, “ weaklings, Aileen Cannon, Juan Manuel Merchan, ” Engoron, fining Trump, ___ Tucker, Durkin Richer, Michael R, Michelle L, Price, Jake Offenhartz, Jennifer Peltz Organizations: White, Republican, Notre Dame, Radical Left Democrat, New York, Trump, Loyola Law School, ” Prosecutors, Associated Press Locations: New York, York, Brooklyn, Manhattan, Washington, Trump, Boston, Sisak

☆ Justice Kagan Calls for the Supreme Court to Adopt an Ethics Code
▼ + stars: | 2023-09-22 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: +1 min

Justice Elena Kagan said on Friday that the Supreme Court should adopt a code of ethics, saying that “it would be a good thing for the court to do that.”Her comment, part of a wide-ranging live-streamed public interview at Notre Dame Law School, came on the day ProPublica reported that Justice Clarence Thomas had twice attended an annual event for donors organized by the conservative political network established by the billionaire industrialists Charles and David Koch. Justice Kagan did not discuss the report, but she said that an ethics code “would, I think, go far in persuading other people that we were adhering to the highest standards of conduct.” She added that “I hope we can make progress.”G. Marcus Cole, the law school’s dean, asked her to identify the holdout among the justices. She refused, saying the justices’ deliberations are private. “What goes on in the conference room stays in the conference room,” she said. She added that she did not want to suggest that there was a single holdout.

Persons: Elena Kagan, ”, Clarence Thomas, Charles, David Koch, Justice Kagan, G, Marcus Cole Organizations: Notre Dame Law School

☆ Supreme Court's Alabama map ruling defied predictions as Roberts and Kavanaugh teamed up to protect Voting Rights Act
▼ + stars: | 2023-09-08 | by ( Joan Biskupic | ) edition.cnn.com time to read: +18 min

Ambivalent during early internal debate, Kavanaugh eventually gave Roberts enough confidence that he could write an opinion for a majority. The state’s approach would have wholly undercut the history and purpose of the landmark Voting Rights Act, passed at the height of the Civil Rights movement to try to end race discrimination. Senior conservative Thomas, who has been unyielding in his rejection of race-based practices, was ready to write a far-reaching opinion against the court’s Voting Rights Act precedent for redistricting. Meanwhile, Kavanaugh and Roberts came together, ensuring the chief a five-justice majority for the robust endorsement of Voting Rights Act remedies when states discriminate in redistricting. The Alabama redistricting case shook out differently as Kavanaugh signed a significant portion of Roberts’ opinion.

Persons: John Roberts, Brett Kavanaugh, Roberts, Kavanaugh, –, Steve Marshall, Edmund LaCour, ”, Donald Trump, Ramos, Atticus Finch, “, Bill Clinton, Clarence Thomas, Samuel Alito, Neil Gorsuch, Amy Coney Barrett, General LaCour, Holder, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Thomas, Alito, Gorsuch, Thomas ’, Barrett, George H.W, Roe, Wade, Dobbs, ” Roberts, General Marshall, LaCour, — Organizations: CNN, Alabama, Republican, Supreme, Blacks, Democratic, Notre Dame, Black, Trump, Black Democrats, ”, Civil, Senior, Jackson, Health Organization, Harvard, University of North Locations: Alabama, Black, Minnesota, . Louisiana, . Mississippi, ” Alabama, Shelby County, Bush, Mississippi, University of North Carolina, ”

CNN —Justice Clarence Thomas disclosed Thursday that Republican megadonor Harlan Crow paid for private jet trips for Thomas in 2022 to attend a speech in Texas and a vacation at Crow’s luxurious New York estate, as ethics questions continue to rock the Supreme Court. Thomas made the disclosures after receiving an extension to file the yearly reports that were originally due in May 2023. In a statement after the ProPublica report, Thomas acknowledged the friendship but stressed that Crow did not have business before the court. In addition, he said that he should have disclosed a 2014 private real estate deal between Crow, Thomas and members of Thomas’ family. According to the disclosure, Thomas flew down to be the keynote speaker of the event in February, but returned via private jet “due to an unexpected ice storm.”The talk was rescheduled in May and Thomas rode round trip on Crow’s plane.

Persons: Clarence Thomas, Harlan Crow, Thomas, Dobbs, Roe, Wade, “, Crow, Samuel Alito, ProPublica, Thomas ’, ” Thomas, Virginia Thomas, Leola Williams, Williams, VII, –, Elliot S, Berke, Thomas “, ”, Sen, Sheldon Whitehouse, Chip Somodevilla, Elena Kagan, Alito, ” Alito, Gabe Roth, he’s, ” Roth, Rome Alito, Duke Organizations: CNN, Republican, Judicial Conference, Old Parkland Conference, Hoover Institution, Manhattan Institute, American Enterprise Institute, Black Americans, Crow Holdings, Democrats, Supreme, Capitol, Rhode Island, Wall Street, Notre Dame, School’s, Liberty Initiative, Religious Liberty Summit, Regent University School of Law, Duke Law School Locations: Texas, New York, Georgia, Savannah , Georgia, Washington ,, Rome

[1/2] U.S. Supreme Court Associate Justice Clarence Thomas poses during a group portrait at the Supreme Court in Washington, U.S., October 7, 2022. REUTERS/Evelyn HocksteinWASHINGTON, June 7 (Reuters) - Conservative U.S. Supreme Court Justice Clarence Thomas, under scrutiny following revelations that he did not disclose luxury trips paid for by a billionaire Dallas businessman, has received an extension to file his mandatory annual financial disclosure, the court said on Wednesday. Some congressional Democrats have proposed imposing new ethics standards on the Supreme Court following reporting on conduct by some of the justices, in particular Thomas. Supreme Court justices are not bound like other federal judges by a code of conduct that includes avoidance even of the "appearance of impropriety." The three conservative justices appointed by former President Donald Trump drew additional income as law professors.

Persons: Clarence Thomas, Evelyn Hockstein WASHINGTON, Samuel Alito, Thomas, Harlan Crow, Crow, Frederick Douglass, Neil Gorsuch, Ketanji Brown Jackson, Jackson, Oprah Winfrey, Sonia Sotomayor, Sotomayor, John Roberts, Donald Trump, Gorsuch, Brett Kavanaugh, George Mason University's Antonin Scalia, Amy Coney Barrett, Roberts, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S, Supreme, REUTERS, Conservative U.S, Judicial Conference, Politico, Liberal, Vogue, Random, Charter Communications, Texas, University of Notre Dame Law School, Thomson Locations: Washington , U.S, Dallas, Crow, Colorado, New York, Washington

Summary A relatively small number of law schools dominate federal clerkships(Reuters) - A quarter of Stanford Law School’s 2022 graduates landed federal clerkships—the highest percentage among all U.S. law schools, according to new data from the American Bar Association. The University of Notre Dame Law School and the University of Virginia School of Law round out the top five with 15% and nearly 13% of 2022 graduates in federal clerkships. The latest ABA data shows that just 3% of the 36,078 law graduates in 2022 are clerking for federal judges. Some federal judges hire law students for clerkships that won't begin for a year or two, allowing them to gain experience first. Read more:These law schools aced the job market in 2022Large U.S. law firms love hiring from these schoolsOur Standards: The Thomson Reuters Trust Principles.

☆ Oklahoma eyes first US religious charter school after Supreme Court rulings
▼ + stars: | 2023-04-06 | by ( John Kruzel | ) www.reuters.com time to read: +6 min

REUTERS/Jonathan ErnstApril 6 (Reuters) - An Oklahoma school board is set to consider next week whether to approve the first taxpayer-funded religious charter school in the United States in a move that follows recent U.S. Supreme Court rulings expanding religious rights. The board is a state entity that considers applications for charter schools - publicly funded but independently run - that operate virtually in Oklahoma. They estimated that it would cost Oklahoma taxpayers up to $25.7 million over its first five years in operation as a charter school. In 2020, the Supreme Court endorsed Montana tax credits that helped pay for students to attend religious schools. Secular opponents have said religious charter schools would violate legal limits on government involvement in religion.

WASHINGTON — Conservative Justice Brett Kavanaugh said the Supreme Court is not as divided as members of the public might think, praising his liberal colleagues and highlighting rulings in which the justices were not divided on ideological lines during a recent public appearance. Kavanaugh had special praise for the late liberal Justice Ruth Bader Ginsburg, the recently retired liberal Justice Stephen Breyer and Breyer’s successor, liberal Justice Ketanji Brown Jackson, saying she “has hit the ground running" and is "thoroughly prepared." Ginsburg and Breyer "couldn't have been better at welcoming me to the court," Kavanaugh said, referring to his nomination by then-President Donald Trump in 2018. Kavanaugh this week appeared eager to counter any perceptions that the court is usually divided on ideological lines, pointing out several cases in which he had joined liberal justices in 5-4 decisions. Statistics compiled for the SCOTUSblog legal website showed, however, that in the previous court term only 29 percent of the decisions were unanimous, lower than at any time in the past two decades.

☆ Brett Kavanaugh praises newcomer Ketanji Brown Jackson as a 'thoroughly prepared' justice who's 'off to a great start'
▼ + stars: | 2023-01-26 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +3 min

Justice Brett Kavanaugh praised fellow Justice Ketanji Brown Jackson. "She's off to a great start," Kavanaugh said of the newest member of the Supreme Court. "She's off to a great start," Kavanaugh continued, adding that Jackson "hit the ground running" and fits in well with the group. Jackson, who's seated next to Kavanaugh on the bench, has received widespread attention in the legal world less than four months into her tenure at the Supreme Court. I'm optimistic about the court, I'm optimistic about the country, I'm optimistic about my colleagues."

☆ The case to block Biden's student-loan forgiveness keeps getting weaker, legal experts say
▼ + stars: | 2023-01-25 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +7 min

Some legal experts say the lawsuit's standing is questionable due to MOHELA's involvement. The latter case has had some legal experts particularly confounded due to the central role MOHELA has taken in the case. "There's no threat that Missouri may suffer harm to the Lewis and Clark fund when the Lewis and Clark fund hasn't been paid into for over a decade," Nahmias said. Even two law professors who believe Biden's plan to cancel student debt broadly is illegal aren't convinced by the states' lawsuit. "On one hand, when the state created MOHELA over 40 years ago, it made clear that MOHELA is separate," Nahmias said.

☆ Why 2 law professors who think Biden's student-loan forgiveness is illegal believe the GOP-led states that blocked the debt relief 'utterly lack standing'
▼ + stars: | 2023-01-15 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +5 min

Two law professors filed an amicus brief to SCOTUS regarding Biden's student-debt relief. They said they don't think the relief is legal, but the six GOP-led states who sued do not have standing. The states cannot use student-loan company MOHELA in this case, the professors said. The states "utterly lack standing for the remedy they received"Bray and Baude's central argument is that Missouri should not be bringing this lawsuit. If MOHELA will suffer revenue loss from loans it would have serviced prior to debt relief, then MOHELA is the entity that should be suing, they said.

☆ Is the Catholic Church Rethinking Contraception?
▼ + stars: | 2022-12-30 | by ( Francis X. Rocca | ) www.wsj.com time to read: 1 min

Some two dozen Catholic theologians, philosophers and other scholars gathered in Rome this month for a three-day conference dedicated to defending and explaining the implications of the Catholic Church’s prohibition of contraception, as set out in St. Paul VI ’s 1968 encyclical “Humanae Vitae.”The conference, whose speakers included the legal philosophers John Finnis of Notre Dame Law School and Robert George of Princeton University, was organized in response to what just a few years ago would have been an unlikely source of questioning on the topic: the Vatican.

☆ A judge might force Elon Musk to buy Twitter
▼ + stars: | 2022-09-20 | by ( Alex Kantrowitz | Big Technology | ) www.businessinsider.com time to read: +10 min

The trial between Twitter and Elon Musk will begin on October 17 at the Delaware Chancery Court. The Delaware judge hearing Twitter's case vs. Elon Musk listened incredulously as Musk's lawyers asked her to postpone the trial. The DecoPac deal, like many acquisitions, had a clause called "specific performance," which allows the courts to force the deal to close. It didn't take long for McCormick's life at the Chancery Court to get interestingElon Musk agreed to buy Twitter in April 2022. And Twitter then sued Musk for specific performance in Delaware Chancery Court later that month.

☆ Justices join debate on Supreme Court's legitimacy after abortion ruling
▼ + stars: | 2022-09-18 | by ( Lawrence Hurley | Lawrence Hurley Covers The Supreme Court For Nbc News Digital. | ) www.nbcnews.com time to read: +9 min

Chief Justice John Roberts, one of the court’s six conservatives, pushed back against some of the criticism in a recent public appearance, saying people should not question the court’s legitimacy just because they disagree with its rulings. It is important that the public think the justices are reaching decisions in good faith based on the law, Girgis said. Sotomayor said at an event in California on Thursday that “there’s going to be some question about the court’s legitimacy” if people think the justices are acting based on politics, according to a Courthouse News Service report. But I don’t understand the connection between opinions people disagree with and the legitimacy of the court,” he said. Conversely, in 1954, Southern states resisted enforcing the landmark Brown v. Board of Education ruling, which ended segregation in public schools.

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