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☆ Supreme Court won't let former Trump aide Peter Navarro out of jail while he appeals sentence
▼ + stars: | 2024-04-29 | by ( Kevin Breuninger | ) www.cnbc.com time to read: +1 min

Former Donald Trump adviser Peter Navarro holds a press conference before turning himself into a federal prison on March 19, 2024, in Miami, Florida. The Supreme Court on Monday denied a request by Peter Navarro, a former advisor to ex-President Donald Trump, to get out of jail while he appeals his four-month sentence for defying a subpoena from the House committee that investigated the Jan. 6 Capitol riot. Navarro claimed that the doctrine of executive privilege shielded him from responding to the subpoena. But much of the information sought by the committee was not covered by executive privilege, and Trump did not assert executive privilege in the first place, noted U.S. Solicitor General Elizabeth Prelogar in a March filing to the Supreme Court.

Persons: Donald Trump, Peter Navarro, Neil Gorsuch, Navarro, Trump's, Joe Biden, Trump, Elizabeth Prelogar Organizations: U.S . Capitol, Supreme Locations: Miami , Florida, Miami, U.S

☆ Solicitor General Elizabeth Prelogar again in the spotlight fighting the conservative Supreme Court on abortion
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | ) edition.cnn.com time to read: +8 min

CNN —For the fourth time since she became the federal government’s top Supreme Court advocate, Solicitor General Elizabeth Prelogar is arguing an abortion-related case. When Prelogar argues before the Supreme Court, she is arguing in front of several alumni of the US Office of the Solicitor General. She also clerked for her current boss, Attorney General Merrick Garland, when he was a DC Circuit judge, before her Supreme Court clerkships. She went on to litigate Supreme Court cases for private firms and worked on special counsel Robert Mueller’s investigation. Likewise, the abortion case Prelogar argued last month could have significant consequences for federal power.

Persons: Elizabeth Prelogar, Prelogar, Department’s, Biden, ”, Stephanie Toti, she’s, Ruth Bader Ginsburg, Elena Kagan, Kagan, Obama, John Roberts, George H.W, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Roe, ” Prelogar, General Merrick Garland, Robert Mueller’s, Beth Brinkmann, Clinton, Brinkmann, Prelogar’s, Court’s Roe, Wade, –, Roberts, Gorsuch, Amy Coney Barrett, ” Toti, “ That’s Organizations: CNN, Miss Idaho, NPR, Emory University, Harvard Law School, DC Circuit, litigate, The Justice Department, Idaho, Labor, Center for Reproductive Rights, Food and Drug Administration, Justice Department, Republican Locations: Bush, Texas, ” An Idaho, Idaho

☆ Takeaways from the Supreme Court’s oral arguments over emergency abortions
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | John Fritze | ) edition.cnn.com time to read: +10 min

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

☆ Supreme Court Appears Sharply Divided in Emergency Abortion Case
▼ + stars: | 2024-04-24 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The Supreme Court appeared sharply divided on Wednesday over whether federal law should allow doctors to perform emergency abortions in states with near-total bans on the procedure, in a case that could determine access to abortion in emergency rooms across the country. The lively, two-hour argument focused on a clash between Idaho, whose law limits access to abortion unless the life of the pregnant woman is in danger, and federal law. Questioning by the justices suggested a divide along ideological — and possibly gender — lines. “What Idaho is doing is waiting for women to wait and deteriorate and suffer the lifelong health consequences with no possible upside for the fetus,” said Solicitor General Elizabeth B. Prelogar, arguing on behalf of the federal government. “It just stacks tragedy upon tragedy.”Justice Elena Kagan interjected that the current situation seemed untenable: “It can’t be the right standard of care to force somebody onto a helicopter.”

Persons: ”, Elizabeth B, Elena Kagan interjected Locations: Idaho

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, ”

☆ Supreme Court abortion case brings 19th century chastity law to the forefront
▼ + stars: | 2024-03-29 | by ( Tierney Sneed | ) edition.cnn.com time to read: +10 min

The Comstock Act, as the law is known, is not central to the current Supreme Court case. Their interest in the law’s relevance to Tuesday’s case speaks to how the Comstock Act has taken a more prominent role in the efforts to further limit abortion. Among other arguments, the case’s plaintiffs, anti-abortion doctors and medical associations, have invoked the Comstock Act to argue the FDA acted unlawfully by not considering the 19th century criminal prohibition on mailing abortion drugs. But much attention will be paid to any commentary about the statute, even if just in a dissent, when the Supreme Court issues its ruling in the case in the coming months. The political ramifications of the Supreme Court’s ultimate decision in the current FDA case is also at the forefront of how they approach the subject.

Persons: Clarence Thomas, Samuel Alito, Comstock, Alito, Roe, Wade, Thomas, Wade –, ”, Skye Perryman, –, Elizabeth Prelogar, Biden, ” Prelogar, Julia Kaye, Joe Biden, Roger Severino, Severino, Trump, misoprostol, Donald Trump, Michelle Shen, Alayna Treene Organizations: CNN, Forward Foundation, Food and Drug Administration, FDA, Department, DOJ, Republican, Heritage Foundation, Heritage Foundation’s, Department of Health, Human Services, House, Trump Locations: Roe

☆ Justices Barrett and Kavanaugh overturned Roe v. Wade. Why they may save access to the abortion pill
▼ + stars: | 2024-03-27 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —Justices Brett Kavanaugh and Amy Coney Barrett often link arms on cases, particularly when it comes to abortion and reproductive rights. Barrett was more active, but her queries appeared animated by the same concern for doctors who would have religious or moral objections to abortion. Kavanaugh and Barrett were Trump’s second and third appointments to the bench, in 2018 and 2020. Barrett asks about conscience and standing. When Kavanaugh followed up with his related question, Prelogar said, “We think that federal conscience protections provide broad coverage here.

Persons: Brett Kavanaugh, Amy Coney Barrett, Donald Trump, Kavanaugh, Barrett, “, ” Kavanaugh, Elizabeth Prelogar, Biden, ” Prelogar, They’d, Roe, Wade, Matthew Kacsmaryk, Clarence Thomas, Samuel Alito, mifepristone, Prelogar, ” Barrett, ”, Elena Kagan, Justice Barrett, Ketanji Brown Jackson, “ I’m, ” Jackson, Jackson, Erin Hawley, homed, ’, Hawley, she’d, ” Hawley Organizations: CNN, Drug Administration, Jackson, Health Organization, Guttmacher Institute, Alliance for Hippocratic, FDA, Appeals, Supreme, CNN Liberal, “ Locations: Dobbs v, America, Texas

CNN —A majority of Supreme Court justices appeared skeptical Tuesday of the idea of a nationwide ban or new limits on mifepristone, the primary drug used for medication abortions. At issue in the case are lower-court rulings that would have rolled back recent Food and Drug Administration decisions to ease access to the mifepristone. “What the court did … is enter sweeping nationwide relief that restricts access to mifepristone for every single woman in this country. Some anti-abortion activists see the law as an avenue to end medication abortion, and perhaps all kinds of abortions. Danco’s attorney said that this case was not an appropriate venue for the court to weigh the reach of the Comstock Act.

Persons: Roe, Wade, John Roberts, Neil Gorsuch, ” Roberts, Erin Hawley, interjected, Franklin Delano Roosevelt’s, ”, ” Gorsuch, Biden, …, Elizabeth Prelogar, Brett Kavanaugh, ” Kavanaugh, Prelogar, Ketanji Brown Jackson, “, Jackson, ” Jackson, Amy Coney Barrett, Barrett, Alito, Thomas, Samuel Alito, Clarence Thomas, ” Alito, Mifepristone, Comstock, mifepristone, Matthew Kacsmaryk –, Trump, –, Kacsmaryk Organizations: CNN, Drug Administration, Conservative, FDA, Justice Department, Amarillo Division, Court, Northern, Northern District of, US, US Judicial Locations: mifepristone, FDA’s, Amarillo, Northern District, Northern District of Texas

☆ When the Supreme Court overturned Roe v. Wade, it opened the floodgates for abortion-related lawsuits
▼ + stars: | 2024-03-25 | by ( Joan Biskupic | ) edition.cnn.com time to read: +19 min

CNN —The Supreme Court on Tuesday will hear its first abortion case since the 2022 reversal of Roe v. Wade and upheaval of reproductive rights in America. All the while, public regard for the Supreme Court has degenerated. Supreme Court Justice Stephen Breyer is photographed at his home in Cambridge, Massachusetts, in September 2015. Dirck Halstead/The LIFE Images Collection/Getty Images Breyer and his daughter Chloe jog with Clinton in May 1994. Mai/The LIFE Images Collection/Getty Images Breyer works in his office with his staff of clerks in June 2002.

Persons: Roe, Wade, Joe Biden, Donald Trump, Dobbs, Biden, Elizabeth Prelogar, mifepristone, Prelogar, what’s, ”, Susan B, Anthony Pro, ’, Evelyn Hockstein, Breyer, Stephen Breyer, Justice Ketanji Brown Jackson, Samuel Alito, Hodges, Trump, “, ” Breyer, Damon Winter, Stephen, Irving, Anne, Charles ., Chloe, Nell, Michael —, Joanna Breyer, Ira Wyman, Sygma, Byron White, Ruth Bader Ginsburg, John Harrington, Joanna, John Tlumacki, Bill Clinton, Clinton, Harry Blackmun, Dirck Halstead, Doug Mills, US Sen, Ted Kennedy, Laura Patterson, John Blanding, Colin Powell, George W, Bush, Mai, David Hume Kennerly, Seuss, Evan Vucci, Charles, Marcio Jose Sanchez, William Rehnquist, Clarence Thomas, David Souter, William Kennedy, Antonin Scalia, Sandra Day O'Connor, John Paul Stevens, Chip Somodevilla, John Roberts, Pablo Martinez Monsivais, Samuel Alito's, Gerald Herbert, Cole Mitguard, Mourning, Penni Gladstone, Clara Scholl, Elise Amendola, Nicholas Kamm, Michelle Obama, Barack Obama, Alex Wong, ABC's George Stephanopoulos, Heidi Gutman, Andrew Harrer, Hu Jintao, Eli, Shutterstock Breyer, Britain's Prince Charles, Mandel Ngan, Tom Williams, Carolyn Kaster, Ben Bradlee, Bill O'Leary, Pete Marovich, Stephen Colbert, Jeffrey R, Win McNamee, Elena Kagan, Neil Gorsuch, Anthony Kennedy, Sonia Sotomayor, Maureen Scalia, Andrew Harnik, Brett Kavanaugh, Amy Coney Barrett, Erin Schaff, Abraham Lincoln, George Washington, Saul Loeb, Ketanji Brown Jackson, Patrick, Fred Schilling, Matthew Kacsmaryk, Erin Hawley, GYN, … Organizations: CNN, Alabama Supreme, Republican, Food, Drug Administration, FDA, Jackson, Health Organization, District of Columbia, America, United States Conference of Catholic Bishops, Alamo Women's, Reuters, Supreme Court, Democratic, Supreme, New York Times, Harvard Law School, Appeals, First Circuit, Circuit, Getty, White House, Airport, Boston Globe, US, Suffolk University Law School, Francisco's Lowell High School, San Francisco Chronicle, Belgium's Catholic University of Louvain, Georgetown University Law Center, Administrative, Administrative Conference of, Jewish American Heritage Month, Walt Disney Television, Bloomberg, White, Office, Committee, Washington Nationals, Washington Post, Financial Services, General Government, CBS, State, The New York Times, Library of Congress, Alliance, Hippocratic, Alliance for Hippocratic, OB, Department, Justice Locations: America, New York, Carbondale , Illinois, Cambridge , Massachusetts, Maine , Massachusetts, New Hampshire, Puerto Rico, Rhode Island, AFP, San Francisco, Lowell, Washington , DC, United States

☆ Ex-Trump aide Peter Navarro heads to prison after historic contempt prosecution
▼ + stars: | 2024-03-19 | by ( Tierney Sneed | Katelyn | ) edition.cnn.com time to read: +6 min

Navarro’s stint in prison comes as Trump himself has yet to face criminal consequences for the various crimes he’s been accused of committing. Navarro made a last-ditch bid for a Supreme Court intervention that would put off his self-surrender to prison. Yet the number of times the DOJ agreed to prosecute a witness for contempt of Congress are extremely low. He was charged in June 2022 with two counts of contempt of Congress and was found guilty on both counts last September. He was no longer in the White House during the period the House committee was probing.

Persons: Peter Navarro, Donald Trump, Navarro, Trump, he’s, “, ” Stanley Brand, –, White, Prosecutors, Navarro’s, ”, Neil Gorsuch, Anne Gorsuch, John Roberts, Elizabeth Prelogar, George W, Steve Bannon, Carl Nichols, Bannon, Sam Mangel, Mangel, ” Mangel Organizations: CNN, White, White House, Congress, Justice Department, Department of Justice, Supreme, Environmental, Agency, Trump, –, Justice, Capitol Locations: Miami

☆ Supreme Court allows a new Texas immigration law that gives police the power to arrest migrants
▼ + stars: | 2024-03-19 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +2 min

The Supreme Court on Tuesday allowed Texas to enforce a contentious new law that gives local police the power to arrest migrants. The dispute is the latest clash between the Biden administration and Texas over immigration enforcement on the U.S.-Mexico border. Circuit Court of Appeals said in a brief order that it could go into effect March 10 if the Supreme Court declined to intervene. On March 4, Justice Samuel Alito issued a temporary freeze on the law to give the Supreme Court time to consider the federal government's request. Solicitor General Elizabeth Prelogar said in court papers that the Texas law is "flatly inconsistent" with Supreme Court precedent dating back 100 years.

Persons: Biden, Sonia Sotomayor, Samuel Alito, Elizabeth Prelogar Organizations: Border Patrol, Biden, Circuit, Appeals Locations: Venezuela, Rio, Eagle Pass , Texas, Texas, Mexico, New Orleans

☆ If Peter Navarro goes to prison, he’ll hear the lions roar
▼ + stars: | 2024-03-18 | by ( Katelyn | ) edition.cnn.com time to read: +5 min

“Not only can you hear the lions … you can hear the lions roar every morning,” said Sam Mangel, Navarro’s prison consultant. Navarro is still appealing, asking the Supreme Court to intervene before he turns himself in on Tuesday morning. Another Trump adviser, Steve Bannon, has also been sentenced to four months in prison for contempt of Congress related to the same investigation, but his prison report date is on hold as he too pursues appeals. Mangel said Navarro will have to take classes and get a job inside the prison. US Federal Bureau of PrisonsDOJ asks Supreme Court to reject Navarro’s last-ditch effortThe Justice Department asked the Supreme Court on Monday to reject Navarro’s last-ditch effort to avoid reporting to prison.

Persons: Peter Navarro –, –, Navarro, “, ”, Sam Mangel, ” Mangel, Steve Bannon, ” Stanley Brand, doesn’t, Mangel, Navarro “ acclimate, He’ll, Navarro’s, Elizabeth Prelogar, meritless ”, ” Prelogar, ” CNN’s Devan Cole Organizations: CNN, Trump White House, White House, of Prisons, Trump, White, Congress, Prisons, US Federal Bureau of Prisons, FCI Miami, US Federal Bureau of, DOJ, Justice Department Locations: Miami, Puerto Rico

☆ Live Updates: White House’s Efforts to Combat Misinformation Face Supreme Court Test
▼ + stars: | 2024-03-18 | by ( Adam Liptak | ) www.nytimes.com time to read: +4 min

PinnedThe Supreme Court will hear arguments at 10 a.m. on Monday on whether the Biden administration violated the First Amendment in combating what it said was misinformation on social media platforms. “This is an immensely important case that will determine the power of the government to pressure the social media platforms into suppressing speech,” he said. “Our hope is that the Supreme Court will clarify the constitutional line between coercion and persuasion. On Friday, the court set rules for when government officials can block users from their private social media accounts. had most likely crossed constitutional lines in their bid to persuade platforms to take down posts about what they had flagged as misinformation.

Persons: Biden, Alex Abdo, ”, Murthy, —, Elizabeth B, Prelogar Organizations: Columbia University, U.S ., Appeals, Fifth Circuit, White, Centers for Disease Control Locations: Florida, Texas, . Missouri, Missouri, Louisiana

Michael Cargill, owner of Central Texas Gun Works in Austin, opposes the ban on bump stock sales. “During the Trump administration, the bump stock ban cropped up as a rather glaring example of unlawful administrative power,” Philip Hamburger, a founder of the New Civil Liberties Alliance, said in an email. Image A bump stock attaches to a semiautomatic rifle and enables it to fire at a much higher rate. In response, the Justice Department promised to review the legality of bump stocks, but A.T.F. Eventually, the full court agreed with Mr. Cargill by vote of 13 to 3, split along ideological lines.

Persons: Michael Cargill, ”, Cargill, Trump, ” Philip Hamburger, Elizabeth B, Prelogar, George Frey, Cargill strolled, “, Mark Chenoweth, ” Mr, Chenoweth, Obama, ” “, Mr, Charles Koch, Jonathan F, Mitchell, Donald J, Stephen Paddock, Erin Schaff, Jennifer Walker Elrod Organizations: Central Texas Gun, Government, Army, New Civil Liberties Alliance, —, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Charles Koch Foundation, Koch Industries, Colorado Supreme, National Rifle Association, Justice Department, Congress, The New York Times Federal, U.S ., Appeals, Fifth Circuit, Mr, Gun Control Locations: Austin, Las Vegas, ”, “, Texas

☆ Supreme Court lets West Point continue considering race as part of admissions
▼ + stars: | 2024-02-02 | by ( Devan Cole | ) edition.cnn.com time to read: +6 min

Washington CNN —The Supreme Court said Friday that the United States Military Academy at West Point can continue considering race as a factor in its admissions process while a legal challenge to the practice plays out. Last week, SFFA asked the high court to step in on an emergency basis to block West Point from considering race in its admissions process as the litigation unfolds. “For now, the only question is what should happen as this case proceeds – who should bear the burden of the status quo,” attorneys for SFFA told the Supreme Court. “Every year this case languishes in discovery, trial, or appeals, West Point will label and sort thousands more applicants based on their skin color – including the class of 2028, which West Point will start choosing in earnest once the application deadline closes on January 31. Or should West Point bear the burden of temporarily complying with the Constitution’s command of racial equality?” they added in part.

Persons: SFFA, Biden, “, midstream, Elizabeth Prelogar, Prelogar, ”, Philip M, Halpern, it’s, ’, Court’s, John Roberts, Richard Bennett, CNN’s Jamiel Lynch Organizations: Washington CNN, United States Military Academy, Fair, Harvard, University of North, US Naval Academy, Supreme, “, Army, West, Naval Academy Locations: University of North Carolina, “, New York, West, Maryland

WASHINGTON (AP) — The Supreme Court is allowing West Point to continue taking race into account in admissions, while a lawsuit over its policies continues. The justices on Friday rejected an emergency appeal seeking to force a change in the admissions process at West Point. The military academy had been explicitly left out of the court’s decision in June that ended affirmative action almost everywhere in college admissions. Lower courts had declined to block the admissions policies at both schools while the lawsuits are ongoing. Only the West Point ruling has been appealed to the Supreme Court.

Persons: West, ”, Elizabeth Prelogar, Biden Organizations: WASHINGTON, Constitution, Harvard University, University of North, Fair, Harvard, U.S . Military Academy, West, U.S . Naval Academy, Supreme, Long, Army, Justice Department, United States Military Academy, Biden administration’s Locations: West, U.S, University of North Carolina, North Carolina, “, Hudson, New York City, New York, Atlanta, Detroit

☆ Supreme Court declines to immediately block West Point from considering race in admissions process
▼ + stars: | 2024-02-02 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +3 min

(Photo by M. Anthony Nesmith/Icon Sportswire via Getty Images)WASHINGTON — The Supreme Court on Friday allowed West Point to continue to consider race in its admissions process for now, rebuffing a request made by a conservative group. The group says that its membership includes two "full qualified, but white" West Point applicants. In asking the Supreme Court to immediately intervene, the challengers said that West Point's program is inconsistent with the Supreme Court's ruling last year. West Point has been considering applications since August and has already made hundreds of offers, Prelogar said. Lower courts declined to immediately prevent West Point considering race while the litigation proceeds.

Persons: Anthony Nesmith, WASHINGTON —, Elizabeth Prelogar, Prelogar Organizations: Army, 124th Army, Navy, Gillette, Getty Images, WASHINGTON, Fair, Harvard, University of North, U.S . Army, Naval Academy, Air Force Academy Locations: Foxborough, University of North Carolina, New York, Maryland, Colorado, West

☆ Supreme Court Justice Neil Gorsuch has a grudge against federal agencies. He holds their fate in his hands
▼ + stars: | 2024-01-17 | by ( Joan Biskupic | ) edition.cnn.com time to read: +12 min

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

The 1984 decision states that when laws aren’t crystal clear, federal agencies should be allowed to fill in the details as long as they come up with a reasonable interpretation. At least four justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — have questioned the Chevron decision. Defending the rulings that upheld the fees, the Biden administration said that overturning the Chevron decision would produce a “convulsive shock” to the legal system. Environmental, health advocacy groups, civil rights organizations, organized labor and Democrats on the national and state level are urging the court to leave the Chevron decision in place. Conservative interests that also intervened in recent high court cases limiting regulation of air and water pollution are backing the fishermen as well.

Persons: Donald Trump’s, John Paul Stevens, Trump, — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh —, Chevron, Biden, Elizabeth Prelogar, Ketanji Brown Jackson Organizations: WASHINGTON, Chevron, Marine Fisheries Service Locations: Rhode, New Jersey, Rhode Island

☆ Trump’s appointees are poised to give conservatives another long-sought reversal
▼ + stars: | 2024-01-17 | by ( Joan Biskupic | ) edition.cnn.com time to read: +8 min

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

☆ Agencies’ Power Under Scrutiny in Supreme Court Arguments
▼ + stars: | 2024-01-17 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

The Supreme Court will hear arguments on Wednesday over whether to overturn a key precedent, one that has empowered executive agencies and frustrated business groups hostile to government regulation. The doctrine takes its name from a 1984 decision, Chevron v. Natural Resources Defense Council, one of the most cited cases in American law. Discarding it could threaten regulations in countless areas, including the environment, health care, consumer safety, nuclear energy and government benefit programs. It would also transfer power from agencies to Congress and the courts. “Overruling Chevron,” Solicitor General Elizabeth B. Prelogar wrote in a Supreme Court brief defending the doctrine, “would be a convulsive shock to the legal system.”

Persons: Elizabeth B, Prelogar Organizations: Chevron, Natural Resources Defense Council, ”

☆ US Supreme Court to scrutinize controversial opioid crisis settlement that would give Sackler family immunity
▼ + stars: | 2023-12-04 | by ( Samantha Delouya | ) edition.cnn.com time to read: +7 min

Barring individual victims from pursuing their own lawsuits against the Sackler family “raises serious constitutional questions,” the department argued. OxyContin’s commercial success helped the Sackler family earn billions of dollars and the family became known for philanthropy around the world. As the country’s opioid crisis worsened, attention shifted to the role played by Purdue Pharma and the Sackler family. Many of the suits allege that the Sackler family knew of OxyContin’s addictive properties but, nevertheless, continued to promote the drug. The Supreme Court hearing comes at a time of devastating losses due to drug overdoses in the US.

Persons: Los Angeles CNN —, Sackler, Mortimer, Raymond Sackler, “, George Frey, Elizabeth Prelogar, ” Anthony Casey, , –, Purdue Frederick, ” Lindsey Simon, ” Organizations: Los Angeles CNN, Purdue, New, US, US Justice Department, Purdue Pharma, Supreme, Knoa Pharma, Purdue Pharma L.P, Bloomberg, Sackler, ”, University of Chicago, school’s, Law, Finance, Guggenheim, Centers for Disease Control, “, Emory University Locations: New York, Purdue, Provo , Utah, U.S, United States, Paris

☆ Supreme Court questions opioid liability protections for Sackler family
▼ + stars: | 2023-12-04 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +4 min

WASHINGTON — Members of the Supreme Court seemed conflicted on Monday over whether to allow the bankruptcy reorganization of opioid maker Purdue Pharma, which includes a provision that protects the Sackler family from liability from future lawsuits. During the oral argument, justices expressed skepticism that a bankruptcy court had legal authority to release the Sacklers from potential legal claims. No Sackler family member has had any involvement in the company since 2019. The company sought bankruptcy protection, but the Sackler family members did not. She added that it would be "an extraordinary thing" if the court allowed the family to "basically subvert" the bankruptcy process.

Persons: Sackler, Pharm, Biden, Neil Gorsuch, Brett Kavanaugh, Elena Kagan's, Kagan, Pratik Shah, Elizabeth Prelogar Organizations: WASHINGTON, Purdue Pharma, New York's Southern, Federal Court, Purdue Locations: New York's, White Plains

In Dobbs, the conservative justices said that a right to abortion was not explicit in constitutional text and was not deeply rooted in the history or traditions of this country. In withdrawing the longstanding right to abortion, the court relied on a history in which women were not considered full members of the polity to justify imposing on women today a crabbed vision of equal citizenship. In this regard, Rahimi is not only a sequel to Bruen, but also a sequel to Dobbs. The court may seem poised to uphold the law, but the conservative justices did not appear interested in revisiting the history-and-tradition test announced in Bruen. Only Justices Elena Kagan and Ketanji Brown Jackson appeared openly skeptical of the test.

Persons: Dobbs, Rahimi, Elizabeth Prelogar, Elena Kagan, Ketanji Brown Jackson, Justice Jackson, we’re Locations: Bruen

☆ Live updates: Supreme Court oral arguments on Second Amendment gun rights
▼ + stars: | 2023-11-07 | by ( Dan Berman | Devan Cole | ) edition.cnn.com time to read: +2 min

She asked Prelogar directly for “useful guidance” SCOTUS can give “about the methodology that Bruen requires be used and how that applies to cases even outside of this one?" Prelogar suggested three things the court can do. First, lower courts have “embraced the idea that the only thing that matters under Bruen is regulation. “And I think that comes very close to requiring us to have a dead ringer when Bruen itself said that's not necessary. The way constitutional interpretation usually precedes is to use history and regulation to identify principles, the enduring principles that define the scope of the Second Amendment right.

Persons: Elena Kagan, Prelogar, SCOTUS, ” Prelogar, Bruen, that's, ” Locations: “

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