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Recently, the Supreme Court justices Sonia Sotomayor and Amy Coney Barrett spoke together publicly about how members of the court speak civilly to one another while disagreeing, sometimes vigorously, about the law. Considerable disagreements on professional matters among the Supreme Court justices, important as they are, remain professional, not personal. They found some, and Justice Ginsburg wore them ever after. At about the same time, Justice O’Connor reminded me that our chief justice, William Rehnquist, had decided that he, too, needed something distinctive on his black robe. Justice O’Connor found at a European bookstall a picture of Lorenzo de’ Medici wearing similar stripes.
Persons: Sonia Sotomayor, Amy Coney Barrett, Sandra Day O’Connor, Ruth Bader Ginsburg, Justice Ginsburg, O’Connor, William Rehnquist, Gilbert, Sullivan’s, , Lorenzo de ’ Medici
Retired Supreme Court Associate Justice Stephen Breyer is worried about a divided America. It concerns many, including retired Supreme Court Associate Justice Stephen Breyer. Attentive listening to the opposing view often "increased the chances of agreement or compromise," Breyer wrote. Though he was one of the broadly liberal justices, Breyer described playing games of bridge with right-leaning Chief Justice William Rehnquist, Justice Anthony Kennedy, Justice Sandra Day O'Connor, and their spouses. "What works for nine people with lifetime appointments won't work for the entire nation, but listening to one another in search of a consensus might help," Breyer wrote.
Persons: Stephen Breyer, Breyer, , William Rehnquist, Anthony Kennedy, Sandra Day O'Connor, Gen Organizations: New York Times, Service, The New York Times Locations: America, Gaza, Ukraine
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
Supporters of the state laws say they foster free speech, giving the public access to all points of view. One contrarian brief, from liberal professors, urged the justices to uphold the key provision of the Texas law despite the harm they said it would cause. “Social media platforms exercise editorial judgment that is inherently expressive,” Judge Kevin C. Newsom wrote for the panel. To the surprise of many, some prominent liberal professors filed a brief urging the justices to uphold a key provision of the Texas law. In the second case, Miami Herald v. Tornillo, the Supreme Court in 1974 struck down a Florida law that would have allowed politicians a “right to reply” to newspaper articles critical of them.
Persons: Samuel A, Alito Jr, , Scott Wilkens, Ron DeSantis, John Tully, Donald J, Trump, Greg Abbott of, , Ken Paxton, , Andrew S, Oldham, Kevin C, Newsom, Lawrence Lessig, Tim Wu of, Teachout, Mandel Ngan, Richard L, “ Florida’s, Moody, Paxton, Robins, William H, Rehnquist, Pat L, Tornillo, Warren E, Burger Organizations: Facebook, YouTube, Columbia University, Big Tech, The New York Times, Gov, Republican, Computer & Communications Industry, New York Times, Fox News, U.S ., Appeals, Fifth Circuit, ISIS, Harvard, Tim Wu of Columbia, Zephyr, Fordham, Twitter, Manchester Union, Citizens United, Agence France, University of California, Miami Herald, Florida, Representatives, Constitution Locations: Florida, Texas, Greg Abbott of Texas, Ukraine, Los Angeles, Campbell , Calif
By Kanishka SinghWASHINGTON (Reuters) - Robert Hur, the special counsel appointed to investigate whether President Joe Biden improperly handled sensitive government documents, is a former high-ranking Justice Department official with experience in prosecuting sensitive leak investigations. On Thursday, he concluded that probe and found that Biden retained classified materials about Afghanistan after leaving the vice presidency in 2017 but said he will not be criminally charged. Hur was appointed by Donald Trump in 2018 as the chief federal law enforcement officer in Maryland and left that position in early 2021. Under Hur, the Maryland U.S. attorney's office prosecuted the case of former National Security Agency contractor Harold Martin, who stole huge amounts of classified material from U.S. intelligence agencies. A graduate of Stanford Law School and Harvard College, Hur served as top aide to then-Deputy Attorney General Rod Rosenstein before his appointment as the U.S. attorney in Maryland.
Persons: Kanishka Singh WASHINGTON, Robert Hur, Joe Biden, Biden, General Merrick Garland, Hur, Trump, Gibson, Dunn, Garland, Washington . Hur, Donald Trump, Harold Martin, Martin, Rod Rosenstein, William Rehnquist, Christopher Wray, Kanishka Singh, Gram Slattery, Heather Timmons, Jonathan Oatis, Lisa Shumaker Organizations: U.S, Maryland U.S, National Security Agency, Stanford Law School, Harvard College, Supreme, Justice Department, FBI Locations: Afghanistan, U.S, Maryland, Delaware, Washington
Former Supreme Court Justice Sandra Day O'Connor has died, the Supreme Court announced. AdvertisementFormer Supreme Court Justice Sandra Day O'Connor, who became the first woman to serve on the nation's highest court, died on Friday, the high court announced. Before her tenure on the nation's top court, O'Connor served as the Republican leader of the Arizona Senate. O'Connor retired from the Supreme Court in 2005O'Connor announced her retirement in 2005 after her husband was diagnosed with Alzheimer's. Former Supreme Court Justice Sandra Day O'Connor testifies before the Senate Judiciary Committee on July 25, 2012 in Washington, DC.
Persons: Sandra Day O'Connor, O'Connor, , John Roberts, " O'Connor, Roberts, Ronald Reagan, William Rehnquist, Rehnquist, John O'Connor, Sandra Day, David Hume Kennerly, Reagan, Casey, Gore, T.J . Kirkpatrick, Samuel Alito, George W, Bush, iCivics Organizations: Supreme, Service, trailblazer, Republican, The Associated Press, US, New, Associated Press, Stanford University, Stanford, Maricopa Superior Court, Court, Senate, Bollinger, Alzheimer's, Former Locations: Phoenix , Arizona, Arizona, New Mexico, Washington , DC, Maricopa, Washington, DC, Bush, Washington ,
5 Books to Read About Sandra Day O’Connor
  + stars: | 2023-12-01 | by ( Wilson Wong | ) www.nytimes.com   time to read: +3 min
Readers see a justice who was aware of the significance of her position, and who knew what she wanted her legacy to be. “For anyone interested in the court, women’s history or both, the story of Sandra Day O’Connor and Ruth Bader Ginsburg, their separate routes to the Supreme Court and what they accomplished during the more than 12 years they spent together is irresistible,” Greenhouse wrote in her review. “Did Justices O’Connor and Ginsburg really change the world? As David Margolick wrote in the Book Review, “O’Connor was clearly Toobin’s most important source. She’s also — readers can decide if it’s coincidental — his hero: the justice, he argues, who through her pragmatic, seat-of-the-pants jurisprudence single-handedly kept the court close to the American mainstream, particularly on matters like reproductive freedom and affirmative action.” (2007)
Persons: Jeffrey Toobin, , ’ ”, Sandra Day O’Connor, Alan Day O’Connor, Linda Greenhouse, Sandra Day, prim, Ruth Bader Ginsburg, Linda Hirshman, O’Connor, Ginsburg, ” Greenhouse, , Sandra Day O’Connor O’Connor, Michiko Kakutani, , William Rehnquist, David Margolick, “ O’Connor Organizations: Phoenix Junior League, United States Supreme, Supreme, New Yorker, CNN Locations: American, Arizona, New Mexico, States
CNN —Former Justice Sandra Day O’Connor, who blazed trails as the first woman to sit on the Supreme Court, has died, the court announced Friday morning. O’Connor inspired generations of female lawyers – including the five women who served after her nomination on the high court. O’Connor stepped down from the court in 2006 to care for her husband who was ailing from Alzheimer’s disease. Key vote on abortion, affirmative action, Bush v. GoreDuring her tenure, the court for a time was known informally as the “O’Connor Court” because she served as the deciding vote in so many controversial cases. O’Connor was well aware of the symbolism of her place in history as the first female justice.
Persons: Sandra Day O’Connor, O’Connor, John Roberts, , Ronald Reagan, Ruth Bader Ginsburg, George W, Bush, Samuel Alito, William Rehnquist, John O’Connor, , ” O’Connor, James Forman, ’ ” Forman, Gore, Casey, Donald Trump’s, O’Conner, Marci Hamilton, ” Hamilton, Alito, Roe, Wade Organizations: CNN, , Stanford University, Stanford Law School, Maricopa County Superior Court, of Appeals, University of Michigan, Supreme Court, Republican Locations: Arizona, Maricopa County
[1/5] U.S. Supreme Court Justice Sandra Day O'Connor speaks during an interview with Reuters Editor-in-Chief Stephen Adler at the 92nd Street Y in New York March 15, 2012. Chief Justice John Roberts recalled O'Connor as having "blazed an historic trail as our nation’s first female justice." "We at the Supreme Court mourn the loss of a beloved colleague, a fiercely independent defender of the rule of law, and an eloquent advocate for civics education." Her 1981 appointment by Republican President Ronald Reagan made her the Supreme Court's first woman justice nearly two centuries after the Supreme Court was established in 1789 but her place in history went beyond breaking men-only barriers. The Supreme Court, which has had a 6-3 conservative majority since 2020, overturned the landmark Roe ruling in 2022.
Persons: Sandra Day O'Connor, Stephen Adler, Shannon Stapleton, Sandra Day O’Connor, O'Connor, John Roberts, Roberts, George W, Bush, Samuel Alito, Ronald Reagan, you’ve, Roe, Wade, Republican George W, Democrat Al Gore, O’Connor, Harry, Ada Mae, Rehnquist, John, Warren Burger, Reagan, Jimmy Carter, Justice Potter Stewart, , Barack Obama, Bill Trott, Daniel Wallis Organizations: U.S, Supreme, Reuters, REUTERS, Rights, Republican, Democrat, Chicago Tribune, Stanford University, Arizona, Democratic, Senate, Ladies, White, Thomson Locations: New York, Phoenix, Arizona, Georgia, Texas, Florida, El Paso , Texas, Los Angeles, San Mateo County , California, United States, West, Reuters Washington
Weeks later, Mr. Trump is the former President Trump. Instead, in a brief televised address shortly before 2:30 a.m., Mr. Trump furiously laid down his postelection lie. For weeks, Mr. Trump had been peppering him with tips of fraud that, upon investigation by federal authorities, proved baseless. The cavalry “is coming, Mr. President,” Kylie Kremer tweeted to Mr. Trump on Dec. 19. On Jan. 15, Mr. Trump acquiesced to an Oval Office meeting with Mr. Lindell, who arrived with two sets of documents.
Persons: Donald J, Trump, Joseph R, Biden, Justin Clark, Rudolph W, Giuliani, Clark, Weeks, Mitch McConnell, McConnell, Jared Kushner, McConnell’s, Biden’s, William P, Barr, Mr, Trump’s, Sidney Powell, Lin Wood, sleuths, MyPillow, Mike Lindell, Patrick Byrne, Stephen K, Bannon, Michael T, Flynn, platformed, Jared Taylor, Enrique Tarrio, Doug Mills, Eric, “ We’re, , Fox, Eric Trump, Newt Gingrich, Joe Biden’s, Kevin McCarthy, Laura Ingraham, Obama, Dennis Montgomery, Thomas McInerney, McInerney, John McCain, Bannon’s, “ it’s, Paul Gosar, Doug Ducey, Roy Blunt of, Roy Blunt, Anna Moneymaker, , , ” Mr, Mark Meadows, Josh Holmes, Kushner, — Mr, Mitt Romney, Lisa Murkowski, Lindsey Graham, Sean Hannity, Lindsey Graham of, Sean Hannity’s, — I’ve, Let’s, Graham, Pat A, Axios, Brendan Smialowski, “ Hannity, Thomas, Jenna Ellis, Matt Morgan, Al Gore, George W, Bush, Brooks, Stefan Passantino, Powell, Lynsey Weatherspoon, Gore, William H, Rehnquist, Giuliani —, Kris Kobach, Mark Martin, Lawrence Joseph, Kobach, Uncle Sam, Mr . Biden, Ken Paxton, Jeffrey M, Landry, Paxton, Kyle D, Hawkins, Jacquelyn Martin, Joseph, Richard L, Chris Carr, Carr, Mike Johnson of, Mike Johnson, McCarthy, Privately, Ted Cruz of, John Sauer, , ” James E, Nicolai, North, Wayne Stenehjem, Stenehjem, Wayne, Tasos Katopodis, MAGA, Marjorie Taylor Greene, Marsha Blackburn of, Ms, Blackburn, Amy Kremer, Ann Stone, Roger Stone, Amy Coney Barrett, Kremer’s, Kylie Jane Kremer, Jennifer Lawrence, Dustin Stockton, Lawrence, Stockton, I’ve, Lindell, they’d, Taylor, Greg Locke, Covid, Michael McKinney, Tucker Carlson, Carlson’s, “ Donald Trump, ” Ms, Meadows, Georgia runoffs, Byrne, Cipollone, he’d, Martin, Mike Pence, reconvene, ” Kylie Kremer, James Yeager, Kylie Kremer, Yeager’s, Lawrence whooped, John Kennedy, James Lyle, Josh Hawley, “ You’ve, Lyle, Couy Griffin, Kennedy, Pete Marovich, Kremer, Julie Jenkins Fancelli, Alex Jones, Caroline Wren, Kimberly Guilfoyle, Donald Trump Jr, Katrina Pierson, Brad Raffensperger, Jeffrey A, Rosen, Department’s, Jeffrey Clark, Scott Perry, Hawley, Cruz, Year’s, Tom Cotton of, Cotton, Cindy Chafian, Chafian, Jones, Stone, Locke, Jan, “ You’ll, Gosar, Griffin, Robert O’Brien, I’m, ’ ”, Kenny Holston, Donald Trump, ” Mark Walker, Ben Margot, Stefani Reynolds, Samuel Corum, Erin Schaff, David J, Ted Cruz, John Bazemore Organizations: Twitter, Dominion Systems, Trump, Biden, Dominion, New, New York City, The New York Times, Senate, New York, Republican Party, Capitol, White, Times, The Times, America News Network, Fox, America, Boys, New York Times, American, Air Force, Electoral College, Republicans, Joe Biden’s Democratic Party, Republican, Facebook, Democrats, Associated Press, “ Fox & Friends, White House, West Wing, , Federal Bureau of Investigation, Veritas, Justice Department, Postal Service, York Daily, Agence France, Zignal Labs, Amistad, Thomas More Society, Mr, Electoral, Supreme, Lawyers, General Association, Associated, State, University of California, Republican House, Women, Tea Party, Trump -, Breitbart, of, Credit, SPAN, Tea Party Express, Republican National Committee, Internet, Army, Des Moines Register, Marine, General Services Administration, Swedish, Cowboys, Capitol ., Street Journal, Save, General Association ., Law Defense Fund, Freedom, Coalition, Proud Boys, Willard, Homeland Security, Party, Getty, Georgia Electoral College Locations: Detroit, Arizona, Georgia, New York, America, China, Trump, Grand Rapids, Mich, Philadelphia, Atlanta, Milwaukee, Santa Cruz ,, Arizona —, Russia, North Vietnam, United States, Roy Blunt of Missouri, Kentucky, Utah, Alaska, Lindsey Graham of South Carolina, Erie, Pa, Pennsylvania, Long, Bush, Florida, tightest, Kansas, North Carolina, Ken Paxton of Texas, Texas, State of Texas, Michigan, Wisconsin, Irvine, Mike Johnson of Louisiana, Ted Cruz of Texas, Missouri, Washington, Marsha Blackburn of Tennessee, Trump’s, Hudson, Stockton, Tennessee, Des Moines, Meadows, White, fistfights, Nashville, West Monroe, La, Louisiana, drumbeating, Tom Cotton of Arkansas, Delaware
Chief Justice John Roberts voted with the liberals on the Supreme Court in key cases this term. Hardline conservatives have soured on the chief justice for his opinions siding with the Court's liberal justices in recent years. "Roberts' is the one whose name will be attached to this — it is the Roberts Court. The Times found in this term, the chief justice voted less often with the conservative majority and voted with liberal Justice Elena Kagan 14% more than the last term. "And I think Roberts perhaps has more of a concern with that kind of perspective because he's in the Court's center chair, because his name is attached to it, because it's his legacy."
Persons: John Roberts, SCOTUS, Roberts, , Roberts —, George W, Bush, William Rehnquist —, Justin Crowe, Crowe, I'm, Clarence Thomas, Samuel Alito, hasn't, Elena Kagan Organizations: Service, GOP, Williams University, Washington Post, The New York Times, Times
The justices ruled on a 6-3 vote that the North Carolina Supreme Court was acting within its authority in concluding that the map constituted a partisan gerrymander under the state constitution. As a result of the North Carolina Supreme Court's ruling, that map is likely to tilt heavily toward Republicans. The North Carolina case was being closely watched for its potential impact on the 2024 presidential election. Republicans led by Tim Moore, the speaker of the North Carolina House of Representatives, invoked the theory after the state Supreme Court struck down the congressional district map in February of last year. Moore and other Republicans immediately asked the Supreme Court to reinstate the maps, saying the state court had overstepped its authority.
Persons: William Rehnquist, Gore, Republican George W, Bush's, Donald Trump, Tim Moore, Moore, John Eastman, Mike Pence, Joe Biden's, Biden's Organizations: Republicans, North Carolina, Democratic, Supreme, Republican, North Carolina House of, U.S, Democrats Locations: North Carolina, Bush, Carolina,
CNN —Justice Sandra Day O’Connor provided the early framework that steered the outcome in the dispute over the 2000 presidential election and ensured George W. Bush would win the White House over Al Gore, Supreme Court documents released on Tuesday show. They also demonstrate the tension among the nine justices being asked to decide a presidential election on short deadlines. The five conservative justices (O’Connor, Kennedy, Rehnquist, Antonin Scalia and Clarence Thomas) sided with Bush. The Florida results had been too close to call at the end of Election Day, November 7. The next day, Kennedy wrote to the chief justice, “Sandra’s memorandum sets forth a very sound approach” and said he wanted to build on it.
Five decades ago, Jim Ziglar witnessed the landmark Roe v. Wade decision take shape inside the Supreme Court chambers. Jim Ziglar, center left, clerked for Justice Harry Blackmun, center right, in 1972-1973, the session in which Blackmun wrote the landmark majority decision for Roe v. Wade. Blackmun, Frampton said, "really wanted to become an expert in the history of abortion and the history of abortion law." The Supreme Court clerks who served in the 1972-1973 session, in which the Roe v. Wade decision was handed down. Richard Hoffman and Rhesa Barksdale worked as clerks for Supreme Court Justice Byron White in the 1972-1973 session, in which White wrote the dissenting opinion in the landmark Roe v. Wade decision.
Two Presidents, Two Special Counsels
  + stars: | 2023-01-13 | by ( The Editorial Board | ) www.wsj.com   time to read: 1 min
Hear that quacking sound from Washington? It’s Attorney General Merrick Garland ’s latest duck. Faced with news that classified documents were recently found not only in a private office of President Biden’s but also his Delaware home, including in the garage, Mr. Garland on Thursday named another special counsel. “I strongly believe that the normal processes of this department can handle all investigations with integrity,” Mr. Garland said. “But under the regulations, the extraordinary circumstances here require the appointment of a special counsel.” He claimed this would make clear the Justice Department’s “commitment to both independence and accountability.” The new special counsel is Robert Hur , who clerked for Chief Justice William Rehnquist before starting a career as a federal prosecutor.
REUTERS/Michael A. McCoyWASHINGTON, Jan 13 (Reuters) - U.S. Attorney General Merrick Garland on Thursday named Robert Hur as special counsel to investigate whether President Joe Biden had improperly handled sensitive government documents. Hur was the U.S. attorney in Maryland during the Trump administration and most recently served as litigation partner at law firm Gibson, Dunn & Crutcher. A graduate of Stanford Law School and Harvard College, Hur served as top aide to then-Deputy Attorney General Rod Rosenstein before his appointment as the U.S. Attorney in Maryland. He knows what he is getting into," Rosenstein told CNN on Thursday after Hur's appointment as special counsel. "I will conduct the assigned investigation with fair, impartial, and dispassionate judgment," Hur said in a statement released after his appointment as special counsel.
WASHINGTON — Robert Hur, named Thursday by Attorney General Merrick Garland to oversee the investigation into President Joe Biden's handling of classified documents, is a former federal prosecutor who has worked with many Republicans throughout his law enforcement career. Garland appointed Hur as special counsel on Thursday after the White House acknowledged that Obama administration documents with classified markings were found in one of Biden’s Delaware homes. On Monday, the White House said that similar documents had been found in a Washington office. Hur has served as a partner at the law firm Gibson, Dunn & Crutcher since April 2021 where he has focused on enforcement, investigations and litigation. In between his jobs at the Justice Department, Hur worked at another private law firm, King & Spalding.
In their appeal to the Supreme Court, the Republicans argued that North Carolina's top court usurped their authority by throwing out the map. In that context - a fight over counting ballots in Florida - Rehnquist said the U.S. Constitution limits the authority of state courts. "This court has never second-guessed state court interpretations of their own constitution," said Katyal. Thomas Wolf, an attorney at New York University School of Law's Brennan Center for Justice, said if the Supreme Court gives itself too much leeway to intervene in state court disputes, it risks appearing politically motivated and lawless. The Supreme Court's ruling is due by the end of June.
In a rare bright spot for democracy in the wake of the US Capitol insurrection, Walker – unlike Trump after 2020 – conceded his loss. But looking to the next election, there’s a brewing fight over which states should have the first say in the presidential primary process. The most core question raised this week is being put to Supreme Court justices. Removing a check from the systemThe leap from Trump’s call to end the Constitution to the independent state legislature theory isn’t that far. Under the map approved by the state Supreme Court and after last month’s midterm elections, the delegation will be an even 7-7 when the new Congress is seated in January.
Another state court then replaced that map with one drawn by a bipartisan group of experts. Conservative Chief Justice John Roberts wondered whether such broadly worded provisions provide proper "standards and guidelines" for state courts to apply. The Republican lawmakers argued that the state court usurped the North Carolina General Assembly's authority under that provision to regulate federal elections. Justice Brett Kavanaugh emphasized the "historical practice" that "nearly all state constitutions regulate federal elections in some way." David Thompson, arguing for the North Carolina lawmakers, said the Constitution "requires state legislatures specifically to perform the federal function of prescribing regulations for federal elections.
The position of others including Chief Justice John Roberts was harder to read, raising the possibility of a ruling less broad than the Republican state lawmakers pursuing the appeal seek. The Republican lawmakers are asking the Supreme Court to embrace a once-marginal legal theory that has gained favor among some conservatives called the "independent state legislature" doctrine. The Republican lawmakers have argued that the state court unconstitutionally usurped the North Carolina General Assembly's authority to regulate federal elections. Thompson also argued that state constitutions cannot impose substantive limits on the actions of legislatures on federal elections. A lower state court subsequently rejected the legislature's redrawn map and adopted one drawn by a bipartisan group of experts.
The House Jan. 6 committee obtained hundreds of thousands of internal Secret Service emails. Before the new revelations, the Secret Service was already at the center of the committee's investigation. The panel is also looking into how the Secret Service lost countless other records from January 6, reportedly including agents' text messages. Anthony Guglielmi, chief of communications for the Secret Service, has said there was no malicious intent behind the messages' deletion. Secret Service agent Larry Cockell (left) was forced to testify in an investigation into then-President Bill Clinton.
Former federal judge Gregg Costa is about to join Gibson Dunn in a senior role, Insider has learned. Gregg Costa, a prosecutor-turned-federal judge who announced that he would return to private practice earlier this year, is joining Gibson Dunn, a person familiar with the matter told Insider. Costa clerked for the conservative Supreme Court justice William Rehnquist and was appointed by President Barack Obama, first as a district court judge in Galveston, Texas and later as an appeals judge. Before becoming a judge, Costa was an associate attorney at the law firm Weil Gotshal & Manges and a federal prosecutor in the Southern District of Texas. Federal courts in Texas and the Fifth Circuit have been top legal battlegrounds for President Joe Biden.
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