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How Election Deniers Claimed the Upside-Down Flag
  + stars: | 2024-05-17 | by ( Michael Levenson | ) www.nytimes.com   time to read: +1 min
It has been a widely recognized symbol of distress since the nation’s founding, when sailors turned the American flag upside down to signal that their ships were sinking, on fire or trapped in ice. But over time, the upside-down American flag became a symbol brandished more often by protesters across the political spectrum to signal that they believed the nation itself was in grave peril. After President Biden won the 2020 election, supporters of former President Donald. J. Trump rallied around the inverted flag, displaying it at their homes, on their cars and on social media to show that they believed Mr. Trump’s lie that the election was stolen. At the time, the Supreme Court was still contending with whether to hear a 2020 election case.
Persons: Biden, Donald . J, Trump, Samuel A, Alito Jr Organizations: New York Times Locations: Alexandria, Va
In coming weeks, the Supreme Court is expected to issue two key decisions involving the storming of the Capitol on that day. The cases will shape the degree to which former President Donald J. Trump can be held accountable for his efforts to subvert the election. “These cases were always going to be seen through an ideological and partisan lens,” Michael C. Dorf, a Cornell law professor and former clerk to Justice Anthony Kennedy, said in an interview. An upside-down flag, a popular symbol with Trump supporters contesting President Biden’s victory, appeared on Justice Alito’s front lawn in January 2021, The New York Times reported based on photographs and interviews with neighbors. It hung on the Alitos’ flagpole days before the inauguration, a little over a week after the Capitol riot and while the Supreme Court was considering taking up an election case.
Persons: Samuel A, Alito Jr, Donald J, Trump, Michael C, Anthony Kennedy, , you’ve, Clarence Thomas’s, Virginia Thomas, Biden’s Organizations: Capitol, Cornell, Republican Party, Trump, The New York Times
The justice has said that his wife put up the flag in response to a neighbor’s anti-Trump yard sign. It is the most recent disclosure about the Supreme Court to fuel concerns about impartiality and the appearance of bias. Some of those controversies have involved Justice Alito. That billionaire later had cases before the Supreme Court. In September, Justice Alito rejected demands for recusal in a major tax case after he gave interviews to one of the lawyers involved, David Rivkin, for The Wall Street Journal’s editorial page.
Persons: Joseph R, Biden, Samuel A, Alito Jr, Alito, Justice Alito, David Rivkin Organizations: Trump, recusal Locations: Virginia
It is a tale as old as Adam and Eve: A husband, faced with accusations of misconduct, blames the wife. It is also a time-honored, bipartisan political strategy. This week, Justice Samuel A. Alito Jr. and Senator Bob Menendez of New Jersey pointed ringed fingers at their wives for episodes that have landed each man in political or legal trouble. The justice’s wife, Martha-Ann Alito, was in a feud with neighbors at the time over an anti-Trump sign, The Times reported. In the case of Mr. Menendez, a Democrat, it was his lawyer who did the finger pointing.
Persons: Adam, Samuel A, Alito Jr, Bob Menendez, Alito, , Donald J, Trump’s, Biden’s, Martha, Ann Alito, Menendez, Avi Weitzman Organizations: Bob Menendez of New, New York Times, Times, Democrat Locations: Bob Menendez of, Bob Menendez of New Jersey, Manhattan
But the ruling falls far short of eliminating the bureau’s legal obstacles. Immediately after the ruling was announced, lawyers for the bureau, which is charged with preventing consumer abuse in the financial industry, began preparing dozens of legal filings to try to unfreeze its activities. Among them are requests to federal judges to end stays on new rules and on subpoenas to financial firms. While the Supreme Court’s ruling should resolve a few of the stays, the bureau will still struggle to overcome other roadblocks. He noted that Justice Samuel A. Alito Jr.’s dissent cited three recent consumer bureau actions that, in Justice Alito’s view, would be “major changes” in consumer protection law.
Persons: , Graham Steele, Samuel A, Alito Jr, , Alito’s Organizations: Consumer, Treasury Department
The upside-down flag was aloft on Jan. 17, 2021, the images showed. President Donald J. Trump’s supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Word of the flag filtered back to the court, people who worked there said in interviews. While the flag was up, the court was still contending with whether to hear a 2020 election case, with Justice Alito on the losing end of that decision. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances for re-election in the upcoming one.
Persons: Biden, Samuel A, Alito Jr, Donald J, Trump’s, Biden’s, Justice Alito, Trump Organizations: Trump, Supreme, Capitol, The New York Times Locations: Alexandria, Va
Justice Samuel A. Alito Jr. warned on Saturday that freedom of speech was under threat at universities and that freedom of religion was in peril in society at large. “Troubled waters are slamming against some of our most fundamental principles,” he said. He made his remarks at a commencement ceremony at the Franciscan University of Steubenville in Ohio, a Catholic institution. “Support for freedom of speech is declining dangerously, especially where it should find deepest acceptance,” he said. A university, he said, should be “a place for reasoned debate.” But he added that “today, very few colleges live up to that ideal.”
Persons: Samuel A, Alito Jr, Organizations: Franciscan University of Steubenville Locations: Ohio
The Major Supreme Court Cases of 2024No Supreme Court term in recent memory has featured so many cases with the potential to transform American society. In 2015, the Supreme Court limited the sweep of the statute at issue in the case, the Sarbanes-Oxley Act of 2002. In 2023, the Supreme Court temporarily blocked efforts to severely curb access to the pill, mifepristone, as an appeal moved forward. A series of Supreme Court decisions say that making race the predominant factor in drawing voting districts violates the Constitution. The difference matters because the Supreme Court has said that only racial gerrymandering may be challenged in federal court under the Constitution.
Persons: Donald J, Trump, Anderson, Sotomayor Jackson Kagan, Roberts Kavanaugh Barrett Gorsuch Alito Thomas, Salmon, , , Mr, Nixon, Richard M, privilege.But, Fitzgerald, Vance, John G, Roberts, Fischer, Ruth Bader Ginsburg, Clarence Thomas, Samuel A, Alito Jr, Alito, , Moyle, Wade, Roe, Johnson, Robinson, Moody, Paxton, Robins, Media Murthy, Sullivan, Murthy, Biden, Harrington, Sackler, Alexander, Jan, Raimondo, ” Paul D, Clement, Dodd, Frank, Homer, Cargill Organizations: Harvard, Stanford, University of Texas, Trump, Liberal, Sotomayor Jackson Kagan Conservative, Colorado, Former, Trump v . United, United, Sarbanes, Oxley, U.S, Capitol, Drug Administration, Alliance, Hippocratic, Jackson, Health, Supreme, Labor, New York, Homeless, Miami Herald, Media, Biden, National Rifle Association, Rifle Association of America, New York State, Purdue Pharma, . South Carolina State Conference of, Federal, Loper Bright Enterprises, . Department of Commerce, Chevron, Natural Resources Defense, , SCOTUSPoll, Consumer Financial, Community Financial Services Association of America, Securities, Exchange Commission, Exchange, Occupational Safety, Commission, Lucia v . Securities, Federal Trade Commission, Internal Revenue Service, Environmental Protection Agency, Social Security Administration, National Labor Relations Board, Air Pollution Ohio, Environmental, Guns Garland, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Gun Control Locations: Colorado, Trump v . United States, United States, Nixon, Florida, Gulf of Mexico, Dobbs v, Idaho, Roe, Texas, States, New, New York, Grants, Oregon, . California, Martin v, Boise, Boise , Idaho, Missouri, Parkland, Fla, Murthy v . Missouri, . Missouri, ., South Carolina, Alabama, SCOTUSPoll, Lucia v, Western
Before the Supreme Court heard arguments on Thursday on former President Donald J. Trump’s claim that he is immune from prosecution, his stance was widely seen as a brazen and cynical bid to delay his trial. The practical question in the case, it was thought, was not whether the court would rule against him but whether it would act quickly enough to allow the trial to go forward before the 2024 election. Instead, members of the court’s conservative majority treated Mr. Trump’s assertion that he could not face charges that he tried to subvert the 2020 election as a weighty and difficult question. They did so, said Pamela Karlan, a law professor at Stanford, by averting their eyes from Mr. Trump’s conduct. “What struck me most about the case was the relentless efforts by several of the justices on the conservative side not to focus on, consider or even acknowledge the facts of the actual case in front of them,” she said.
Persons: Donald J, Pamela Karlan, Trump’s, , “ I’m, Samuel A, Alito Jr Organizations: Stanford
The Supreme Court will hear arguments on Wednesday about whether Idaho’s near-total abortion ban conflicts with a federal law that protects patients who need emergency care, in a case that would determine access to abortions in emergency rooms across the country. The federal law affects only the sliver of women who face dire medical complications during pregnancy. But a broad decision by the court could have implications for the about 14 states that have enacted near-total bans on abortion since the court overturned a constitutional right to abortion in June 2022. The dispute is the second time in less than a month that the Supreme Court is grappling with abortion. In late March, the justices considered the availability of the abortion pill mifepristone.
Persons: Samuel A, Alito Jr Organizations: Jackson, Health Organization Locations: Idaho’s, Alabama, Dobbs v
The Supreme Court on Monday temporarily allowed a ban to take effect in Idaho on gender-affirming treatment for minors, a signal that at least some justices appear comfortable with wading into another front in the culture wars. In siding with state officials who had asked the court to lift a block on the law, the justices were split, with a majority of the conservative justices voting to enforce the ban over the objections of the three liberal justices. The justices also specified that their decision would remain in place until the appeals process had ended. The court specified that it would allow the ban to apply to everyone except the plaintiffs who brought the challenge. Although orders on the emergency docket often include no reasoning, the decision included concurrences by Justice Neil M. Gorsuch, who was joined by Justices Samuel A. Alito Jr. and Clarence Thomas, and Justice Brett M. Kavanaugh, who was joined by Justice Amy Coney Barrett.
Persons: Neil M, Gorsuch, Samuel A, Alito Jr, Clarence Thomas, Brett M, Kavanaugh, Justice Amy Coney Barrett Organizations: Justice Locations: Idaho
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
The Supreme Court declined on Tuesday to hear a challenge to new admissions criteria at an elite public high school in Virginia that eliminated standardized tests, clearing the way for the use of a policy intended to diversify the school’s student body. As is its custom, the court gave no reasons for turning down the case. Justice Samuel A. Alito Jr. issued a dissent, joined by Justice Clarence Thomas, that was harshly critical of an appeals court’s ruling in the case upholding the new criteria and rejecting the challengers’ argument that they unlawfully disadvantaged Asian Americans. The Supreme Court’s “willingness to swallow the aberrant decision below is hard to understand,” Justice Alito wrote. G. Roberts, quoted an earlier ruling that stated, “what cannot be done directly cannot be done indirectly.”
Persons: Samuel A, Alito Jr, Clarence Thomas, , Alito, , John, G, Roberts Organizations: Harvard, University of North Locations: Virginia, University of North Carolina
U.S. Supreme Court Associate Justice Samuel A. Alito Jr. poses during a group portrait at the Supreme Court in Washington, U.S., October 7, 2022. Such a ruling also could frustrate policies favored by some Democrats, including Senator Elizabeth Warren, for a tax on the net worth - meaning all assets and not just income - of the super-rich. Alito defended the court in articles in the Wall Street Journal's opinion section. The Moores sued the U.S. government in 2019 challenging the mandatory repatriation tax. Circuit Court of Appeals threw out the case, noting that under Supreme Court precedent the "realization of income is not a constitutional requirement."
Persons: Samuel A, Alito Jr, Evelyn Hockstein, Samuel Alito, Charles, Kathleen Moore, Donald Trump, Moores, Elizabeth Warren, Alito, Alito's recusal, David Rivkin Jr, Andrew Chung, Will Dunham Organizations: Supreme, REUTERS, Rights, U.S, Competitive Enterprise Institute, Democratic, Moores, Street, Circuit, Thomson Locations: Washington , U.S, Redmond , Washington, Republican, Constitution's, Bangalore, India, San Francisco
The Supreme Court refused on Thursday to revive a Florida law that banned children from “adult live performances” such as drag shows. The court’s brief order gave no reasons, which is typical when the justices act on emergency applications, and a First Amendment challenge to the law will continue in the lower courts. Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented. Justice Brett M. Kavanaugh, joined by Justice Amy Coney Barrett, issued a statement stressing that the court’s order was addressed to an issue unrelated to the constitutionality of the law. The order, he wrote, “indicates nothing about our view on whether Florida’s new law violates the First Amendment.”
Persons: Clarence Thomas, Samuel A, Alito Jr, Neil M, Gorsuch, Brett M, Kavanaugh, Justice Amy Coney Barrett, Organizations: Justice Locations: Florida
The Senate Judiciary Committee on Thursday abruptly put off its push to subpoena two conservative allies of Justices Samuel A. Alito Jr. and Clarence Thomas as part of a Supreme Court ethics inquiry that has met stiff resistance from Republicans. Facing G.O.P. threats to engage in a bitter, drawn-out fight, Senator Richard J. Durbin, Democrat of Illinois and the panel’s chairman, halted his planned effort to compel cooperation from Leonard Leo, a longtime leader of the Federalist Society, and the billionaire Republican donor Harlan Crow. Mr. Durbin said that Democrats remained united in their desire to force more information from the men about undisclosed luxury travel and other benefits provided to the justices, but that they needed more time to assess a barrage of politically charged amendments that Republicans were planning to offer in an effort to embarrass them and derail the inquiry. Republicans said they planned to draw immigration issues into the fight and require votes to subpoena the staff of Justice Sonia Sotomayor about promoting her personal book sales, along with other hot-button issues.
Persons: Samuel A, Alito Jr, Clarence Thomas, Richard J, Durbin, Leonard Leo, Harlan Crow, Sonia Sotomayor Organizations: Republicans, Federalist Society Locations: Illinois
The Supreme Court on Friday allowed Biden administration officials to continue to contact social media platforms to combat what the officials say is misinformation, pausing a sweeping ruling from a federal appeals court that had severely limited such interactions. The justices also agreed to hear the administration’s appeal in the case, setting the stage for a major test of the role of the First Amendment in the internet era — one that will require the court to consider when government efforts to limit the spread of misinformation amount to censorship of constitutionally protected speech. Three justices dissented from the court’s decision to lift the restrictions on administration officials while the case moves forward. “Government censorship of private speech is antithetical to our democratic form of government, and therefore today’s decision is highly disturbing,” Justice Samuel A. Alito Jr. wrote, joined by Justices Clarence Thomas and Neil M. Gorsuch. Justice Alito criticized the majority for acting “without undertaking a full review of the record and without any explanation” and allowing the administration to continue its interactions until the court finally rules, “an event that may not occur until late in the spring of next year.”
Persons: Biden, Samuel A, Alito Jr, Clarence Thomas, Neil M, Gorsuch, Alito,
U.S. Supreme Court Associate Justice Samuel A. Alito Jr. poses during a group portrait at the Supreme Court in Washington, U.S., October 7, 2022. REUTERS/Evelyn Hockstein/File Photo Acquire Licensing RightsSept 8 (Reuters) - U.S. Supreme Court Justice Samuel Alito on Friday rejected a push by Senate Democrats to have him recuse from a tax case that involves an attorney who interviewed him for a newspaper article and helped him "air his personal grievances." Alito, in a statement attached to a routine order issued by the court in the case, Moore v. United States, said, "There is no valid reason for my recusal in this case." "Mr. Rivkin's access to Justice Alito and efforts to help Justice Alito air his personal grievances could cast doubt on Justice Alito's ability to fairly discharge his duties in a case in which Mr. Rivkin represents one of the parties," the senators stated. The case in which he is involved was never mentioned; nor did we discuss any issue in that case either directly or indirectly."
Persons: Samuel A, Alito Jr, Evelyn Hockstein, Samuel Alito, Alito, Moore, Dick Durbin, John Roberts, Alito recuses, Charles, Kathleen Moore, David Rivkin Jr, Alito's, Rivkin, Andrew Chung, Grant McCool Organizations: Supreme, REUTERS, Democrats, Democratic, Thomson Locations: Washington , U.S, United States, New York
But Justices Thomas and Samuel A. Alito Jr. requested 90-day extensions, according to the Administrative Office of the U.S. Courts, which collects and publishes the forms. Mr. Crow treated the justice on a series of lavish trips, including flights on his private jet, island-hopping on his superyacht and vacationing at his estate in the Adirondacks. Mr. Crow also bought the justice’s mother’s home in Savannah, Ga., and covered a portion of private school tuition for the justice’s great-nephew, whom he was raising. Other wealthy friends have hosted Justice Thomas, including David L. Sokol, the former heir apparent to Berkshire Hathaway. In the years that followed, Mr. Singer repeatedly had business before the court.
Persons: Thomas, Samuel A, Alito Jr, Thomas’s, Harlan Crow, ProPublica, Crow, David L, Berkshire Hathaway, Anthony Welters, underwrote, Prevost, ” Justice Alito, Paul Singer, Singer Organizations: Administrative, U.S . Courts, Sokol, Locations: Texas, Savannah , Ga, Berkshire, Washington, Alaska
Only three months into Justice Ketanji Brown Jackson’s first Supreme Court term, she announced a book deal negotiated by the same powerhouse lawyer who represented the Obamas and James Patterson. The deal was worth about $3 million, according to people familiar with the agreement, and made Justice Jackson the latest Supreme Court justice to parlay her fame into a big book contract. Justice Neil M. Gorsuch had made $650,000 for a book of essays and personal reflections on the role of judges, while Justice Amy Coney Barrett received a $2 million advance for her forthcoming book about keeping personal feelings out of judicial rulings. Those newer justices joined two of their more senior colleagues, Justices Clarence Thomas and Sonia Sotomayor, in securing payments that eclipse their government salaries. In recent months reports by ProPublica, The New York Times and others have highlighted a lack of transparency at the Supreme Court, as well as the absence of a binding ethics code for the justices.
Persons: Ketanji Brown Jackson’s, James Patterson, Jackson, Neil M, Gorsuch, Amy Coney Barrett, Clarence Thomas, Sonia Sotomayor, ProPublica, Thomas’s, Justice Samuel A, Alito Jr, John G, Roberts Organizations: The New York Times, Supreme, Republican Locations: The
The Supreme Court on Tuesday rejected a legal theory that would have radically reshaped how federal elections are conducted by giving state legislatures largely unchecked power to set all sorts of rules for federal elections and to draw congressional maps warped by partisan gerrymandering. The vote was 6 to 3, with Chief Justice John G. Roberts Jr. writing the majority opinion. The Constitution, he said, “does not exempt state legislatures from the ordinary constraints imposed by state law.”Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented. The case concerned the “independent state legislature” theory. The doctrine is based on a reading of the Constitution’s Elections Clause, which says, “The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.”Proponents of the strongest form of the theory say this means that no other organs of state government — not courts, not governors, not election administrators, not independent commissions — can alter a legislature’s actions on federal elections.
Persons: John G, Roberts, , Clarence Thomas, Samuel A, Alito Jr, Neil M, Gorsuch,
In an extraordinary salvo in a favored forum, Justice Alito defended himself in a pre-emptive article in the opinion pages of The Wall Street Journal before the news organization ProPublica posted its account of a luxury fishing trip in 2008. His response comes as the justices face mounting scrutiny over their ethical obligations to report gifts and to recuse themselves from cases involving their benefactors. The latest revelations are sure to intensify calls for the court to adopt more stringent ethics rules. Justice Clarence Thomas has been largely silent in the face of revelations of gifts from Harlan Crow, a wealthy Republican donor. Chief Justice John G. Roberts Jr. turned down an invitation from Congress to testify about the court’s ethics practices and made vague statements about addressing them.
Persons: Samuel A, Alito Jr, Justice Alito, ProPublica, Clarence Thomas, Harlan Crow, John G, Roberts Jr
Journal Editorial Report: The week's worst and best from Kim Strassel, Kyle Peterson and Dan Henninger. Image: Richard B. Levine/Zuma PressEditor’s note: Justin Elliott and Josh Kaplan of ProPublica, which styles itself “an independent, nonprofit newsroom that produces investigative journalism with moral force,” emailed Justice Alito Friday with a series of questions and asked him to respond by noon EDT Tuesday. They informed the justice that “we do serious, fair, accurate reporting in the public interest and have won six Pulitzer Prizes.” Here is Justice Alito’s response:
Persons: Kim Strassel, Kyle Peterson, Dan Henninger, Richard B, Levine, Justin Elliott, Josh Kaplan, ProPublica, , Alito
Supreme Court Upholds Native American Adoption Law
  + stars: | 2023-06-15 | by ( Abbie Vansickle | ) www.nytimes.com   time to read: 1 min
The Supreme Court on Thursday upheld a 1978 law aimed at keeping Native American adoptees with their tribes and traditions, handing a victory to tribes that had argued that a blow to the law would upend the basic principles that have allowed them to govern themselves. Justice Amy Coney Barrett wrote the majority opinion. Justices Clarence Thomas and Samuel A. Alito Jr., dissented. Justice Barrett acknowledged the myriad thorny subjects raised in the challenge to the law, which pitted a white foster couple from Texas against five tribes and the Interior Department as they battled over the adoption of a Native American child. “But the bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.”
Persons: Amy Coney Barrett, Clarence Thomas, Samuel A, Alito Jr, Barrett, Organizations: Interior Department Locations: Texas, American
Justice Clarence Thomas delayed releasing his annual financial disclosure form on Wednesday after recent revelations cast scrutiny on his travel, gifts and real estate dealings with a conservative billionaire donor from Texas. Like Justice Thomas, Justice Samuel A. Alito Jr. asked for a 90-day extension to file the forms, which detail gifts, investments and other financial holdings, according to the Administrative Office of the U.S. Courts, which handles the financial records and the database where they are publicly disclosed. The financial disclosures, especially that of Justice Thomas, have drawn heightened interest after a series of reports raised questions about the level of transparency at the Supreme Court and the lack of an enforceable ethics code. The nature of Justice Thomas’s relationship with Harlan Crow, a Texas billionaire and longtime Republican donor, has elicited particular attention. The disclosure forms for the other justices gave a glimpse of their lives outside the court, offering details of travel in 2022 and money earned from book deals.
Persons: Clarence Thomas, Justice Thomas, Justice Samuel A, Alito Jr, Thomas’s, Harlan Crow Organizations: Administrative, U.S . Courts, Supreme Locations: Texas
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