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Trump himself has continued to lobby for absolute immunity, including before his appearance at a New York court where he’s on trial for business fraud. Dreeben told Barrett that the indictment against Trump is substantially about private conduct, meaning that a trial could proceed even if the Supreme Court finds some immunity for Trump’s official actions. Liberal justices weren’t impressed with Trump’s absolute immunity claimsIt was pretty clear where the court’s three liberals will be when the opinion lands. With arguments over, focus shifts to timing for decisionThe arguments about Trump’s immunity claim are over. In the immunity case, the court already helped Trump by denying the special counsel request last December to leapfrog the appeals court and resolve the question quickly.

Persons: Donald Trump’s, Jack Smith carte, Trump, John Roberts, Roberts, didn’t, he’s, ” Roberts, skeptically, ” Trump, John Sauer, Sauer, Amy Coney Barrett, Justice Elena Kagan, Brad Raffensperger, Raffensperger, ”, Justice Barrett, Barrett –, Barrett, Smith, ” Barrett, Michael Dreeben, Dreeben, weren’t, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Kagan, “, that’s, ” Kagan, Jackson, ” Jackson, “ I’m, Alito, they’d, ” Alito, ’, Ty Cobb, Mark Meadows, Rudy Giuliani, Richard Nixon, Gore, Katelyn Polantz, Hannah Rabinowitz, Holmes Lybrand Organizations: CNN, Trump, Appeals, DC Circuit, Georgia, Republican National Committee, Arizona, Justice Department, Trump isn’t Locations: New York, Arizona, Michigan , Georgia, Nevada, Michigan, Washington

☆ Two Trump courtroom dramas could help shape the tone of a future presidency
▼ + stars: | 2024-04-25 | by ( Stephen Collinson | ) edition.cnn.com time to read: +11 min

Prosecutors have framed the trial as more than a simple case of falsifying business records — the offense with which Trump has been charged. But the results of Trump’s pending cases — and whether they even come to trial — could help decide the tone of a future presidency. But at the same time, Trump is using the privileges of appeals available to any defendant to their full extent. “We’re writing a rule for the ages.”It’s always hazardous to speculate how Supreme Court justices will rule based on their questioning in oral arguments. This could mean the case returns to lower courts for more litigation — a move that could delay the federal election trial for months, far beyond the November election.

Persons: Donald Trump, George Washington, David Pecker, Trump’s, Trump, —, Trump —, Republican nominee’s, Jack Smith’s, Ketanji Brown Jackson, Jackson, Pecker, didn’t, Matthew Colangelo, he’s, Joe Biden, Biden, “, Benjamin Franklin, inoculate Trump, CNN’s Zachary B, Wolf, Marquis de Lafayette, demagogue, George Conway, ” Conway, CNN’s Wolf, ”, Neil Gorsuch, “ I’m, Amy Coney Barrett, David Sauer, Sauer, Elena Kagan, Kagan, ” Kagan Organizations: CNN, National Enquirer, Republican, Trump, GOP, Prosecutors, Supreme, White House Locations: New York, Georgia, Florida, — Washington, Washington, Philadelphia , Washington

☆ Takeaways from the Supreme Court’s oral arguments over social media censorship
▼ + stars: | 2024-03-18 | by ( Brian Fung | John Fritze | ) edition.cnn.com time to read: +7 min

CNN —The Supreme Court on Monday appeared deeply skeptical of arguments by two conservative states that the First Amendment bars the government from pressuring social media platforms to remove online misinformation. Louisiana and Missouri accused the Biden administration of a sweeping censorship campaign conducted through emailed and other communications with social media platforms. Barrett asked: Could the FBI not call the social media sites and encourage them to take such posts down? Fletcher pointed to the context of the communication between the Biden administration and the social media companies. That is Congress’ role, he said, challenging claims that the administration has issued credible threats against social media that could support a coercion argument.

Persons: Biden, Roberts, Kavanaugh, Barrett, John Roberts, Brett Kavanaugh, Amy Coney Barrett, ”, Roe, Wade, Benjamin Aguiñaga, Alito, Samuel Alito, ” Alito, Brian Fletcher, Elena Kagan, Justice Kavanaugh, I’ve, ” Kagan, chuckles, Fletcher, Ketanji Brown Jackson, you’re, ” Aguiñaga Organizations: CNN, FBI, Facebook, New York Times, Communications, medica Locations: Louisiana, Missouri

☆ Supreme Court keeps Trump on Colorado ballot, rejecting 14th Amendment push
▼ + stars: | 2024-03-04 | by ( John Fritze | ) edition.cnn.com time to read: +9 min

“The Supreme Court had the opportunity in this case to exonerate Trump, and they chose not to do so. Using the 14th Amendment to derail Trump’s candidacy has always been seen as a legal longshot, but gained significant momentum with a win in Colorado’s top court in December, on its way to the US Supreme Court. But in Colorado, a series of decisions by state courts led to a case that Trump ultimately appealed to the US Supreme Court in January. The Colorado Supreme Court, on a sharply divided 4-3 vote, affirmed the findings about Trump’s role in the US Capitol attack but said that the ban did, in fact, apply to presidents. Trump is appealing, and a state court paused those proceedings while the Supreme Court dealt with the Colorado case.

Persons: Donald Trump, Joe Biden, Trump, John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh –, “, ” Trump, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Amy Coney Barrett, Steve Vladeck, Sotomayor, Kagan, Barrett, Jackson, ” SCOTUS, Trump’s, State Jena Griswold, ” Griswold, ”, Norma Anderson, Trump “, Roberts, Kavanaugh, lobbed, Jonathan Mitchell, Barack Obama, ” Kagan, Jason Murray, CNN’s Marshall Cohen, Devan Cole Organizations: CNN, GOP, Trump, University of Texas School of Law, US Capitol, Republican, Colorado, State, U.S, Democrats, Citizens, Colorado Supreme, Biden Locations: Colorado, Washington, U.S ., “ Colorado, Colorado’s, Maine and Illinois, Minnesota , Michigan , Massachusetts, Oregon, Maine, An Illinois, United States

☆ Takeaways from the Supreme Court arguments over bump stocks and machine guns
▼ + stars: | 2024-02-28 | by ( John Fritze | Devan Cole | ) edition.cnn.com time to read: +7 min

CNN —The Supreme Court’s conservatives pressed the Biden administration Wednesday to justify a federal ban on bump stocks, a device that can convert a semi-automatic rifle into a weapon that can fire far more rapidly. The ATF reclassified the devices as machine guns in 2018. “And through many administrations, the government took the position that these bump stocks are not machine guns.”The court’s liberals seemed more certain the devices fell within what Congress intended when it banned machine guns. “That’s exactly what bump stocks do, as the Las Vegas shooting, vividly illustrated.”Justice Samuel Alito asked the attorney representing the ban’s challenger, Michael Cargill, if he could imagine the reasons why a lawmaker might ban machine guns but not bump stocks. “Bump stocks can help people who have disabilities, who have problems with finger dexterity, people who have arthritis in their fingers.

Persons: Donald Trump’s, Brett Kavanaugh, ensnare, you’re, ” Kavanaugh, Biden, “ That’s, It’s, Barrett, Gorsuch, Amy Coney Barrett, ” Barrett, “, Neil Gorsuch, ” Gorsuch, Elena Kagan, Kagan, ” Brian Fletcher, Fletcher, ” Fletcher, ”, Samuel Alito, Michael Cargill, Jonathan Mitchell, Sonia Sotomayor, ” Kagan, Alito Organizations: CNN, Biden, Trump, Alcohol, Tobacco, Firearms, Explosives, ATF, Las Locations: Vegas

Here are the key takeaways from the courtroom:How far does the First Amendment reach when it comes to social media? Online platforms engage in censorship when they silence certain users’ speech, the states argued to the court. In fact, the tech industry argued, government requirements that social media not moderate content would violate the platforms’ own First Amendment freedoms from government meddling. Section 230 features prominently in argumentsOne question kept coming up during the arguments, just as it has in lower courts: What these state laws could mean for Americans’ overall ability to sue social media companies over content moderation. The state laws explicitly allow users to sue tech platforms for alleged censorship.

Persons: Donald Trump, Samuel Alito, Biden, ” Alito, Brett Kavanaugh, ’, ” Kavanaugh, Elena Kagan, Elon Musk, ” Kagan, –, – that’s, Kagan, Uber, you’re, Amy Coney Barrett, ” Organizations: CNN, Meta, ”, X, Elon, YouTube, Communications Locations: Texas, Florida

☆ John Roberts has a united Supreme Court on Trump. Now comes the hard part
▼ + stars: | 2024-02-09 | by ( Joan Biskupic | ) edition.cnn.com time to read: +7 min

Not since the 2000 case of Bush v. Gore has the Supreme Court been in the middle of an election battle of such potential magnitude. Several of the justices’ spouses, including Jane Roberts, wife of the chief justice, sat in a special guest session. Roberts’ criticism of the Colorado Supreme Court decision barring Trump was echoed by his colleagues, even as they varied in their constitutional grounds. Just as Roberts can set the tone for oral arguments, the chief justice presides over their private votes on cases. As he strives for consensus, Roberts is likely to try to keep any separate, concurring opinions to a minimum.

Persons: CNN —, John Roberts, Donald Trump, Roberts, comity, Bush, Gore, Jane Roberts, Mark Paoletta, Clarence Thomas, Ginni, Trump, Jason Murray, “, you’re, ” Murray, ” Roberts, United States …, Joe Biden, Jonathan Mitchell, ”, Brett Kavanaugh, Elena Kagan, Murray, ” Kagan Organizations: CNN, Republican, Democratic, Trump, Colorado Supreme, Colorado voters, United, Capitol, White, Liberal Locations: Colorado, United States, Wisconsin, Michigan

If the Supreme Court ultimately rules against Trump it would almost certainly end his campaign for another term. But because the court expedited the earlier stages of the Trump ballot case, it is likely the court will want to move quickly to decide the case, potentially within a matter of weeks. If Trump is removed from the ballot in Colorado, Roberts predicted that states would eventually attempt to knock other candidates out of future elections. Trump and his allies raised the case during their written arguments to the Supreme Court. “It’s by the chief justice of the United States a year after the 14th Amendment,” Kavanaugh said in a reference to Chase.

Persons: Donald Trump, John Roberts, –, Trump, Bush, Gore, George W, Brett Kavanaugh, Trump’s eligibly, Roberts, “ It’ll, ” Roberts, “, United States …, Kavanaugh, Griffin, Salmon Chase, ” Kavanaugh, Chase, CNN Jackson, Ketanji Brown Jackson, Joe Biden, ”, ’, ” Jackson, Elena Kagan, ” Kagan, – Jackson, Sonia Sotomayor, Kagan –, Jackson, didn’t, Jonathan Mitchell, ” Mitchell, Jason Murray, Jack Smith, Murray, Sharp, Kagan, “ It’s, Shannon Stevenson, Stevenson, Carlos Samour, could’ve Organizations: CNN, Trump, Capitol, United, Confederacy, Supreme, Union, Colorado, Colorado Supreme, Democratic Locations: Colorado, United States

☆ 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

☆ Takeaways from the Supreme Court oral arguments on the Second Amendment and domestic violence
▼ + stars: | 2023-11-07 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +8 min

CNN —The Supreme Court seemed poised Tuesday after oral arguments to rule in favor of a federal law that bars individuals subject to certain domestic violence restraining orders from possessing firearms. Barrett noted that domestic violence is “dangerous.” But looking to the next case she asked about “more marginal cases” that might not offend the constitution. Thomas referred to the “thin record” in the case and wondered about the fact that the domestic violence allegations had been made in a civil – not a criminal – proceeding. Due process was central to a friend of the court brief filed by the NRA in the case. “I’m just trying to understand how the Bruen test works in a situation in which there is at least some evidence that domestic violence was not considered to be subject to the kinds of regulation that it is today,” she said.

Persons: Elizabeth Prelogar, ”, John Roberts, Zackey Rahimi, Prelogar, Clarence Thomas, Thomas, ” Roberts, Roberts, –, “, Amy Coney Barrett Long, Amy Coney Barrett, Barrett, ” Barrett, Alito, Rahimi, Samuel Alito, J, Matthew Wright —, Neil Gorsuch, hadn’t, Ketanji Brown Jackson, “ I’m, Jackson, White, Elena Kagan, ” Kagan Organizations: CNN, New York, Inc, ACLU, National Rifle Association, NRA Locations: Maine, Wisconsin, Bruen

WASHINGTON (AP) — The Supreme Court is returning to a new term to take up some familiar topics — guns and abortion — and concerns about ethics swirling around the justices. Lower-profile but vitally important, several cases in the term that begins Monday ask the justices to constrict the power of regulatory agencies. Political Cartoons View All 1190 ImagesBut the federal appeals court in New Orleans struck down the funding mechanism. The abortion case likely to be heard by the justices also would be the court's first word on the topic since it reversed Roe v. Wade’s right to abortion. But in some important cases last term, the court split in unusual ways.

Persons: Donald Trump, Democrat Joe Biden, ”, Jeffrey Wall, Trump, Biden, Roe, John Roberts, Irv Gornstein, ” Gornstein, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh —, Kavanaugh, Roberts, Barrett, Clarence Thomas, Harlan Crow, Koch, Samuel Alito, Sonia Sotomayor, Elena Kagan, ” Kagan, Alito, Thomas Organizations: WASHINGTON, Republican, Democrat, Consumer Financial, Bureau, Federal Reserve, U.S, Circuit, Appeals, 5th Circuit, Trump, Institute, Gallup, University of Notre Dame, Democratic Locations: New Orleans, Texas, United States, Georgetown, Alabama

☆ Supreme Court returns for first private meeting of the term amid even more controversy
▼ + stars: | 2023-09-26 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +8 min

CNN —The Supreme Court returns to Washington to face a new term and the fresh reality that critics increasingly view the court as a political body. Earlier this year, Roberts declined an invitation to appear before the Democratic-led Senate Judiciary Committee to discuss Supreme Court ethics, citing separation of powers concerns. Even if he did believe a formal ethics code is necessary, it’s unclear whether he would need a unanimous vote to move forward. Instead, they say, critics of the court are manufacturing a controversy to delegitimize the institution and staunch the flow of conservative opinions. Last week, she told an audience in Indiana that she thought it would be a “good” idea if the court were to adapt the ethics code used by lower court justices to fit the Supreme Court.

Persons: Donald Trump’s, Roe, Wade, John Roberts, Roberts, Joe Biden’s, ”, Justice Elena Kagan, Sonia Sotomayor, Ketanji Brown Jackson, “, ” Kagan, Clarence Thomas, Samuel Alito, ” Cate Stetson, Hogan Lovells, Dick Durbin, Durbin, recuses, Carrie Severino, Alito, forthrightly, ” Alito, “ I’ve, Elena Kagan, Amy Coney Barrett, Brett Kavanaugh Organizations: CNN, Democratic, Conservative, Cato Institute, Democrat, Judicial, Crisis Network Locations: Washington, Congress, Indiana, Lake Geneva , Wisconsin, Ohio

☆ Supreme Court Justice Elena Kagan’s Remarkable Dissent - The New York Times
▼ + stars: | 2023-07-01 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +2 min

But I don’t want to discuss Roberts’s majority opinion as much as I do Justice Elena Kagan’s dissent. Kagan wrote something unusual. “From the first page to the last, today’s opinion departs from the demands of judicial restraint,” Kagan wrote. To say that the Supreme Court can violate the Constitution is to reject the idea that the court is somehow outside the constitutional system. For Congress, especially, to exercise its authority to discipline the court when it oversteps its bounds.

Persons: Elena Kagan’s, Kagan, ” Kagan, “, ”

☆ Why Justice Amy Coney Barrett wrote about babysitters in her student loan opinion
▼ + stars: | 2023-06-30 | by ( Tierney Sneed | ) edition.cnn.com time to read: +5 min

In the student loan case, the 6-3 conservative majority, including Barrett, concluded that the student loan law in question did not give the secretary of education the power to cancel broad swaths of loans. “Though this grant of apple-purchasing authority sounds unqualified, a reasonable clerk would know that there are limits,” she wrote. “For example, if the grocer usually keeps 200 apples on hand, the clerk does not have actual authority to buy 1,000 – the grocer would have spoken more directly if she meant to authorize such an out-of-the-ordinary purchase,” Barrett wrote. “In my view, the major questions doctrine grows out of these same commonsense principles of communication,” Barrett wrote. ““The broadly worded ‘waive or modify; delegation IS the HEROES Act, not some tucked away ancillary provision,” Kagan wrote, referring to the relevant student loan program statute.

Persons: Amy Coney Barrett, Joe Biden’s, –, Barrett, “, ”, ” Barrett, ” “, Justice Elena Kagan, Kagan, ” Kagan, BARRETT, BARRETT’s Organizations: CNN, Supreme Court

☆ Supreme Court makes it easier to bring constitutional challenges to federal agencies
▼ + stars: | 2023-04-14 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +1 min

CNN —The Supreme Court held Friday that a party involved in a dispute with the Federal Trade Commission or the Securities and Exchange Commission does not have to wait until a final determination in the proceeding has been issued before bringing a constitutional challenge to the agency’s structure in federal court. The court’s decision means that targets of investigative actions do not have to wait long periods of time before lodging constitutional challenges to the proceedings that could ultimately weaken the agency. Although the court’s opinion could weaken the power of federal agencies, liberal justices likely signed onto the opinion because it will only apply to a small subset of cases. “The question presented is whether the district courts have jurisdiction to hear those suits — and so to resolve the parties’ constitutional challenges to the Commission’ structure,” Kagan wrote. The ordinary statutory review scheme does not preclude a district court from entertaining these extraordinary claims.”

☆ Thomas revelation fits a broader pattern of nondisclosure
▼ + stars: | 2023-04-12 | by ( Joan Biskupic | ) edition.cnn.com time to read: +7 min

Washington CNN —The recent revelations of lavish gifts and travel that a Republican megadonor showered on Justice Clarence Thomas reflect a larger Supreme Court culture of nondisclosure, little explanation, and no comment. The incident reflects the broader lack of accountability at the high court regarding off-bench behavior. Justices regularly brush aside reporters’ queries for specifics on travel and gifts, book advances and other extracurricular activities. Senate Judiciary Committee Chairman Dick Durbin made another such plea to Roberts this week as he also urged the chief justice to open an investigation into Thomas’ conduct. Chief justice on the spotRoberts, who became chief justice in 2005, has continually described the high court as beyond the realm of politics and worthy of public trust.

☆ 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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