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☆ Early divisions signal bitter internal conflicts as Supreme Court turns toward final decisions
▼ + stars: | 2024-06-25 | by ( John Fritze | ) edition.cnn.com time to read: +9 min

Even as the court is sometimes finding wider-than-expected majorities for relatively limited outcomes, the nine justices are regularly in conflict over the meaning of decisions. A number of lower-profile cases have also sparked deep doctrinal divisions, even when the final vote count is lopsided. “It does seem, at least anecdotally, unusual to have this many separate opinions in cases with relatively lower stakes,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. The Supreme Court earlier this month tossed out an appeal from anti-abortion doctors challenging expanded access to the abortion pill mifepristone. Among them, Justice Sonia Sotomayor slammed the court’s majority opinion for its reliance on history to decide the trademark dispute.

Persons: ”, Steve Vladeck, “, dinged, councilwoman, Brett Kavanaugh, ” Kavanaugh, Donald Trump, Jack Smith’s, yank Trump, Trump, Amy Coney Barrett, Samuel Alito, Kavanaugh, ” Barrett, Aziz Huq, Huq, Moore, John Roberts ’, hasn't, Neil Gorsuch chimed, Justice Ketanji Brown Jackson, ” Alito, Clarence Thomas, Alito, it’s, Sylvia Gonzalez, Florida GOP Sen, Marco Rubio, Sonia Sotomayor Organizations: CNN, University of Texas School of Law, Trump, Capitol, University of Chicago, New York, Police, Florida GOP, Republican Locations: Moore, Texas, Trump, concurrences

☆ Our contributors rewatched the 2020 Biden-Trump debates for clues. Here’s what they predict will happen Thursday
▼ + stars: | 2024-06-24 | by ( Cnn Opinion | ) edition.cnn.com time to read: +27 min

Kate Bedingfield served as White House communications director in the Biden administration and was the deputy campaign manager on Biden’s 2020 presidential campaign. That contentious exchange during the 2020 debate put Biden on the defensive. A President Trump might make their decisions about retirement that much easier. David Urban, a CNN political commentator, served as an adviser to then-President Trump’s 2020 re-election campaign. On Thursday, President Biden needs to do it again.

Persons: isn’t, Joe Biden’s, Donald Trump’s, —, Stephanie Griffith, Scott Jennings, Trump, Donald Trump, Joe Biden, Biden, counterpunched Biden, CNN Trump masterfully, ” Scott Jennings Trump, mightily, George W, Bush, Sen, Mitch McConnell, Sophia A, Nelson Stephanie Honikel, Chris Wallace, Wallace, Trump’s, it’s, Nelson, It’s, Kate Bedingfield, Donald Trump Kate Bedingfield, Shermichael Singleton, Bill Clinton’s, James Carville, “, Democratic Barack Obama, they're, aren’t, “ It’s, David Axelrod, people’s, ” Biden, jibing Trump, ”, Barack Obama, Obama, David Urban, Amy Coney Barrett, Amy Coney Barrett's, Roe, Wade, Ronald Reagan, Bill Clinton, Reagan, Clinton, ” David Urban, Dobbs, Lady Jill Biden, Samuel Alito, Clarence Thomas, Bakari Sellers, Abraham Lincoln, chokeholds, Emmett Till, HBCUs ? Biden, Hilary Krieger Organizations: CNN, White, Biden, Scott Jennings CNN, Trump, Democratic, Republican, RunSwitch Public Relations, Capitol, GOP, Republican Government Reform, White House, NBC, Marist, Fox News, Global, Senate, United, Appeals, Federalist Society, American, United State Supreme Court, National Guard, South Carolina House of, Strom Law, CNN Opinion’s Locations: Cleveland , Ohio, Nashville , Tennessee, New York, Louisville , Kentucky, Charlottesville , Virginia, “, White, Charlottesville, Michigan, Scranton, Claymont, America, United States, Pennsylvania, HBCUs

☆ Clarence Thomas' originalist interpretations go too far, even for fellow conservatives
▼ + stars: | 2024-06-23 | by ( Katherine Tangalakis-Lippert | Lloyd Lee | ) www.businessinsider.com time to read: +5 min

This story is available exclusively to Business Insider subscribers. AdvertisementLegal experts who spoke to Business Insider said Thomas's latest decision highlighted how inconsistent and even ridiculous this method of interpretation can be. The Supreme Court of 1888 decided that the Constitution was broad enough to cover inventions the Founding Fathers never dreamed of. Gross noted that he expected the outcome the Supreme Court ultimately reached, though he was surprised Justice Samuel Alito, another strict originalist, didn't join Thomas' dissent. AdvertisementRepresentatives for the Supreme Court did not respond to a request for comment from Business Insider.

Persons: —, Clarence Thomas, Thomas, Antonin Scalia, John P, Gross, wouldn't, originalists, Carolyn Shapiro, Shapiro, Amy Coney Barrett, Barrett, SCOTUS, Samuel Alito, didn't, Scalia Organizations: Service, Business, University of Wisconsin Law School, Public, originalism, Chicago, Kent College of Law's Institute, AP, CNN Locations: United States

That sent lower courts scurrying into historical analyses to figure out if modern gun laws had some connection to the 18th Century. Roberts’ opinion said that lower courts were misunderstanding what the majority had said in that ruling. But Justice Ketanji Brown Jackson, a member of the court’s liberal wing, suggested it was the high court’s fault for not providing clarity for lower courts to follow. One deals with a Pennsylvania man’s challenge to a federal law prohibiting felons, including those who are non-violent, from possessing firearms. Solicitor General Elizabeth Prelogar presented that argument with an eye toward several other challenges pending to similar federal gun prohibitions that involve non-violent criminal activity.

Persons: John Roberts, Zackey Rahimi, ” Roberts, Donald Trump, Roberts, Ketanji Brown Jackson, Neil Gorsuch, Brett Kavanaugh, Kavanaugh, Amy Coney Barrett, ” Barrett, ” Thomas ’, Bruen, Clarence Thomas, Thomas, Elie Honig, SCOTUS, Rahimi, ” Thomas, Hunter Biden, Hunter, Biden, Daniels, Steve Vladeck, ”, Elizabeth Prelogar Organizations: CNN, Supreme Court, New York, Trump, US, Appeals, Supreme, Circuit, University of Texas School of Law Locations: Texas, New, Bruen, Mississippi, Delaware, Pennsylvania, Illinois

☆ Supreme Court Upholds Trump-Era Tax Provision
▼ + stars: | 2024-06-20 | by ( Abbie Vansickle | ) www.nytimes.com time to read: 1 min

The Supreme Court on Thursday upheld a tax on foreign income that helped finance the tax cuts President Donald J. Trump imposed in 2017 in a case that many experts had cautioned could undercut the nation’s tax system. The vote was 7 to 2, with Justice Brett M. Kavanaugh writing the majority opinion. Justice Amy Coney Barrett wrote a concurring opinion, joined by Justice Samuel A. Alito Jr., and Justice Clarence Thomas dissented, joined by Justice Neil M. Gorsuch. The question before the justices appeared narrow at first glance: Is the tax in question allowed under the Constitution, which gives Congress limited powers of taxation? In the majority opinion, Justice Kavanaugh wrote that the tax fell within the authority of Congress under the Constitution.

Persons: Donald J, Trump, Brett M, Kavanaugh, John G, Roberts, Amy Coney Barrett, Justice Samuel A, Alito Jr, Clarence Thomas, Neil M Organizations: Chief

☆ The Supreme Court’s approach on ‘history and tradition’ is irking Amy Coney Barrett
▼ + stars: | 2024-06-19 | by ( Devan Cole | John Fritze | ) edition.cnn.com time to read: +10 min

Though Justice Clarence Thomas’ decision in a major trademark case last week was unanimous, it prompted a sharp debate led by Justice Amy Coney Barrett over the use of history to decide the case. “There definitely is the potential formation here of an alternative or several alternative approaches to history that ultimately draw a majority,” Wolf said. “What we could be seeing is a more nuanced approach to using that history,” said Elizabeth Wydra, president of the progressive Constitutional Accountability Center. But in a striking concurrence that captured support from both liberal and conservative justices, Justice Elena Kagan asserted that the court’s historic analysis need not end with the late-18th century. Barrett’s concurrence said the dispute could have been dealt with based on the court’s past precedent with trademark law and stressed that just leaning on the nation’s trademark history wasn’t good enough.

Persons: Clarence Thomas ’, Amy Coney Barrett, Barrett, Thomas, “, ”, Tom Wolf, Brennan, ” Wolf, Trump, Thomas ’, Antonin Scalia, Elizabeth Wydra, ” Wydra, Ilya Somin, there’s, Bruen, Sonia Sotomayor, … Bruen, –, Elena Kagan, Kagan, Brett Kavanaugh, Sotomayor –, Wolf, Roe, Wade, Vidal, . Elster, Sotomayor, ” Thomas, Kavanaugh, John Roberts, Samuel Alito, Neil Gorsuch, Ketanji Brown Jackson, Barrett’s Organizations: Washington CNN, Brennan Center for Justice, New York, Trump, George Mason University, “, Inc, CNN, Consumer Financial Protection Bureau Locations: New, Bruen, United States

☆ Analysis: Biden’s immigration whiplash, from tough talk to empathy in 2 weeks
▼ + stars: | 2024-06-18 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +6 min

Obama enacted DACA; Trump tried to end itThe DACA policy was enacted after bipartisan, comprehensive immigration reform efforts failed for the umpteenth time. Nearly 600,000 people have sought protected status under the program, which defers but does not necessarily end any immigration action against them. The Trump administration tried to end the DACA program in 2017, but the effort eventually failed at the Supreme Court in 2020. Instead, Trump hit pause on new applications, something the Biden administration then reversed. The much more modest bipartisan effort pushed by Biden earlier this year would not have helped the undocumented spouses of citizens and their children.

Persons: Joe Biden, Donald Trump’s playbook, Biden’s, –, Biden, Trump, Michael Williams, Read Williams, “ I’m, ” Chad Wolf, Adriano Espaillat, CNN’s Brianna Keilar, ”, ” Espaillat, Obama, DACA, Ruth Bader Ginsburg, Amy Coney Barrett, John Roberts Organizations: CNN, White, American Civil Liberties Union, Department of Homeland Security, New York Democrat, Supreme, Trump Locations: United States, Texas

☆ Former federal judge blasts John Roberts in new book and says Ruth Bader Ginsburg was annoyed by pressure to retire
▼ + stars: | 2024-05-29 | by ( Joan Biskupic | ) edition.cnn.com time to read: +8 min

The Supreme Court, Tatel wrote, has “kicked precedent to the curb” and become “a tragedy” for civil rights and the rule of law. He said she revealed early dealings among justices that eventually led to the milestone 2013 Shelby County v. Holder decision undermining the Voting Rights Act. ‘John Stevens didn’t step down until he was ninety,” Tatel wrote. He served as director of the Chicago Lawyers’ Committee for Civil Rights Under Law and then as director of the National Committee. During the Jimmy Carter administration, he led the Office of Civil Rights at the Department of Health, Education and Welfare.

Persons: David Tatel, ”, John Roberts, Bill Clinton, Tatel, Roberts, Ruth Bader Ginsburg, Holder, Ginsburg, –, ’, ‘ John Stevens didn’t, ” Tatel, “, Ruth, Hillary Clinton, Donald Trump, Obama, …, Trump, Amy Coney Barrett, Roe, Wade, Dobbs, Justice Ginsburg, “ I’ve, Jimmy Carter, Clinton, ” Roberts, Dick Cheney, “ …, Scalia, Cheney, ‘, David, Joe Biden, I’ve Organizations: CNN, Democrat, Jackson, Health Organization, Chicago Lawyers ’, Civil, Law, National Committee, Department of Health, Education, Welfare, DC Circuit, US Department of Justice, Northwest Austin, Civil Rights Movement, Court, Supreme Locations: County, Washington, Shelby County, Northwest, Northwest Austin

☆ Biden pledges to name progressives to the Supreme Court, suggesting he expects vacancies
▼ + stars: | 2024-05-29 | by ( Kevin Liptak | ) edition.cnn.com time to read: +3 min

CNN —President Joe Biden promised Black voters Wednesday that he would appoint progressives to the US Supreme Court if elected to a second term, suggesting he expects vacancies on the high court over the next four years. The ideological makeup of the court has emerged as one of the defining facets of American political power. Breyer announced his retirement in January 2022, allowing Biden to fulfill a campaign pledge to nominate a Black woman to the court, Ketanji Brown Jackson. Instead, he consulted the justice on lower court nominations as a way to cultivate a degree of comfort with the process. “Many presidents never get the opportunity to appoint a Supreme Court justice.

Persons: Joe Biden, “, they’re, we’ve, ”, Biden, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Barack Obama, Donald Trump, —, Wade, Stephen Breyer, Breyer, Ketanji Brown Jackson, Don McGahn, Anthony Kennedy, Obama, Ruth Bader Ginsburg, Trump, Amy Coney Barrett, we’ll Organizations: CNN, Black, Wednesday, Republican, Committee, Liberal, White, Trump, “, Liberty Locations: Philadelphia, Roe

☆ Opinion | Can the Supreme Court’s Liberals Reclaim Judicial Restraint?
▼ + stars: | 2024-05-29 | by ( Linda Greenhouse | ) www.nytimes.com time to read: +1 min

The Supreme Court’s recent rescue of an important federal agency from the hands of a hostile lower court was an exercise in the evolving definition of originalism. A mechanism that the United States Court of Appeals for the Fifth Circuit deemed unconstitutional was clearly known to and accepted by the Constitution’s framers, Justice Thomas concluded. Justice Elena Kagan wrote a concurring opinion to say that while the old history was enlightening and adequate to support the agency’s constitutionality, modern practice supported it as well. “All the flexibility and diversity evident in the founding period,” she wrote, has “continued unabated” when it comes to financing government operations. Notably, two of the court’s conservatives, Justices Brett Kavanaugh and Amy Coney Barrett, in addition to Justice Sonia Sotomayor, joined Justice Kagan’s endorsement of the significance of later, even contemporary, practice when interpreting the Constitution.

Persons: Clarence Thomas, Thomas, Elena Kagan, ”, Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Kagan’s, Samuel Alito, Neil Gorsuch Organizations: Consumer Financial, United States, Appeals, Fifth Circuit

☆ Tired, testy and fractured: The Supreme Court prepares for more drama
▼ + stars: | 2024-05-24 | by ( Joan Biskupic | ) edition.cnn.com time to read: +13 min

CNN —As Supreme Court justices try to resolve more than a dozen major cases over the next month, including whether Donald Trump must stand trial for election subversion, they appear mired in antagonism and distrust. Conservatives, who indeed hold the upper hand on the 6-3 court, nonetheless spike their writing and remarks with derision for the left. When the court majority allowed Louisiana state officials to use a map with a second majority-Black congressional district (over the protest of a GOP-backed group of White voters), the three liberals dissented. (A lower US court had referred to it as the “bleaching of African American voters” from the district.) Dissenting liberals emphasized that the decision reversing the lower court undercut a 2017 Supreme Court ruling, Cooper v. Harris, issued before the far-right majority took hold.

Persons: Donald Trump, Samuel Alito, Alito, Elena Kagan, Clarence Thomas, Ketanji Brown Jackson, John Roberts, Richard Nixon, Bill Clinton, Sonia Sotomayor, Kagan, Jackson, Blacks, Purcell, ’, Amy Coney Barrett, “, ” Barrett, Roberts, ” They, Bush, Feedback Kavanaugh, Gore, Cooper, Harris, ” Kagan, ” Alito, Joe Biden’s, Biden, Martha, Ann, ”, Alito tersely, Kagan’s, Edwin Kneedler, ” Roberts, Kneedler, Joshua Turner, Sotomayor, ” Sotomayor, Turner, interjected Organizations: CNN, Trump, Consumer Financial Protection Bureau, Liberal, GOP, White voters, Congress, Gore, South, American, Capitol, New York Times, US Justice Department Locations: America, Colorado, South Carolina, Carolina, Louisiana, Virginia, New Jersey, American, Alito’s, Jersey, Grants Pass , Oregon, Idaho, The Idaho

☆ Biden’s EPA is trying to take a huge bite out of the climate crisis. But can it survive Trump’s Supreme Court?
▼ + stars: | 2024-05-22 | by ( Ella Nilsen | ) edition.cnn.com time to read: +10 min

Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson. And environmental attorneys are intrigued by Barrett, who has had some tough questions for EPA’s challengers during recent Supreme Court arguments. The Supreme Court ruled in 2007 that the EPA can use its authority to regulate greenhouse gases. That gives the agency the recent Congressional direction the Supreme Court has said it so badly needs, some experts said.

Persons: Joe Biden’s, Richard Lazarus, “, Michael Regan, ” “, ” Regan, Regan’s, ” Lazarus, Samuel Alito, Clarence Thomas, Neil Gorsuch, Gorsuch, Alito, ” David Doniger, “ Alito –, ”, Reagan, Anne Gorsuch, Sonia Sotomayor, John Roberts, Elena Kagan, Amy Coney Barrett, Brett Kavanaugh, Ketanji Brown Jackson, J, Scott Applewhite, Amy Coney Barrett –, Roberts, Barrett, Kavanaugh, Sackett, “ He’s, he’s, doesn’t, Ann Carlson, ” Carlson, ” Doniger Organizations: CNN, Joe Biden’s Environmental Protection Agency, Harvard Law, EPA, Republican, Natural Resources Defense Council, Chevron, DC, Appeals, DC Circuit, University of California, Biden, Congress Locations: China, United, Virginia, University of California Los Angeles, West Virginia, Congress

☆ How Trump’s first term may have laid the groundwork to make his radical immigration agenda a reality
▼ + stars: | 2024-05-19 | by ( Phil Mattingly | ) edition.cnn.com time to read: +17 min

Trump’s advisers don’t see their agenda as aspirational political messaging. “Think about the first term, but on steroids,” a former senior Trump administration official who is working outside the campaign to draft immigration policy options for a second term. In closed-door fundraisers, Biden has also called attention to the radical nature of Trump’s immigration proposals – something his 2020 campaign used to its advantage. It shouldn’t.”The dramatic scale of Trump’s immigration agenda would have a sweeping effect across the US, Schulte said – one that shouldn’t get lost in debates over his rhetoric. Once viewed as radical and relegated to the fringes of the GOP, Trump’s immigration agenda is now an animating force for most, if not all, Republicans on Capitol Hill.

Persons: Donald Trump, Trump, don’t, ”, “, Todd Schulte, Joe Biden, Stephen Miller, ” Miller, Sebastian Gorka, Trump’s, Miller, ” Trump, Eisenhower, Clinton, Karoline Leavitt, Leavitt, Biden Biden, Biden, Biden’s, would’ve, ” There’s, SSRS, ” Biden, that’s, ” Schulte, Schulte, –, shouldn’t, “ He’s, Steve Vladeck, “ That’s, Neil Gorsuch, – Brett Kavanaugh, Amy Coney Barrett –, Vladeck Organizations: CNN, Republican, Supreme, National Guard, Trump, Democratic, Trump White House, Refugee, US Navy, Pentagon, White, Border Patrol, Department, Office, Senate Democratic, Democrats, Gallup, Biden, ” Trump, GOP, Republicans, Capitol, CNN Supreme, University of Texas Locations: United States, Panama, Mexico, torpedoing, California, America, Michigan, Ohio

☆ The US did a complete 180 on same-sex marriage
▼ + stars: | 2024-05-17 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +8 min

The vast majority of Americans opposed same-sex marriage on May 17, 2004, when the first same-sex couples took their vows after a court decision in Massachusetts. Barack Obama notably opposed same-sex marriage when he ran for president as a Democrat in the 2008 election and, as public opinion was rapidly shifting, changed his tune in 2012 to support same-sex unions. Warnings were unfoundedThere is also evidence that warnings about same-sex marriage somehow endangering “traditional marriage” simply never materialized. A new study by researchers for the RAND Corporation to assess two decades of same-sex marriage in the US argues marriage rates actually increased among opposite-sex couples as same-sex couples were granted the ability to marry in certain states. A key difference between support for same-sex marriage and support for abortion rights, according to Lundry, is that support for abortion rights has remained positive for decades, in contrast to same-sex marriage, which saw a complete turnaround.

Persons: CNN —, Mitt Romney, George W, Bush, Hillary, Julie Goodridge, Charles Krupa, Sen, John Kerry, Hodges, Barack Obama, Obama, Romney, Anthony Kennedy, Ruth Bader Ginsburg, Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas, Samuel Alito, weren’t, ” Romney, Obergefell, —, PRRI, Alex Lundry, Republican pollster, “, ” Lundry, Gen, Dick Cheney, Joe Biden Organizations: CNN, Republican, House, Boston City Hall, Massachusetts Democrat, Democrat, Supreme, Gallup, RAND Corporation Locations: Massachusetts, Utah, Oregon, Ohio, Without Ohio, America

The Consumer Financial Protection Bureau headquarters in Washington, D.C., on May 14, 2021. The Supreme Court ruled Thursday that the funding structure of the Consumer Financial Protection Bureau is legal. The court in a 7-2 decision rejected an argument that the CFPB's funding method violated the U.S. Constitution's Appropriations Clause because Congress had not annually authorized money for the agency. Instead, Congress authorized the CFPB to draw funding from the Federal Reserve system that the agency's director deems necessary for its work. The majority's ruling reversed a decision by the 5th Circuit U.S. Court of Appeals, which found the CFPB's funding mechanism was unconstitutional.

Persons: Clarence Thomas, Thomas, John Roberts, Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Samuel Alito, Neil Gorsuch, Thursday's, Alito groused Organizations: Consumer Financial, Washington , D.C, Federal Reserve, Federal, System, 5th Circuit U.S, of Appeals, Community Financial Services Association of America, Consumer Service Alliance of Texas Locations: Washington ,

☆ Election Updates: Barron Trump will be a delegate at the Republican Convention.
▼ + stars: | 2024-05-09 | by ( Michael Gold | ) www.nytimes.com time to read: +6 min

“I worry about fundamental freedoms across the board.”Asked what specific legal precedents could be undone by the court, Ms. Harris demurred, saying she was “hesitant” to do so. Image At a campaign event in Elkins Park, Pa., on Wednesday, Ms. Harris cast abortion rights as an issue of personal freedom. She said she judged Mr. Trump based on his conduct, adding that she had never met him personally. “I think they might do that,” Mr. Trump said of states’ monitoring of women’s pregnancies in an interview with Time magazine last month. Ms. Harris said she was not worried that such efforts could help Mr. Trump win support from voters who support abortion rights.

Persons: Kamala Harris, Biden’s, Clarence Thomas, ”, Harris, “, Harris demurred, Harris’s, Biden, Donald J, Trump, John Roberts, Roe, Wade, Thomas’s, Thomas, Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch, Mr, Kavanaugh, Justin T, Sheryl Lee Ralph, “ It’s Organizations: The New York Times, Mr, Trump, Time, “ Abbott, Biden, United Locations: “, San Francisco, Pennsylvania, California, Elkins Park, Pa, Washington, United States

☆ Mark Meadows asked the Supreme Court to recognize his 'just following orders' defense. A right-wing justice wasn't buying it.
▼ + stars: | 2024-04-28 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +8 min

Mark Meadows has requested Supreme Court to recognize immunity for president's subordinates. One of Trump's own Supreme Court appointees seemed to draw the opposite conclusion. AdvertisementBefore the Supreme Court heard oral arguments in former President Donald Trump's immunity case, Mark Meadows tried to get his foot in the door. AdvertisementJudges have denied Meadows's attempts to move his criminal case to federal court, which could be more favorable legal territory. AdvertisementA Trump appointee had the opposite approachIn Thursday's hearings, the Supreme Court didn't directly take up the issue.

Persons: Mark Meadows, Trump's, —, Donald Trump's, Trump, Joe Biden's, Meadows, doesn't, didn't, Neil Gorsuch —, John Sauer, Gorsuch, Sauer, we've, they're, Anthony Michael Kreis, George Terwilliger, Michael Dreeben, Amy Coney Barrett, Barrett, Donald Trump, Neil Gorsuch, Carolyn Kaster, Samuel Alito, Alito, Kreis, Richard Nixon, Ronald Reagan, That's, it's Organizations: Trump, Service, Republican, Attorney's, Supreme, Constitutional Convention, Georgia State University, Justice Department, Department of Justice, Kreis Locations: Georgia, Meadows, Fulton County, Atlanta, Fulton

☆ How Justice Amy Coney Barrett drove the Supreme Court’s debate on abortion and Trump immunity
▼ + stars: | 2024-04-27 | by ( John Fritze | ) edition.cnn.com time to read: +7 min

Barrett pins Trump down on his absolute immunity argumentsAs the second-least senior justice, Barrett sits at the far end of the Supreme Court’s mahogany bench. That was a notable break from earlier arguments Trump submitted that called for “absolute” immunity on a much wider scale of acts. A party turns to a private attorney, Barrett hypothesized, “who was willing to spread knowingly false claims of election fraud” to spearhead his challenges to an election. That appeared to be a reference to former Trump attorney Rudy Giuliani, identified by CNN as “co-conspirator 1” in Smith’s indictment. “This is where someone like Justice Barrett gets to pressure test an advocate’s points,” she said.

Persons: John Roberts, Amy Coney Barrett, ”, Donald Trump, Barrett, Trump’s, Trump, Roe, Wade, “ We’ve, Steve Vladeck, “, Jack Smith’s, John Sauer, –, Sauer, Smith, Rudy Giuliani, ” Barrett, ” Sauer, Michael Dreeben, ” Dreeben, Ilya Somin, ” Somin, ” ‘, Sonia Sotomayor, quizzing, Biden, Sotomayor, Josh Turner, Turner, I’m, ” Turner, ” Barrett interjected, ’ ”, Beth Brinkmann, litigator Organizations: CNN, Center for Reproductive Rights, University of Texas School of Law, Trump, George Mason University Locations: Idaho

☆ How a Supreme Court Immunity Ruling Could Affect Trump’s Election Case
▼ + stars: | 2024-04-26 | by ( Alan Feuer | ) www.nytimes.com time to read: +1 min

If the Supreme Court’s hearing on Thursday about former President Donald J. Trump’s claims of executive immunity is any indication of how the court might ultimately rule, the justices could end up helping Mr. Trump in two ways. The justices signaled that their ruling, when it comes, could lead to some allegations being stripped from the federal indictment charging Mr. Trump with plotting to overturn the 2020 election. And because the process of determining which accusations to keep and which to throw away could take several months, it would all but kill the chance of Mr. Trump standing trial on charges that he tried to subvert the last election before voters get to decide whether to choose him again in this one. Near the end of the arguments, however, Justice Amy Coney Barrett abruptly floated a way that prosecutors could maneuver around that time-consuming morass. If the special counsel, Jack Smith, wanted to move more quickly, she said, and avoid the ordeal of lower courts reviewing his indictment line by line, deciding what should stay and what should go, he could always do the job himself.

Persons: Donald J, Trump’s, Trump, Amy Coney Barrett, Jack Smith

☆ 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

☆ Supreme Court might not give Trump sweeping immunity — but it's likely to give him the one victory he wants
▼ + stars: | 2024-04-25 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +7 min

But a majority of Supreme Court justices appear ready to hand the former president an immediate victory. Still, the Supreme Court justices do not appear likely to dismiss the former president's claims quickly, raising the likelihood that Trump may not face trial for trying to overturn the 2020 election before November. He drew his arguments from an earlier Supreme Court case that mapped the line for presidential immunity in civil matters. The Supreme Court weighs Trump's immunity claim. It is possible that the Supreme Court could rule that a more detailed review of Trump's conduct is best left to a lower court.

Persons: Donald Trump, —, Trump, Jack Smith, Trump's, you've, Brett Kavanaugh, Sauer, Kavanaugh, Tanya Chutkan, Smith, Joe Biden, it's, John Sauer, Jabin, Samuel Alito, Alito, Amy Coney Barrett, Barrett, Michael Dreeben, Dreeben, Ketanji Brown Jackson, Jackson, John Roberts, Jackon, Justice Alito, Roe, Wade, Anthony Kennedy's, Hodges, Neil Gorsuch Organizations: Service, Trump, Washington, Getty Locations: DC, Dobbs v, Obergefell

☆ Trump's lawyer says presidents could get away with crimes if they aren't discovered until after they leave office
▼ + stars: | 2024-04-25 | by ( Jacob Shamsian | Brent D. Griffiths | ) www.businessinsider.com time to read: +3 min

Trump's lawyers say a president can get away with crimes if Congress doesn't find out about it while they're in office. If a president leaves before Congress can impeach and convict, they're home free, Trump's lawyers say. Related storiesIn oral arguments Thursday, Justice Amy Coney Barrett asked what would happen if potential criminal conduct wasn't discovered until after a president already left office. "What if the criminal conduct isn't discovered until after the president is out of office, so there was no opportunity for impeachment?" Smith didn't bring his indictment against Trump until the summer of 2023 — more than two years after Trump left office.

Persons: doesn't, they're, —, It's, Donald Trump, Trump's, John Sauer, don't, Trump, Jack Smith's, Amy Coney Barrett, wasn't, isn't, Sauer, Antonin Scalia, Smith didn't, Joe Biden's Organizations: Supreme, Service, US, US Senate, Trump

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

☆ Donald Trump again is trying to bend the Supreme Court to his will
▼ + stars: | 2024-04-24 | by ( Joan Biskupic | ) edition.cnn.com time to read: +11 min

CNN —When he was president, Donald Trump tried to make the Supreme Court his own. In a video earlier this month, Trump announced his campaign position on abortion, including his personal thanks – one-by-one – to the Supreme Court justices who had voted against the 1973 Roe v. Wade milestone. Lower court judges ruled against Trump, saying whatever immunity he might have enjoyed as president ended when he left office. Beyond the substance of cases, Roberts and Trump clashed memorably when Trump in 2018 disparaged a US trial judge in partisan terms. At the Supreme Court, lawyer John Sauer will represent Trump, as he did before the DC Circuit.

Persons: Donald Trump, Roe, Wade, Trump, Jack Smith, Joe Biden, “, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, –, ’, Clarence Thomas, Virginia “ Ginni ” Thomas, Thomas, ”, ” Smith, Nixon’s, Ford’s, ” Trump, Juan Merchan, John Roberts, Roberts, Vance, Smith, Obama, it’s, ” Roberts, Bush, Clinton, Madison, Richard Nixon, Nixon, Fitzgerald, Marbury, John Sauer, Trump’s, Michael Dreeben, Dreeben Organizations: CNN, Supreme, Trump, Social, Democratic, DOJ, US Justice Department, Jackson, Health Organization, recusal, DC US, Trump rejoined, Madison, DC Circuit, Department of Justice Locations: America, Dobbs v, Washington, New York, Colorado, Florida, United States, Manhattan, Marbury, Marbury v, Fitzgerald, “

☆ 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

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