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☆ 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

☆ Justice Kagan order: Apple doesn’t have to change app store terms while battling Epic in court
▼ + stars: | 2023-08-09 | by ( Brian Fung | ) edition.cnn.com time to read: +1 min

Washington CNN —A judicial order forcing Apple to change some of its app store terms will not need to take immediate effect while litigation over the decision plays out, Supreme Court Justice Elena Kagan said on Wednesday, handing a temporary defeat to opponents of the company. The order is a setback for “Fortnite”-maker Epic Games as Apple appeals a lower-court ruling that found the iPhone-maker had violated California competition law. Epic Games declined to comment on Kagan’s decision, which occurred in the Supreme Court’s so-called “shadow docket” and was not referred to the full court. The appeals court temporarily paused enforcement of the injunction while Apple appeals the ruling to the Supreme Court. But last month, Epic Games filed an emergency request to the court calling for the order to be put into effect immediately, saying the public would otherwise be harmed by Apple’s practices.

Persons: Elena Kagan, Fortnite, Apple didn’t, Apple Organizations: Washington CNN, Apple, Supreme, Epic, Epic Games Locations: California

☆ 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, “, ”

But under a Colorado public accommodations law, she said she cannot post the statement because the state considers it illegal. The ruling – rooted in free speech grounds – will pierce state public accommodation laws for those businesses who sell so-called “expressive” goods. It is the latest victory for religious conservatives at the high court and will alarm critics who fear the current court is setting its sights on overturning the 2015 marriage case. When the Supreme Court agreed to hear the case in February 2022, the justices sidestepped whether the law violated Smith’s free exercise of religion. In court, Waggoner said that the law works to compel speech in violation of the First Amendment.

Persons: Justice Neil Gorsuch, John Roberts, Samuel Alito, Amy Coney Barrett, Brett Kavanaugh, Clarence Thomas, Justice Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Lorie Smith, Gorsuch, ”, Smith’s, ” Gorsuch, Sotomayor, “, ’, Kristen Waggoner, Matthew Shepard, ” Sotomayor, Bostock, Trump, Kelley Robinson, Ritchie Torres, ” Torres, Waggoner, Smith, Smith –, –, ” Smith, ” Waggoner, Eric Olson Organizations: CNN, Chief, U.S, Supreme, Pride Month, Civil, American Civil Liberties Union, ”, Democratic, Twitter, Appeals Locations: Colorado, United States, Clayton County

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