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“The Supreme Court has a limited role to play death penalty cases,” said Paul Cassell, a University of Utah law professor who is representing a victim’s family in another death penalty case before the high court this year. Another involves an Alabama man who claims he is intellectually disabled and therefore ineligible for execution under Supreme Court precedent. The Supreme Court’s approach to death penalty appeals is “to correct severe misapplications of constitutional law by America’s state court systems,” said Seth Kretzer, a Texas attorney who has represented death row inmates at the Supreme Court. Alabama is appealing that decision to the Supreme Court and has been waiting more than year for an answer. In Oklahoma, Brenda Andrew faces the death penalty for the 2001 shooting death of her estranged husband.
Persons: Marcellus Williams, Felicia Gayle, Williams, , Cliff Sloan, , dissents, Paul Cassell, Cassell, Richard Glossip, Barry Van Treese, Justin Sneed, Glossip, Sneed, Republican Gentner Drummond, ” Williams, Wesley Bell, Bell, Andrew Bailey, Bailey, Robert Dunham, ” Cassell, Van, , Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson –, Sotomayor, Kenneth Smith, Smith, ” Smith, Seth Kretzer, Kretzer, Joseph Smith, Brenda Andrew, Andrew, ” CNN’s Devan Cole Organizations: CNN, NAACP, Supreme, Georgetown Law, University of Utah, Republican, Glossip, Democrat, Missouri, Court, Eighth, Alabama, Appeals Locations: Missouri, Oklahoma, Alabama, Oklahoma City, Louis, Texas
Behind the scenes, the conservative justice sought to put a thumb on the scale for states trying to restrict how social media companies filter content. The states enacted their laws in 2021 and, with variations, restricted the ability of social media platforms to filter third-party messages, videos and other content. Greg Abbott signed that state’s measure, he said, “there is a dangerous movement by social media companies to silence conservative viewpoints and ideas.” In Florida, Gov. Kagan added a footnote to her majority opinion buttressing that point and reinforcing Barrett’s view. But, despite Alito’s protest, Kagan had a majority signing her decision, which, at minimum, offers lower court judges a strong indication of the framework the high court majority would use in future online challenges.
Persons: Samuel Alito, Alito, Amy Coney Barrett, Ketanji Brown Jackson, Justice Elena Kagan, Donald Trump, Joe Biden, SCOTUS, Trump, Greg Abbott, , Ron DeSantis, Andrew Oldham, Kevin Newsom, Newsom, Feedback Alito, NetChoice, unconstitutionality, Clarence Thomas, Neil Gorsuch, Barrett, Jackson, Kagan, John Roberts, Sonia Sotomayor, Brett Kavanaugh, ” Barrett, Justice Roberts, CNN Jackson, , ” Kagan, , Thomas, Gorsuch, Sylvia Gonzalez, Gonzalez’s, Gonzalez, Trevino, Alito’s, haven’t, Republican Trump, Judge Oldham Organizations: CNN, New York Times, Democratic, Trump, Facebook, Twitter, Texas Gov, Gov, Big Tech, Texas, Appeals, Oldham, YouTube, Chief, Supreme, Circuit, Republican Locations: Texas, Trump, SCOTUS The Texas, Florida
Those actions, the state court ruled, violated Section 3 of the 14th Amendment and left Trump ineligible to appear on the state’s ballot. Monday’s Supreme Court decision appeared certain to shut down those and other efforts to remove the frontrunner for the GOP nomination from the ballot. Supreme Court avoids insurrectionist debateThe Supreme Court’s opinion doesn’t directly address whether Trump’s actions on January 6 qualified as an “insurrection” – skirting an issue that the courts in Colorado wrestled with. “While the Supreme Court allowed Donald Trump back on the ballot on technical legal grounds, this was in no way a win for Trump,” Noah Bookbinder, the group’s president said. That decision, they said, wasn’t before the Supreme Court in the case and would “insulate all alleged insurrectionists” from future challenges.
Persons: Donald Trump, , , Trump, , Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Barrett, Trump’s, ” Noah Bookbinder, ’ Barrett, ” “, ” Barrett, – Sotomayor, Kagan, Jackson –, wasn’t, insurrectionists ” Organizations: CNN, Capitol, Trump, GOP, US Capitol, Liberal Locations: Colorado, Colorado’s, Maine, Illinois, Washington, The Colorado
The court scheduled 80 minutes for the arguments that will kick off shortly after 10 a.m. Though the 14th Amendment was ratified in 1868, the court has never before wrestled with a claim based on the insurrection clause. The case, Trump v. Anderson, is on appeal from the Colorado Supreme Court, which in December ruled that the former president is no longer eligible to serve. Trump is simultaneously juggling four criminal prosecutions – including one that could reach the Supreme Court in coming days dealing with whether he can claim immunity from criminal prosecution. While the stakes for Trump are enormous, they are also significant for the Supreme Court.
Persons: Donald Trump’s, Bush, Gore, , Kermit Roosevelt, ” Trump, Anderson, Trump, Michael Gerhardt, John Roberts, Elena Kagan, Roberts, Sonia Sotomayor, Ketanji Brown Jackson, Kagan, Barack Obama, “ Roberts, ” Gerhardt, , ” CNN’s Marshall Cohen Organizations: CNN, GOP, Trump, University of Pennsylvania Carey Law School, Supreme, Colorado Supreme, Capitol, University of North, Republican, New, Interplay Locations: Colorado, Maine, University of North Carolina, Iowa, New Hampshire
The Supreme Court heard oral arguments for Biden's student-debt relief on Tuesday. The nation's highest court heard more than four hours of oral arguments in two high-profile cases that reviewed Biden's plan to cancel up to $20,000 in debt for federal borrowers, which lower courts temporarily paused in November. "We're talking about half a trillion dollars and 43 million Americans," Chief Justice John Roberts said, referring to the estimated costs of Biden's plan and the number of affected borrowers. Justice Elena Kagan raised a hypothetical national emergency of an earthquake and the education secretary responded by deciding to cancel student loans for those harmed. Still, even if Barrett and the court's three liberals find that the states and borrowers lack standing, they would need another conservative vote to uphold Biden's debt relief.
Biden and Senate Democrats, even while holding the barest of majorities, confirmed 97 Article III judges over the last two years, including a Supreme Court justice, 28 circuit court judges and 68 district court judges, according to White House data obtained by CNN. “You can be sure that judges will remain a top priority in the Congress to come,” Senate Majority Leader Chuck Schumer said. For Biden and other Democrats, the filling of federal judicial openings took on a new level of significance in the wake of the historically successful push by former President Donald Trump and Senate Republicans. While a Senate rule change easing the pathway to confirmation rapidly accelerated McConnell’s efforts in Trump’s final two years, the pace Biden and Senate Democrats have maintained make clear what officials continue to pledge will be followed by action: that judicial nominations will remain a top priority. Biden’s senior team and counsel’s office tightly coordinated with their Senate counterparts throughout first two years to prioritize the efforts.
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