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☆ How Samuel Alito got canceled from the Supreme Court social media majority
▼ + stars: | 2024-07-31 | by ( Joan Biskupic | ) edition.cnn.com time to read: +15 min

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

☆ 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

☆ Texas councilwoman can sue over arrest she claims was politically motivated, Supreme Court rules
▼ + stars: | 2024-06-20 | by ( John Fritze | ) edition.cnn.com time to read: +4 min

In an unsigned opinion, the high court said a federal appeals court took an “overly cramped view” of an earlier precedent that control when people may sue for First Amendment retaliation claims. Normally, a person alleging retaliatory arrest must demonstrate police had not proven probable cause. In its opinion Thursday, the court ruled that Gonzalez should be allowed to present her evidence that she was arrested as retaliation for her actions. “Probable cause defeats a retaliatory arrest claim.”Prosecutors ultimately dropped the charges against Gonzalez. The Supreme Court did not immediately respond to a request for comment about Alito’s absence.

Persons: Clarence Thomas, Sylvia Gonzalez, Gonzalez, –, Thomas, “, ” Thomas, ”, Samuel Alito Organizations: CNN, Supreme, ” Prosecutors, Appeals Locations: Texas, Castle Hills , Texas

☆ Supreme Court Allows Suit Over Arrest Said to Be Politically Motivated
▼ + stars: | 2024-06-20 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

A former Texas city councilwoman may pursue a lawsuit claiming that officials had abused their power by arresting her in retaliation for exercising her First Amendment rights, the Supreme Court ruled on Thursday. The court’s five-page opinion was unsigned, which is unusual in argued cases. Justice Samuel A. Alito Jr. issued a 16-page concurring opinion, writing only for himself. The unsigned opinion said an appeals court had taken “an overly cramped view” of the evidence required to prove a retaliatory arrest. The appeals court should have considered, the opinion said, objective evidence presented by the councilwoman, Sylvia Gonzalez, that the criminal law under which she had been charged had never been used in the county in similar circumstances.

Persons: Samuel A, Alito Jr, Clarence Thomas, Sylvia Gonzalez Locations: Texas

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