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☆ Bloomberg: Supreme Court appears to side with Biden admin in abortion case, according to draft briefly posted on website
▼ + stars: | 2024-06-26 | by ( John Fritze | ) edition.cnn.com time to read: +8 min

The release was a stunning development at the Supreme Court, which usually safeguards the release of its opinions. The abortion case was considered among the most significant of the current term that is winding down ahead of the July 4 holiday. A Supreme Court spokeswoman confirmed that a “document” was “inadvertently and briefly uploaded” to the court’s website. The decision came days after the Supreme Court unanimously rejected an effort by anti-abortion groups to limit access to the abortion pill mifepristone. In January, the Supreme Court agreed to decide the case and allowed the law to take effect while it did so.

Persons: Roe, Wade –, Biden, ”, “, Patricia McCabe, Elena Kagan, Justice Ketanji Brown Jackson, wouldn’t, Steve Vladeck, Case, Reagan, Elizabeth Prelogar, Prelogar, Amy Coney Barrett, Joshua Turner, Weeks Organizations: CNN, Bloomberg News, Bloomberg, Supreme, Politico, US, Justice, University of Texas School of Law, of Justice, White, Justice Department, Idaho, Labor, Biden, Republican Locations: Idaho

☆ 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

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 law barring domestic abusers from owning guns in major Second Amendment ruling
▼ + stars: | 2024-06-21 | by ( John Fritze | ) edition.cnn.com time to read: +5 min

CNN —The Supreme Court upheld a federal law Friday that bars guns for domestic abusers, rejecting an argument pressed by gun rights groups that the prohibition violated the Second Amendment. The 8-1 decision lands as the nation continues to grapple with gun violence and mass shootings. A roiling political debate over firearms has left Washington unable to pass new gun laws. The decision could help shore up similar federal gun regulations that have been challenged since the Supreme Court vastly expanded gun rights in 2022. Rahimi’s lawyers claimed that the Supreme Court’s blockbuster decision two years ago meant that the law on domestic violence orders could not be squared with the Constitution.

Persons: John Roberts, Roberts, ” Roberts, ”, Steve Vladeck, Clarence Thomas, “, ” Thomas, Zackey Rahimi, Thomas, Biden, Joe Biden’s, Hunter, ” Biden, Alito, Samuel Alito Organizations: CNN, University of Texas School of Law, New York, Government, Appeals, Supreme Locations: Washington, State, New, Texas, Bruen, New Orleans

☆ Supreme Court rejects challenge to abortion pill mifepristone
▼ + stars: | 2024-06-13 | by ( John Fritze | Tierney Sneed | ) edition.cnn.com time to read: +8 min

As those bans helped propel the demand for medication abortion, mifepristone became a logical target for the anti-abortion movement. None of those lower court rulings went into effect because the Supreme Court intervened last year and ordered that the status quo around mifepristone remain in place until the justices reviewed the case. The Supreme Court heard arguments in March. Both the FDA and several medical groups, including the American Medical Association, told the Supreme Court that mifepristone is safe. The mifepristone appeal was one of two abortion cases the high court was considering this month.

Persons: Roe, Wade, Brett Kavanaugh, “, ” Kavanaugh, Kavanaugh, ”, Clarence Thomas, mifepristone, Donald Trump, Matthew Kacsmaryk, —, –, Kacsmaryk, Biden, Steve Vladeck, Joe Biden Organizations: CNN, Food, Legislative, Trump, FDA, US, American Medical Association, Alliance for Hippocratic, University of Texas School of Law, Jackson, Health Organization, Biden Locations: Texas, mifepristone, Amarillo , Texas, Dobbs v, Idaho

☆ Supreme Court saves consumer protection agency after a challenge from conservatives and the payday lending industry
▼ + stars: | 2024-05-16 | by ( John Fritze | Joan Biskupic | ) edition.cnn.com time to read: +3 min

Congress created the bureau in 2010 to protect consumers from financial scams. The payday lending groups sued over a 2017 bureau rule that prohibited attempts to withdraw payments from accounts after two consecutive tries failed due to insufficient funds. Because of that, the conservative appeals court tossed the payday lending rule. The Biden administration appealed to the Supreme Court in 2022. CNN Supreme Court analyst Steve Vladeck said the ruling is another instance of the high court not endorsing controversial opinions from the 5th Circuit.

Persons: Clarence Thomas, Biden, Massachusetts Democratic Sen, Elizabeth Warren, ” Thomas, Steve Vladeck, “, would’ve, ”, Vladeck, Samuel Alito, ” Alito, Neil Gorsuch, Stuart, Trump Organizations: CNN, Massachusetts Democratic, Federal Reserve, Circuit, University of Texas School of Law Locations: New Orleans

☆ Supreme Court allows second majority-Black district in Louisiana over liberal dissents
▼ + stars: | 2024-05-15 | by ( John Fritze | Fredreka Schouten | ) edition.cnn.com time to read: +8 min

The ruling will have an impact beyond the Louisiana district, which likely explains the vote count, said CNN Supreme Court analyst Steve Vladeck. The Supreme Court has never defined what constitutes a “last-minute” election decision that should bar courts from weighing into such disputes. In a brief dissent, Justice Ketanji Brown Jackson said it was premature for the Supreme Court to intervene in the case. Louisiana came to the Supreme Court caught between two lower court orders. Two years ago, the Supreme Court allowed that map to be used in the midterm even though a lower court said it was likely illegal.

Persons: Sen, Cleo Fields, “, ”, Liz Murrill, –, Steve Vladeck, Vladeck, Purcell, Justice Ketanji Brown Jackson, Purcell “, ” “, ” Jackson, Jackson, ” Vladeck, “ Today’s, Garret Graves, Jeff Landry’s, ” Michael McClanahan, ” Edward Greim, Paul Hurd Organizations: CNN, Democrats, Representatives, Democrat, Republican, US, CNN Supreme, Black, University of Texas School of Law, Louisiana Gov, Court, Supreme, White Republicans, White, NAACP Louisiana State Conference, “ Locations: Black, Louisiana, Shreveport, Baton Rouge, Rep, Bayou, Republican Louisiana

☆ 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

☆ Texas immigration controversy rekindles fight over Arizona’s ‘show me your papers’ law
▼ + stars: | 2024-04-03 | by ( Devan Cole | ) edition.cnn.com time to read: +8 min

CNN —The legal battle over a controversial Texas immigration law could eventually give the Supreme Court a chance to revisit a historic ruling that largely struck down Arizona’s “show me your papers” law and reaffirmed the federal government’s “broad, undoubted power” over immigration. “It would have been incredibly difficult for the 5th Circuit to let this law stand under existing Supreme Court precedent,” she said. ‘Show me your papers’ lawThe Arizona law is a high-profile example of what happens when states attempt to take immigration policy into their own hands. Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, known as SB 1070, into law in 2010. The Supreme Court upheld the “show me your papers” part of the law and struck down the three other parts.

Persons: ”, Andrew Schoenholtz, “, ” Denise Gilman, Biden, Jan Brewer, Justice Anthony Kennedy, ’, ” Kennedy, ” Gilman, Clarence Thomas, Samuel Alito, Antonin Scalia, Elena Kagan, Jessica Bulman, Scalia, ” “, Pozen, Obama, that’s, Priscilla Richman, Irma Carrillo Ramirez, Andrew Oldham –, Alito, –, Oldham, Greg Abbott Organizations: CNN, Texas ’, ., Georgetown Law, University of Texas School of Law, Circuit, Arizona Republican Gov, Enforcement, Act, National, National Government, Columbia Law School, “, Arizona Court, Oldham, Texas Republican Gov Locations: Texas, New Orleans, Arizona, . United States, El Paso County . Texas, United States, “ Arizona

☆ Opinion: Conservatives game the system to drag Supreme Court further into culture war
▼ + stars: | 2024-04-01 | by ( Steve Vladeck | ) edition.cnn.com time to read: +8 min

He is the author of the “One First” Supreme Court newsletter. Both cases were filed in federal district courts in which the plaintiffs could literally hand-pick the specific federal judge who would be assigned to hear the dispute. Indeed, the Supreme Court granted emergency relief in both the social media and mifepristone cases. But the Supreme Court is another matter. For once, the Supreme Court is the victim of right-wing litigation behavior, not the culprit.

Persons: Steve Vladeck, Stephen I, Biden, they’ve, Terry Doughty, Donald Trump, Matthew Kacsmaryk, Trump, —, Neil Gorsuch, Gorsuch Organizations: CNN, University of Texas School of Law, Monroe Division, Court, Western, Western District of, Amarillo Division, Northern, Northern District of, Appeals, Fifth, Fifth Circuit, Democratic, Ninth Circuit, Consumer Financial Protection Bureau, Securities, Exchange, Conference, United, Northern District of Texas, Judicial, Federal, FDA Locations: Murthy v . Missouri, Monroe, Western District, Western District of Louisiana, Amarillo, Northern District, Northern District of Texas, Orleans, Texas, Austin, West Coast, United States

☆ Federal judiciary clamps down on ‘judge-shopping’ tactics that have helped Texas block Biden and liberal policies
▼ + stars: | 2024-03-12 | by ( Tierney Sneed | ) edition.cnn.com time to read: +3 min

CNN —The policy-making body of the federal judiciary is clamping down on the system that conservatives have successfully used in recent years to hamstring President Joe Biden’s agenda and other federal policies, including those concerning reproductive rights. The new policy seeks to curb “judge-shopping,” the strategy where litigants strategically file lawsuits in courthouses where the cases will be guaranteed to be heard by judges perceived to be sympathetic to their arguments. While the strategy has long been used in patent cases, there been a concerted uptick for politically charged, wide-reaching cases that have been filed in Texas by Republican state attorneys general or conservative, private-sector parties. Under the new policy, such cases seeking nationwide or state-wide orders will go into the lottery system used by the entire district. “The current issue relates to nationwide injunctions or statewide injunctions,” Sutton said at a news conference Tuesday.

Persons: Joe Biden’s, mifepristone, Matthew Kacsmaryk –, Donald Trump, –, ”, Steve Vladeck, Jeffrey Sutton, ” Sutton, it’s Organizations: CNN, Republican, Food, Judicial, United States, Amarillo Division, Court, Northern, Northern District of, University of Texas School of Law Locations: Texas, Amarillo, Northern District, Northern District of Texas

☆ 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

☆ Supreme Court to decide Trump immunity claim, further delaying election subversion trial
▼ + stars: | 2024-02-28 | by ( John Fritze | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court agreed Wednesday to decide whether Donald Trump may claim immunity in special counsel Jack Smith’s election subversion case, adding another explosive appeal from the former president to its docket and further delaying his federal trial. The high court on Wednesday ordered that a lower court ruling against Trump remain on hold until it decides the issue. As is common when granting a case, the court released only a short order and did not indicate how the justices voted. Trump had filed an emergency request at the Supreme Court on February 12 asking the justices to block a lower court ruling that he was not immune from Smith’s election subversion charges. Trump and Smith filed dueling briefs at the Supreme Court over whether the decision should be put on hold.

Persons: Donald Trump, Jack Smith’s, Trump, It’s, Smith, SCOTUS, Steve Vladeck, “, ” Vladeck, ”, Vladeck, Tanya Chutkan, Trump’s, Karen LeCraft Henderson, Florence Pan, Michelle Childs, eviscerated, Gore, George W, Bush, Al Gore, CNN’s Hannah Rabinowitz, Devan Cole Organizations: CNN, Supreme, Republican, Trump, DC Circuit, University of Texas School of Law Locations: New York, Bush

☆ Why isn’t the Supreme Court moving faster on Trump’s immunity challenge?
▼ + stars: | 2024-02-24 | by ( John Fritze | ) edition.cnn.com time to read: +8 min

CNN —When special counsel Jack Smith asked the Supreme Court to reject former President Donald Trump’s immunity claims there was an unmistakable hue of urgency to the request. It could grant Trump’s request and then hold arguments and decide the merits of the immunity issue – perhaps on an expedited basis. The Supreme Court can move quickly, at least by judicial branch standards. George Walker IV/APThe Supreme Court denied that request, allowing the appeals court to review the case first. US Supreme Court Justice Sonia Sotomayor participates in a conversation with University of California Berkeley Law Dean Erwin Chemerinsky on Monday, January 29.

Persons: Jack Smith, Donald Trump’s, Smith, Trump, ”, Steve Vladeck, Tanya Chutkan, Chutkan, ” Smith, Donald Trump, George Walker IV, Randall Eliason, “, ” Eliason, Sonia Sotomayor, Amy Coney Barrett, we’re, ” Barrett, ” Sotomayor, Barack Obama, don’t, Trump’s, Vladeck, Biden, University of California Berkeley Law Dean Erwin Chemerinsky Organizations: CNN, University of Texas School of Law, DC, Appeals, National Religious Broadcasters, Gaylord, Supreme, DC Circuit, George Washington University, National Governors Association, Trump, Democratic, Boy Scouts of America, Boy Scouts, Boy Scouts of, Department of Homeland Security, University of California Berkeley Law, Capitol Locations: Mexico, Boy Scouts of America, Texas

☆ Trump’s radical second-term agenda would wield executive power in unprecedented ways
▼ + stars: | 2023-11-16 | by ( Kristen Holmes | ) edition.cnn.com time to read: +10 min

Wielding the power of federal law enforcement against political enemies. As he seeks a return to the Oval Office, former President Donald Trump and his allies have promised a sweeping transformation of the federal government that would wield the executive branch’s power in radical and unprecedented ways. However, none of these groups or individuals speak for President Trump or his campaign,” campaign advisers Susie Wiles and Chris LaCivita wrote in a statement. Trump’s campaign has recently brought on policy-focused hires who will help craft his policy messaging and eventually look at proposals from various conservative groups. “Stopping the invasion at our southern border is an urgent national security necessity and one of President Trump’s top priorities.

Persons: Donald Trump, arounds, Trump, Susie Wiles, Chris LaCivita, –, “, Joe Biden, Biden, ”, Stephen Vladeck, Trump’s, —, ” Trump, Privately, He’s, Larry Kudlow Organizations: CNN, Office, Trump, Heritage Foundation, Justice Department, Univision, DOJ, University of Texas School of Law, National Security and Intelligence, Oracle, Pentagon, Department, National Guard, Fox Business Locations: Washington, United States of America, Florida, State, America, Mexico, China, United States

☆ Supreme Court says Florida can’t enforce anti-drag law
▼ + stars: | 2023-11-16 | by ( Ariane De Vogue | Devan Cole | ) edition.cnn.com time to read: +4 min

CNN —The Florida law that limits drag shows in the state will remain blocked, the Supreme Court said Thursday, dealing a blow to a key initiative championed by Republican Gov. Florida had asked the high court to narrow a lower court’s injunction that stopped the law from being enforced statewide. The 11th US Circuit Court of Appeals declined Florida’s emergency application for a stay of the district court’s injunction, triggering the state’s ask to the Supreme Court for relief. Since the district court temporarily blocked enforcement of the law, the restaurant has returned to normal operations. The challenge to the law continues at lower courts, and Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, cautioned against drawing broader implications from Thursday’s order.

Persons: Ron DeSantis, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Ashley Moody, –, ”, ” Moody, Moody, Hamburger, Hamburger Mary’s, Steve Vladeck, Kavanaugh, Barrett, ” Vladeck, “ Organizations: CNN, Republican Gov, Conservative, University of Texas School of Law Locations: Florida, Ron DeSantis . Florida, ”, Orlando, “ Florida

☆ Opinion: The Supreme Court code of conduct misses this big thing
▼ + stars: | 2023-11-14 | by ( Opinion Stephen I. Vladeck | ) edition.cnn.com time to read: +7 min

Stephen I. Vladeck Courtesy of University of Texas School of LawThat mantra was ringing in my head as I reviewed the code of conduct voluntarily adopted by the Supreme Court on Monday, the first such formal code to govern the justices. In adopting these rules, the Supreme Court didn’t address that issue at all. Congress controls when and where the court sits; until 1935, the court sat in the Capitol — a powerful reminder of which branch was beholden to which. But it’s the least-worst alternative to a problem that the Constitution necessarily creates: how to have an independent Supreme Court that is nevertheless at least loosely accountable to the political branches. Accountability and independence aren’t mutually exclusive — something the justices are tacitly conceding by agreeing for the first time to formally adopt a code of conduct.

Persons: Stephen I, Charles Alan Wright, Robert Jackson, Clarence Thomas, Samuel Alito, they’ll, —, ”, John Marshall, it’s, I’ve, couldn’t, aren’t, ” isn’t, shouldn’t, Ronald Reagan Organizations: University of Texas School of Law, CNN, Supreme, Soviet, University of Texas School of, Judicial Conference, United, Congress, Capitol, Democratic, Republicans Locations: United States

This will be the first time that substantive arguments will be made in court about the four criminal cases brought against Trump this year. While he may still face an uphill battle to move his case, Meadows is “uniquely situated” in Willis’ case, said Steve Vladeck, a CNN analyst and professor at the University of Texas School of Law. The orders the judge has already issued have hewed tightly to the relevant statutes and case law, and he has moved the proceedings along efficiently. According to the grand jury indictment, Meadows arranged a call between Trump and Watson, and texted Watson himself to offer Trump campaign funding toward speeding up a ballot review in Fulton County. Willis also subpoenaed two lawyers who were on the Trump-Raffensperger phone call on Trump’s behalf: Kurt Hilbert and Alex Kaufman.

Persons: Fani Willis, Donald Trump, Mark Meadows, Fulton, Willis, Trump, Brad Raffensperger, Meadows, David Shafer, Cathy Latham, Willis ’, Steve Vladeck, ” Vladeck, Steve Jones, Jones, absented, ”, Lee Kovarsky, ” Kovarsky, Obama, Vladeck, Frances Watson, Watson, texted Watson, Kurt Hilbert, Alex Kaufman, “, Elliot Williams, ’ Organizations: CNN, White, Trump, Georgia, Georgia Republican, University of Texas School of Law, Meadows, Staff, University of Texas, Justice Department Locations: Fulton County, Georgia, Meadows, Trump’s New York, Manhattan, Atlanta

☆ Trump may try to move the Fulton County criminal case to federal court. Here’s why
▼ + stars: | 2023-08-17 | by ( Devan Cole | ) edition.cnn.com time to read: +7 min

The former president is also expected to try to move the case to federal court, according to multiple sources familiar with his legal team’s thinking. Successfully transferring their cases to federal court could provide some key advantages. Should the case actually go to trial in the federal court, Trump and Meadows or others could end up with a jury pool more sympathetic than the one they might get from around Atlanta, where the state courthouse for this case is based. Trump and Meadows could also argue in federal court that they are protected because their efforts were part of their official duties as president and White House chief of staff, respectively. He’s citing a federal law that allows civil action or criminal prosecution to be removed to federal court if the lawsuit or prosecution relates to conduct performed “under color” of a US office or agency.

Persons: Mark Meadows, Donald Trump, Georgia’s, Fani Willis, Trump, Willis –, “, ”, Andrew Fleischman, Meadows, Steve Vladeck, Clark Cunningham, ” Willis, Willis, Willis ’, ” He’s, Brad Raffensperger, Raffensperger, Steve Jones, Barack Obama, Rudy Giuliani –, –, ” Giuliani Organizations: CNN, White House, US, District of, Trump, CNN Supreme, University of Texas School of Law, Appeals, Georgia State University, White, Georgia, Staff, Meadows, “ Locations: Fulton County , Georgia, District of Georgia, Trump, Meadows, Atlanta, Fulton County, Georgia’s, Georgia, Fulton, Cobb County , Georgia, United States, New York

☆ The strengths and weaknesses of the Georgia election meddling case against Trump and his allies
▼ + stars: | 2023-08-16 | by ( Tierney Sneed | ) edition.cnn.com time to read: +10 min

“It’s a type of criminal liability that you can get in trouble for things that other people do,” said Ashleigh Merchant, a Georgia criminal defense attorney with experience in RICO cases. And she’ll be navigating around a federal prosecution of Trump for his 2020 election reversal schemes that has taken a much narrower approach. Here are the strengths and weaknesses of Willis’ strategy:Georgia’s sweeping RICO lawGeorgia’s version of a RICO law – which stands for Racketeer Influenced and Corrupt Organizations Act – is broader than the federal counterpart. Additionally, there is not much appellate case law around the state’s RICO statute, criminal defense attorneys in Georgia told CNN. There stands to be a significant overlap in evidence – including with testimony from some of the same witnesses – in the federal and Georgia cases.

Persons: Donald Trump, Fani Willis –, “, ”, Ashleigh Merchant, CNN Willis, Trump, Willis, Racketeer, Sandy Wallack, that’s, Trump's, Andrew Fleischman, Willis ’, ” Fleischman, Feedback Giuliani, he's, Mark Meadows, Steve Vladeck, Scott McAfee, –, ” Merchant, Jack Smith, Jack Smith’s, Smith, Trump’s, Clark Cunningham, ” Cunningham, It’s Organizations: CNN, Trump, Trump White House, state’s, Georgia, White House, CNN Supreme, University of Texas School of Law, Appeals, Georgia State University Locations: Fulton County, Atlanta, Georgia, Coffee County

The court's conservative majority has taken an expansive view of Second Amendment rights in a nation facing persistent gun violence including mass shootings. The court has widened gun rights in three major rulings since 2008. "The stakes are high for those experiencing domestic violence if violent partners can legally possess firearms," Lungwitz said. The National Rifle Association, an influential gun rights group, did not respond to a request for comment. "By removing those kinds of considerations, it makes constitutional law - and Second Amendment law, in particular - even more removed from the way that ordinary citizens think about constitutional protections."

Persons: Joe Biden's, Zackey Rahimi, Rahimi, Janet Carter, Bruen, James Ho, Donald Trump, Elizabeth Prelogar, Lungwitz, Jacob Charles, Charles, John Kruzel, Will Dunham, Scott Malone Organizations: U.S, Supreme, New York, Circuit, Appeals, Republican, University of Texas School, Law's, Violence, Democratic, National Rifle Association, Pepperdine University Caruso School of, Thomson Locations: WASHINGTON, Texas, New York, New Orleans

“The Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. We have never permitted admissions programs to work in that way, and we will not do so today,” Roberts wrote. During oral arguments, Solicitor General Elizabeth Prelogar stressed the unique interests of the military and argued that race-based admissions programs further the nation’s compelling interest of diversity. Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, said the decision will still not end the legal fight over college admissions. The Supreme Court stepped in to consider the case before it was heard by a federal appeals court.

Persons: John Roberts, “, ” Roberts, Clarence Thomas, ”, ” Thomas, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, ” Sotomayor, Sotomayor, Martin Luther King, Jackson, “ ‘, Roberts, Elizabeth Prelogar, ” Jackson, Kevin McCarthy, Republican Sen, Ted Cruz, Donald Trump, ” Trump, Mike Pence, ” Pence, Chuck Schumer, Laura Coates, Steve Vladeck, ” Vladeck, ” Long, SSFA, Loretta C, Biggs, ” Biggs, SFFA, Cameron T, Norris, Harvard “, Prelogar, Lewis F, Powell Jr Organizations: CNN, Harvard, University of North, UNC, Supreme, GOP, Republican, America, Truth, New York Democrat, University of Texas School of Law, Asian, Fair, Court, Middle, Middle District of, University, US, University of California, Bakke Locations: University of North Carolina, Independence, United States, Lower, Middle District, Middle District of North Carolina

☆ Supreme Court allows for Louisiana congressional map to be redrawn to add another majority-Black district
▼ + stars: | 2023-06-26 | by ( Tierney Sneed | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court on Monday allowed the Louisiana congressional map to be redrawn to add another majority-Black district. The appeals court expedited a fuller review of the case, but those proceedings were frozen last summer once the Louisiana officials successfully sought intervention from the Supreme Court. The Supreme Court in late June of last year, took up the case but put it on pause while it decided the challenge to the Alabama map. The state’s opponents countered that the district court in the Louisiana case had decided that the 5-1 map likely violated the Voting Rights Act under the same exact legal test the Supreme Court sanctioned in its Alabama ruling. “Black voters in Louisiana have suffered one election under a congressional map that unlawfully dilutes their political influence.

Persons: “, ”, Steve Vladeck, Vladeck, Shelly Dick, John Bel Edwards, Dick, Robinson, –, Milligan, Abha Khanna, ” Khanna, ” Angelique Freel Organizations: CNN, Alabama, CNN Supreme, University of Texas School of Law, Appeals, Fifth Circuit, Republican, Democratic Gov, Louisiana State, NAACP, Louisiana Republican, Elias Group Locations: Louisiana, Black, Alabama, ” Louisiana

☆ Supreme Court orders voting maps redrawn in Alabama to accommodate Black voters
▼ + stars: | 2023-06-08 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +12 min

CNN —The Supreme Court on Thursday ordered Alabama officials to redraw the state’s congressional map to allow an additional Black majority district to account for the fact that the state is 27% Black. The federal court ordered the creation of another majority Black district to be drawn. He said it would be impossible to draw a second majority Black district in the state without taking race into consideration. Instead, she wrote, the state plan “divides the Black voters within this well-established community of interest across several districts, and as a result, Black Alabamians have no chance to elect their preferred candidates outside of” the one Black majority district. “Black voters are significantly numerous and compact to form a majority in a reasonably configured district, as the district court specifically found,” she said.

Persons: John Roberts, Brett Kavanaugh, ” Roberts, Roberts, ”, Terri Sewell, “, ” Sewell, General Merrick Garland, –, Democrats –, Steve Vladeck, ” Vladeck, Sen, John Thune, ” Thune, Samuel Alito, Neil Gorsuch, Clarence Thomas, Gorsuch, ” Thomas, Alito, Amy Coney Barrett, ” Thomas ’, Edmund LaCour Jr, Alabama’s, LaCour, NAACP –, Abha Khanna, Khanna, ” Khanna, Alabamians, Biden, dilutions, Elizabeth Prelogar Organizations: CNN, Alabama, Republicans, Democratic, “, Central, Supreme, Trump, Democrats, University of Texas School of Law, Representatives, Republican, Judiciary, Black, ”, NAACP Locations: Alabama, United States, Black, Louisiana, Mobile , Montgomery, ”

☆ Casting a Bright Light on the Supreme Court’s ‘Shadow Docket’
▼ + stars: | 2023-05-17 | by ( Jennifer Szalai | ) www.nytimes.com time to read: +3 min

The boy had been asking, “Why?” about a perceived injustice — an order to leave the playground before he was ready. But merits decisions turn out to be “only a small sliver” of the Supreme Court’s output, Vladeck writes. All the soaring rhetoric and painstaking legal analysis amount to little more than 1 percent of the court’s decrees. The shadow docket doesn’t just serve as a neutral realm of routine case management; instead, “the court’s new conservative majority has used obscure procedural orders to shift American jurisprudence to the right.”Vladeck, a professor at the University of Texas School of Law and an analyst at CNN, chronicles how the shadow docket came to be. But it was capital punishment, he says, that really gave rise to the shadow docket as we know it.

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