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What the Supreme Court ruling on social media means
  + stars: | 2024-06-26 | by ( Brian Fung | ) edition.cnn.com   time to read: +8 min
What can the US government tell social media companies to do? Republican-led states, including Missouri and Louisiana, along with five social media users, claimed in 2022 that those contacts with social media companies were in fact part of an unconstitutional government campaign to silence free speech. Why is the government talking to social media companies? It avoided ruling on whether the government’s communications with social media companies violated the First Amendment. The FBI resumed sharing some threat information with social media companies earlier this year, prior to the Supreme Court’s decision, CNN has previously reported.
Persons: Laura Edelson, Edelson, we’ve, ” Edelson, “ That’s, – didn’t, Amy Coney Barrett, Barrett, ” Barrett, , James Grimmelmann, Biden, Karine Jean, Pierre, Nora Benavidez, ” Benavidez Organizations: CNN, FBI, Department of Homeland Security, Republican, Meta, Twitter, Northeastern University, Democracy, Cornell University, , Free Press Locations: Murthy v . Missouri, Covid, Missouri, Louisiana, United States, Washington, Silicon
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
Opinion | Alito’s Frustrated Culture-War Diatribe
  + stars: | 2024-06-25 | by ( Jesse Wegman | ) www.nytimes.com   time to read: +1 min
It often seems that Justice Samuel Alito would be happier swapping out his black robes for the garb of whichever right-wing plaintiffs have arrived before the court to air their culture-war grievances. On Wednesday, Alito was at it again, dissenting at length from the court’s 6-to-3 decision that threw out a conservative challenge to the Biden administration. The White House had tried to counteract the reams of misinformation being spread on social media sites during the Covid pandemic and the aftermath of the 2020 election, urging social media sites to regulate what was allowed to be posted. Not only could the plaintiffs not show “any concrete link between their injuries and the defendants’ conduct,” but the lower courts’ assessment of the record was, in fact, far from correct. Many of the district court’s findings, on which the increasingly off-the-wall U.S. Court of Appeals for the Fifth Circuit relied, “unfortunately appear to be clearly erroneous,” Justice Amy Coney Barrett wrote for the court.
Persons: Samuel Alito, Alito, Biden, , ” Alito, grandly, Amy Coney Barrett Organizations: White, Appeals, Fifth
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
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
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
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
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
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
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
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
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 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
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
Illegal and ghost guns on display at the Attorney General Letitia James offices in Manhattan on March 15, 2023. The justices by a 5-4 vote had previously intervened to keep the regulation in effect during the legal fight. Ghost guns, which lack serial numbers, have been turning up at crime scenes with increasing regularity. The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers. The Supreme Court allowed the regulation to remain in effect while the lawsuit continues.
Persons: Letitia James, Luiz C . Ribeiro, District Judge Reed O'Connor, O'Connor, Donald Trump, O'Connor's, John Roberts, Amy Coney Barrett, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, Barrett, Gorsuch, Kavanaugh Organizations: New York Daily News, Tribune, Service, Getty, Biden, Justice, U.S, District, Alcohol, Tobacco, Firearms, Explosives, Circuit, Appeals, Trump Locations: Manhattan, New, Fort Worth , Texas
The Supreme Court on Monday temporarily allowed a ban to take effect in Idaho on gender-affirming treatment for minors, a signal that at least some justices appear comfortable with wading into another front in the culture wars. In siding with state officials who had asked the court to lift a block on the law, the justices were split, with a majority of the conservative justices voting to enforce the ban over the objections of the three liberal justices. The justices also specified that their decision would remain in place until the appeals process had ended. The court specified that it would allow the ban to apply to everyone except the plaintiffs who brought the challenge. Although orders on the emergency docket often include no reasoning, the decision included concurrences by Justice Neil M. Gorsuch, who was joined by Justices Samuel A. Alito Jr. and Clarence Thomas, and Justice Brett M. Kavanaugh, who was joined by Justice Amy Coney Barrett.
Persons: Neil M, Gorsuch, Samuel A, Alito Jr, Clarence Thomas, Brett M, Kavanaugh, Justice Amy Coney Barrett Organizations: Justice Locations: Idaho
The Supreme Court is hurting. I can say that with confidence — not based on any inside information but on the external evidence of how hard some of the justices are working to show that everyone on the court really does get along. The retired justice Stephen Breyer, on the talk circuit for his new book on constitutional interpretation, has been making the same point. I’m reminded of the last time the court made a concerted effort to assure the public that all was well. It was during the weeks that followed the ruling that clinched the 2000 presidential election for George W. Bush.
Persons: Sonia Sotomayor, , Amy Coney Barrett, Stephen Breyer, George W, Bush, Ruth Bader Ginsburg Organizations: National Governors Association, George Washington University, Times Locations: Gore, Australia
Read previewIn recent weeks, progressive figures have grown louder in calling for Associate Justice Sonia Sotomayor to consider resigning from the Supreme Court. Advertisement"I'm not in favor of telling people when they should retire," said Democratic Rep. Ilhan Omar of Minnesota. AdvertisementHanging over the discussion is the late Associate Justice Ruth Bader Ginsburg, who died in 2020 just months before the end of the Trump administration. Advertisement"Taking into account what happened to Ruth Bader Ginsburg, I get it," said Rep. Jimmy Gomez of California. "Ruth Bader Ginsburg was ill. We knew she had cancer.
Persons: , Justice Sonia Sotomayor, who's, Ro Khanna, Ilhan Omar, Ilhan Omar of Minnesota, Alexandria Ocasio, Cortez, Sotomayor, Donald Trump, Ruth Bader Ginsburg, Trump, Ginsburg, Obama, Amy Coney Barrett, Roe, Wade, Democratic Sen, Richard Blumenthal, Jimmy Gomez, Dolores Huerta, Gomez, Ginsburg —, I'm, Justice Ginsburg, Chuy Garcia, Dean Phillips, Minnesota —, Joe Biden, Phillips Organizations: Service, Justice, Latina, Democratic, California, Business, Huffington, Senate, NBC News, Democrat Locations: Ilhan Omar of, Alexandria, Cortez of New York, , Jimmy Gomez of California, Illinois
CNN —A majority of Supreme Court justices appeared skeptical Tuesday of the idea of a nationwide ban or new limits on mifepristone, the primary drug used for medication abortions. At issue in the case are lower-court rulings that would have rolled back recent Food and Drug Administration decisions to ease access to the mifepristone. “What the court did … is enter sweeping nationwide relief that restricts access to mifepristone for every single woman in this country. Some anti-abortion activists see the law as an avenue to end medication abortion, and perhaps all kinds of abortions. Danco’s attorney said that this case was not an appropriate venue for the court to weigh the reach of the Comstock Act.
Persons: Roe, Wade, John Roberts, Neil Gorsuch, ” Roberts, Erin Hawley, interjected, Franklin Delano Roosevelt’s, , ” Gorsuch, Biden, , Elizabeth Prelogar, Brett Kavanaugh, ” Kavanaugh, Prelogar, Ketanji Brown Jackson, , Jackson, ” Jackson, Amy Coney Barrett, Barrett, Alito, Thomas, Samuel Alito, Clarence Thomas, ” Alito, Mifepristone, Comstock, mifepristone, Matthew Kacsmaryk –, Trump, , Kacsmaryk Organizations: CNN, Drug Administration, Conservative, FDA, Justice Department, Amarillo Division, Court, Northern, Northern District of, US, US Judicial Locations: mifepristone, FDA’s, Amarillo, Northern District, Northern District of Texas
CNN —The Supreme Court on Tuesday will hear its first abortion case since the 2022 reversal of Roe v. Wade and upheaval of reproductive rights in America. All the while, public regard for the Supreme Court has degenerated. Supreme Court Justice Stephen Breyer is photographed at his home in Cambridge, Massachusetts, in September 2015. Dirck Halstead/The LIFE Images Collection/Getty Images Breyer and his daughter Chloe jog with Clinton in May 1994. Mai/The LIFE Images Collection/Getty Images Breyer works in his office with his staff of clerks in June 2002.
Persons: Roe, Wade, Joe Biden, Donald Trump, Dobbs, Biden, Elizabeth Prelogar, mifepristone, Prelogar, what’s, , Susan B, Anthony Pro, , Evelyn Hockstein, Breyer, Stephen Breyer, Justice Ketanji Brown Jackson, Samuel Alito, Hodges, Trump, , ” Breyer, Damon Winter, Stephen, Irving, Anne, Charles ., Chloe, Nell, Michael —, Joanna Breyer, Ira Wyman, Sygma, Byron White, Ruth Bader Ginsburg, John Harrington, Joanna, John Tlumacki, Bill Clinton, Clinton, Harry Blackmun, Dirck Halstead, Doug Mills, US Sen, Ted Kennedy, Laura Patterson, John Blanding, Colin Powell, George W, Bush, Mai, David Hume Kennerly, Seuss, Evan Vucci, Charles, Marcio Jose Sanchez, William Rehnquist, Clarence Thomas, David Souter, William Kennedy, Antonin Scalia, Sandra Day O'Connor, John Paul Stevens, Chip Somodevilla, John Roberts, Pablo Martinez Monsivais, Samuel Alito's, Gerald Herbert, Cole Mitguard, Mourning, Penni Gladstone, Clara Scholl, Elise Amendola, Nicholas Kamm, Michelle Obama, Barack Obama, Alex Wong, ABC's George Stephanopoulos, Heidi Gutman, Andrew Harrer, Hu Jintao, Eli, Shutterstock Breyer, Britain's Prince Charles, Mandel Ngan, Tom Williams, Carolyn Kaster, Ben Bradlee, Bill O'Leary, Pete Marovich, Stephen Colbert, Jeffrey R, Win McNamee, Elena Kagan, Neil Gorsuch, Anthony Kennedy, Sonia Sotomayor, Maureen Scalia, Andrew Harnik, Brett Kavanaugh, Amy Coney Barrett, Erin Schaff, Abraham Lincoln, George Washington, Saul Loeb, Ketanji Brown Jackson, Patrick, Fred Schilling, Matthew Kacsmaryk, Erin Hawley, GYN, Organizations: CNN, Alabama Supreme, Republican, Food, Drug Administration, FDA, Jackson, Health Organization, District of Columbia, America, United States Conference of Catholic Bishops, Alamo Women's, Reuters, Supreme Court, Democratic, Supreme, New York Times, Harvard Law School, Appeals, First Circuit, Circuit, Getty, White House, Airport, Boston Globe, US, Suffolk University Law School, Francisco's Lowell High School, San Francisco Chronicle, Belgium's Catholic University of Louvain, Georgetown University Law Center, Administrative, Administrative Conference of, Jewish American Heritage Month, Walt Disney Television, Bloomberg, White, Office, Committee, Washington Nationals, Washington Post, Financial Services, General Government, CBS, State, The New York Times, Library of Congress, Alliance, Hippocratic, Alliance for Hippocratic, OB, Department, Justice Locations: America, New York, Carbondale , Illinois, Cambridge , Massachusetts, Maine , Massachusetts, New Hampshire, Puerto Rico, Rhode Island, AFP, San Francisco, Lowell, Washington , DC, United States
SCOTUS on Friday established new rules for the social media accounts of public officials. AdvertisementThe US Supreme Court on Friday handed down a decision establishing new rules for how public officials must behave on social media. Accounts clearly marked as personal, even if run by a state official, are granted more leniency and protection under the First Amendment. Advertisement"The distinction between private conduct and state action turns on substance, not labels: Private parties can act with the authority of the State, and state officials have private lives and their own constitutional rights," she continued. The issue of allowing public officials to block users on social media has been heard by the court before, when in 2017, Trump was challenged by the Knight Foundation over his choice to block critics on Twitter.
Persons: SCOTUS, , Amy Coney Barrett, Kevin Lindke, James Freed, Freed, Lindke, Lucy, Husband, Jessie, Barrett, Trump, Friday's, Gary Lawkowski Organizations: Service, State, Knight Foundation, Twitter, Dhillon Locations: Detroit, Port Huron , Michigan, Port Huron , MI
The court ruled unanimously that officials can be deemed "state actors" when making use of social media and can therefore face litigation if they block or mute a member of the public. The court held that conduct on social media can be viewed as a state action when the official in question "possessed actual authority to speak on the state's behalf" and "purported to exercise that authority." While the officials in both cases have low profiles, the ruling will apply to all public officials who use social media to engage with the public. The cases raised the question of whether public officials' posts and other social media activity constitute part of their governmental functions. The court is wrestling with a whole series of social media-related free speech issues in its current term, which runs until June.
Persons: WASHINGTON —, Donald Trump's, Amy Coney Barrett, , Barrett, Trump, Elon Musk, Michelle O'Connor, Ratcliff, T.J, Zane, Christopher, Kimberly Garnier, O'Connor, Christopher Garnier, James Freed, Kevin Lindke, Freed Organizations: Twitter, Poway Unified School District, of, Circuit, Southern District of, Port, U.S Locations: Southern California, Michigan, California, San Francisco, Southern District, Southern District of California, Port Huron City
The Supreme Court, in a pair of unanimous decisions on Friday, added some clarity to a vexing constitutional puzzle: how to decide when elected officials violate the First Amendment by blocking people from their social media accounts. Justice Amy Coney Barrett, writing for the court in the lead case, said two things are required before officials may be sued by people they have blocked. The court did not apply the new standard to the cases before them, involving a city manager in Port Huron, Mich., and two members of a school board in California. The cases were the first of several this term in which the Supreme Court is considering how the First Amendment applies to social media. The court heard arguments last month on whether states may prohibit large technology platforms from removing posts based on the views they express, and it will consider on Monday whether Biden administration officials may contact social media platforms to combat what they say is misinformation.
Persons: Amy Coney Barrett Organizations: Biden Locations: Port Huron, Mich, California
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