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☆ Analysis: Abortion, Trump dash Republican hopes for 'red wave'
▼ + stars: | 2022-11-09 | by ( James Oliphant | ) www.reuters.com time to read: +7 min

They wanted to protect abortion rights and stop candidates beholden to Republican former president Donald Trump. That surprised Democratic Party strategists and pollsters, who had expected inflation would trump everything, including concerns about the loss of abortion rights. Michigan voters approved a ballot issue that gave abortion state constitutional protection and re-elected Governor Gretchen Whitmer, who had vowed to “fight like hell” to protect abortion rights. Sydney Wright, an 18-year-old student at the University of Nevada, Reno, said she counts herself as a conservative but voted Democratic because of abortion. THE TRUMP FACTORLike Wright, Nyasha Riley, 37, a registered Republican in Phoenix, voted for Democrats because of abortion rights and Trump.

[1/3] A man rides a scooter past the front of the U.S. Supreme Court building in Washington, U.S. September 30, 2022. conservative Justice Samuel Alito asked Malcolm Stewart, a lawyer for the Department of Justice representing both commissions. The Supreme Court's conservative justices have signaled skepticism toward expansive regulatory power and the duty of judges, under Supreme Court precedent, to give deference to that authority. She told Stewart that of the three factors relevant to the case under a Supreme Court precedent, "two factors are pretty darn bad for you." Axon sued the FTC in 2020 in federal court in Arizona following an investigation by the agency into its 2018 acquisition of Vievu, a rival body-camera provider.

[1/3] A man rides a scooter past the front of the U.S. Supreme Court building in Washington, U.S. September 30, 2022. The Supreme Court has a 6-3 conservative majority. Its conservative justices have signaled skepticism toward expansive regulatory power and the duty of judges, under Supreme Court precedent, to give deference to that authority. Axon sued the FTC in 2020 in federal court in Arizona following an investigation by the agency into its 2018 acquisition of Vievu, a rival body-camera provider. Cochran sued in 2019 to stop the enforcement action, like Axon contesting the SEC's in-house judges under Article II.

☆ U.S. beauty pageant can exclude transgender contestants, court rules
▼ + stars: | 2022-11-03 | by ( ) www.nbcnews.com time to read: +2 min

Beauty pageant operator Miss United States of America LLC cannot be forced to allow transgender women to compete because doing so would interfere with its ability to express “the ideal vision of American womanhood,” a U.S. appeals court ruled on Wednesday. Miss United States of America does business as United States of America Pageants. VanDyke was joined by Circuit Judge Carlos Bea, an appointee of former Republican President George W. Bush. Miss United States of America and a lawyer for Green did not immediately respond to requests for comment. Graber was appointed to the 9th Circuit by former President Bill Clinton, a Democrat.

Graham had appealed to the Supreme Court after the Atlanta-based 11th U.S. 'UNIQUE KNOWLEDGE'Prosecutors sought Graham's testimony about phone calls he made to Georgia election officials in the weeks after Trump, a Republican, lost the election to Democrat Joe Biden. Graham has "unique knowledge" regarding communications "involved in the multi-state, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere," the prosecutors added. During the phone call, Trump urged Raffensperger to "find" enough votes to overturn his Georgia loss to Biden. Legal experts have said Trump's phone calls may have violated at least three Georgia election laws: conspiracy to commit election fraud, criminal solicitation to commit election fraud and intentional interference with performance of election duties.

The court confronts this divisive issue four months after its major rulings curtailing abortion rights and widening gun rights. The court's 6-3 conservative majority is expected to be sympathetic toward the challenges to Harvard and UNC. The cases give the court an opportunity to overturn its prior rulings allowing race-conscious admissions policies. Blum's group said UNC discriminates against white and Asian American applicants and Harvard discriminates against Asian American applicants. UNC said there is a difference between a racist policy like segregation that separates people based on race and race-conscious policies that bring students together.

WASHINGTON, Oct 31 (Reuters) - The U.S. Department of Justice expressed support on Monday for a lawsuit filed by voting rights organizations in Arizona, which alleges that groups monitoring ballot drop boxes in the state are engaging in illegal voter intimidation. Among the activities that can be considered voter intimidation, it said, are photographing and video-recording voters, an activity that multiple conservative groups in Arizona have engaged in. The plaintiffs, which include the League of Women Voters of Arizona and the Arizona Alliance for Retired Americans, immediately appealed. Arizona officials earlier in the month asked the Justice Department to investigate a case of possible voter intimidation after a group of people followed and filmed a voter in Maricopa County, who was dropping off a ballot for the midterm elections. Since then, Arizona officials have said they have observed several more instances of voter intimidation.

According to Harvard, around 40% of U.S. colleges and universities consider race in some fashion in admissions. The Supreme Court has been upheld such policies, most recently in a 2016 ruling involving a white woman who sued after the University of Texas rejected her. Ruling in favor of the plaintiffs could require the court to overturn its 2016 ruling and earlier decisions. 'DIVERSITY AND INCLUSION'The lawsuits accused UNC of discriminating against white and Asian American applicants and Harvard of discriminating against Asian American applicants. Circuit Court of Appeals found that Harvard's use of race was "meaningful" and not "impermissibly extensive" because it prevented diversity from plummeting.

☆ Biden administration urges Supreme Court to reject 'extraordinarily disruptive' theory in major elections case
▼ + stars: | 2022-10-27 | by ( Https | Media-Cldnry.S-Nbcnews.Com Image Upload Newscms Lawrencehurley_Pic.Jpg | Lawrence Hurley | ) www.nbcnews.com time to read: +3 min

WASHINGTON — The Biden administration has urged the Supreme Court to reject a novel legal theory pushed by Republicans in an upcoming elections case from North Carolina that could strip state courts of their ability to oversee federal election-related disputes. The state court, basing its decision on protections in North Carolina's Constitution, adopted a map drawn by experts that is less favorable to Republicans. Republican lawmakers argue that the state court did not have the authority to adopt the new maps because, in the federal elections context, legislatures have unique power derived from the Elections Clause of the U.S. Constitution. That provision gives state legislatures the power to set the "time, place and manner" in which federal elections are held in that state. If the Supreme Court rules for Republicans, elections would be thrown into chaos because each state could have different rules for federal and state elections, she said, adding that such a ruling "risks magnifying confusion and uncertainty for both voters and elections officials."

The Supreme Court is scheduled to hear arguments in the two cases on Monday, with rulings due by the end of June. Blum's goal is for the Supreme Court to overturn its own precedents allowing race as a factor in admissions. Blum raised more than $8 million from 2015 to 2020 for Students for Fair Admissions, most going to covering legal fees. No Students for Fair Admissions members served as plaintiffs or testified in court in the Harvard and UNC cases as the group lost in lower courts. The Supreme Court in January agreed to hear appeals backed by Blum in both cases.

REUTERS/Seth Herald/File PhotoOct 26 (Reuters) - Three men accused of aiding a 2020 plot to kidnap Michigan Governor Gretchen Whitmer were found guilty on Wednesday of taking part in a conspiracy that prosecutors ascribed to hostility over restrictions she imposed during the COVID-19 pandemic. The group planned to break into Whitmer's vacation home, kidnap her and take her at gunpoint to stand "trial" on treason charges, prosecutors said. Seven of the accused, including Morrison, Musico and Bellar, have now been convicted by a jury or pleaded guilty to playing roles in the conspiracy. In the earlier trial, Adam Fox and Barry Croft Jr. were found guilty of plotting to abduct Whitmer from her vacation home. Morrison and Musico were accused of hosting tactical training sessions on their property in a remote part of Michigan.

REUTERS/Seth Herald/File PhotoOct 26 (Reuters) - A Michigan jury on Wednesday found three men guilty of aiding a conspiracy to kidnap Michigan Governor Gretchen Whitmer in 2020, a plot that prosecutors said grew out of hostility over restrictions she imposed during the COVID-19 pandemic. The verdict was a victory for state prosecutors who argued that the men on trial assisted two others who in August were found guilty in federal court of kidnapping conspiracy. In the earlier trial, Adam Fox and Barry Croft Jr. were found guilty of plotting to abduct Whitmer from her vacation home. Prosecutors said Morrison, Musico and Bellar were members of a militia group called the Wolverine Watchmen. Morrison and Musico were accused of hosting tactical training sessions on their property in a remote part of Michigan.

REUTERS/Seth Herald/File PhotoOct. 26 (Reuters) - A Michigan jury on Wednesday found three men guilty of aiding a conspiracy to kidnap Michigan Governor Gretchen Whitmer in 2020, a plot that prosecutors said grew out of hostility over restrictions imposed during the COVID-19 pandemic. The verdict was a victory for state prosecutors who argued that the men assisted two others who in August were found guilty of kidnapping conspiracy in federal court. In the earlier trial, Adam Fox and Barry Croft Jr. were found guilty of plotting to abduct the Democratic governor from her vacation home. Prosecutors said Morrison, Musico and Bellar were members of a militia group called the Wolverine Watchmen. Morrison and Musico were accused of hosting tactical training sessions on their property in a remote part of Michigan.

Oct 25 (Reuters) - Michigan jurors on Tuesday began deliberations in the trial of three men accused of assisting in an elaborate plot two years ago to kidnap Michigan Governor Gretchen Whitmer in opposition to strict coronavirus restrictions imposed during the pandemic. Prosecutors said the plot was motivated by opposition to coronavirus restrictions imposed by the governor and grievances related to the 2020 presidential election. In August, a federal jury in Grand Rapids convicted Adam Fox and Barry Croft Jr. of conspiracy in the plot. Two other defendants were found not guilty in the first federal trial. read moreIn September, a federal judge reduced the sentence of Ty Garbin, who pleaded guilty to participating in the plot after his testimony helped convict Fox and Croft.

☆ Justice Clarence Thomas temporarily blocks Lindsey Graham's testimony in Georgia election interference probe
▼ + stars: | 2022-10-24 | by ( Https | Media-Cldnry.S-Nbcnews.Com Image Upload Newscms Lawrencehurley_Pic.Jpg | Lawrence Hurley | ) www.nbcnews.com time to read: +2 min

Conservative Supreme Court Justice Clarence Thomas on Monday temporarily put on hold a requirement that Sen. Lindsey Graham, R-S.C., testify in a Georgia prosecutor's probe of alleged interference in the 2020 election by former President Donald Trump and his allies. The decision by Thomas, who handles emergency requests that arise from Georgia, freezes the litigation while the justices weigh Graham's plea that the Supreme Court quash the subpoena. Thomas had previously asked lawyers for the Fulton County District Attorney's Office to respond to Graham's request by close of business on Thursday. Circuit Court of Appeals rejected Graham's attempt to avoid answering questions about two phone calls he made to Georgia election officials after the 2020 election because, he argued, his actions were protected under the U.S. Constitution’s speech and debate clause. It does not mean the justices will grant Graham's request once the briefing is completed.

☆ Supreme Court Justice Clarence Thomas temporarily blocks Sen. Graham's subpoena from Georgia grand jury
▼ + stars: | 2022-10-24 | by ( Dan Mangan | ) www.cnbc.com time to read: +3 min

Associate Justice Clarence Thomas during the formal group photograph at the Supreme Court in Washington, DC, US, on Friday, Oct. 7, 2022. Supreme Court Justice Clarence Thomas on Monday temporarily blocked a subpoena demanding testimony from South Carolina Republican Sen. Lindsey Graham from a Georgia grand jury investigating election interference by former President Donald Trump. The hold on the subpoena came three days after Graham's attorneys asked Thomas to delay the senator's appearance before the grand jury, which is investigating possible criminal interference in Georgia's presidential election in 2020. On Thursday, a panel of judges on the 11th Circuit U.S. Court of Appeals unanimously rejected a request by Graham to temporarily block the subpoena. The conservative justice said the subpoena would be delayed pending further order by Thomas or the Supreme Court.

Sen. Lindsey Graham, R-S.C., asked the Supreme Court on Friday to halt a subpoena compelling him to testify in a Georgia county prosecutor’s criminal probe of potential interference in the 2020 election. Graham’s request comes a day after a federal appeals court ordered him to testify in the grand jury investigation that has already ensnared Trump allies such as Rudy Giuliani. "Without a stay, Senator Lindsey Graham will soon be questioned by a local Georgia prosecutor and her ad hoc investigative body about his protected 'Speech or Debate' related to the 2020 election," the filing says. The grand jury in Georgia was convened earlier this year to assist Fulton County District Attorney Fani Willis' investigation into possible 2020 election interference by former President Donald Trump and others. The grand jury wants to question Graham about the circumstances of two phone calls he made to Georgia Secretary of State Brad Raffensperger and his office after the election.

A federal appeals court on Thursday ruled that Sen. Lindsey Graham, R-S.C., must testify before a Georgia grand jury examining possible election interference in the state two years ago. It also sided with the lower court's finding that "there is significant dispute about whether his phone calls with Georgia election officials were legislative investigations at all." Willis has said publicly she’s investigating a pair of post-election phone calls Graham made to Georgia Secretary of State Brad Raffensperger, a Republican, and his staff. Graham has been fighting the subpoena since it was issued in July, turning to federal court after an unsuccessful bid to challenge it in state court. The Fulton County grand jury is currently in a “quiet period” through Election Day, Nov. 8.

Oct 20 (Reuters) - A federal judge on Thursday barred the state of New York, at least for now, from enforcing the part of a closely-watched gun law that bans firearms from churches or other places of worship. read moreNew York legislators quickly passed new rules on gun ownership which Sinatra, in his ruling, called "even more restrictive" than the law struck down by the Supreme Court. "The nation's history does not countenance such an incursion into the right to keep and bear arms across all places of worship across the state," Sinatra wrote. The judge added that, based on the Supreme Court's ruling earlier this year the plaintiffs were likely to succeed on the merits of their lawsuit. The New York Attorney General's Office could not be reached for comment on Thursday evening.

Oct 19 (Reuters) - A federal appeals court ruled on Wednesday that the U.S. Consumer Financial Protection Bureau's funding apparatus is unconstitutional, faulting a system Democrats designed to insulate the agency from requiring congressional appropriations. Circuit Court of Appeals ruled that the CFPB's independent funding through the Federal Reserve rather than budgets passed by Congress violated the separation of powers principles in the U.S. Constitution. "The Bureau's perpetual self-directed, double-insulated funding structure goes a significant step further than that enjoyed by the other agencies on offer." It could ask the full 5th Circuit to reconsider the case or appeal to the U.S. Supreme Court. The Supreme Court in 2020 ruled in another case that the protection Congress originally afforded the CFPB director, who could only be fired for cause, was unconstitutional.

☆ Sen. Lindsey Graham loses appeals court bid to stall testimony in Trump election interference probe
▼ + stars: | 2022-10-20 | by ( Dan Mangan | ) www.cnbc.com time to read: +2 min

Senator Lindsey Graham (R-S.C.) looks on during a news conference calling to designate Russia as state sponsor of terrorism, on Capitol Hill, in Washington, U.S., September 14, 2022. A federal appeals court panel on Thursday unanimously rejected a request by Sen. Lindsey Graham to block a subpoena for his testimony before a Georgia grand jury investigating former President Donald Trump for criminal interference in the state's 2020 presidential election. Graham, R-S.C., had asked the 11th Circuit U.S. Court of Appeals to stay an order compelling his testimony issued by a federal district judge in Georgia pending his appeal of that decision. "Even assuming that the Clause protects informal legislative investigations, the district court's approach ensures that Senator Graham will not be questioned about such investigations," the appeals court said. "As the court determined, there is significant dispute about whether his phone calls with Georgia election officials were legislative investigations at all," the appeals court ruling said.

☆ Tesla seeks full retrial in factory worker’s race bias lawsuit
▼ + stars: | 2022-10-18 | by ( ) www.nbcnews.com time to read: +2 min

The damages trial is scheduled for March. Lawyers for Tesla and Diaz did not immediately respond to requests for comment on Monday. Tesla on Friday said the issues of liability and damages are “inextricably interwoven,” and Diaz must start from scratch with a full retrial. Tesla is facing a series of lawsuits involving alleged widespread race discrimination and sexual harassment at the Fremont factory, including one by a California civil rights agency. The company last month counter-sued the agency, claiming it filed the lawsuit without following the procedures required by state law.

SAN FRANCISCO/WASHINGTON, Oct 17 (Reuters) - Domestic disinformation campaigns and homegrown threats to poll workers are emerging as bigger concerns ahead of the Nov. 8 U.S. congressional elections than foreign interference, according to U.S. cybersecurity and law enforcement officials. "At this time, we are not aware of any specific or credible threats to compromise or disrupt election infrastructure," top U.S. cybersecurity official Jen Easterly told reporters last week during a video conference on election security. Opinion polls have shown that a large majority of Republican voters believe Trump won that election. The Election Integrity Partnership, a non-partisan group that has helped the CISA combat election disinformation, said the vast majority of disinformation and false rumors about the 2020 election spread primarily through far-right influencers catering to Trump voters. Meta spokesperson Corey Chambliss declined to comment on the company's election security efforts.

☆ Explainer: Does Trump have to comply with the Jan. 6 committee subpoena?
▼ + stars: | 2022-10-13 | by ( Andy Sullivan | ) www.reuters.com time to read: +4 min

Register now for FREE unlimited access to Reuters.com RegisterNevertheless, the subpoena will add to Trump's growing list of legal woes. An 1857 law says failure to comply with a congressional subpoena for testimony or documents is punishable by one to 12 months imprisonment. Another former Trump adviser, Peter Navarro, has also been charged with contempt of Congress and faces trial in November. Federal prosecutors have opted not to charge two other former Trump aides, Mark Meadows and Dan Scavino, after the House voted to hold them in contempt. Senior Democratic lawmakers discussed invoking inherent contempt during Trump's two impeachment trials, issuing daily fines instead of imprisoning witnesses.

Oct 13 (Reuters) - A federal judge in West Virginia has ruled that a federal ban on possessing a gun with its serial number removed is unconstitutional, the first such ruling since the U.S. Supreme Court dramatically expanded gun rights in June. The decision came in a criminal case charging a man, Randy Price, with illegally possessing a gun with the serial number removed that was found in his car. The judge dismissed that charge, though Price is still charged with illegally possessing the gun after being convicted of previous felonies. The federal law in question prohibits anyone from transporting a gun with the serial number removed across state lines, or from possessing such a gun if it has ever been transported across state lines. Serial numbers, first required by the federal Gun Control Act of 1968, are intended to prevent illegal gun sales and make it easier to solve crimes by allowing individual guns to be traced.

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