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☆ The Democrats' biggest problem with age in 2024 is not Joe Biden
▼ + stars: | 2023-09-18 | by ( Walt Hickey | ) www.businessinsider.com time to read: +7 min

Just 3 out of the 9 Supreme Court Justices are liberals. Unless Democrats are willing to risk a 7-2 GOP-held Supreme Court, it might be time to consider retirement. However, Joe Biden should be far from the Democrats' biggest worry when it comes to age. It would be tremendously bad luck, but then again, anyone who thinks that Democrats have had good luck at the Supreme Court is delusional. The question is rather, what is the maximum level of acceptable risk of a 7-2 GOP-held Supreme Court?

Persons: Sonia Sotomayor, Elena Kagan, Joe Biden's, Joe Biden, Biden, Ketanji Brown Jackson, Stephen Breyer, Barack Obama, —, Donald Trump, Ruth Bader Ginsberg, Roe, Wade, Biden's, They're, John Paul Stevens, Sandra Day O'Connor, it's Organizations: Service, Democrats, GOP, Republican, Democratic Senate Locations: Wall, Silicon, American, Phoenix , Arizona

CNN —Justice Clarence Thomas disclosed Thursday that Republican megadonor Harlan Crow paid for private jet trips for Thomas in 2022 to attend a speech in Texas and a vacation at Crow’s luxurious New York estate, as ethics questions continue to rock the Supreme Court. Thomas made the disclosures after receiving an extension to file the yearly reports that were originally due in May 2023. In a statement after the ProPublica report, Thomas acknowledged the friendship but stressed that Crow did not have business before the court. In addition, he said that he should have disclosed a 2014 private real estate deal between Crow, Thomas and members of Thomas’ family. According to the disclosure, Thomas flew down to be the keynote speaker of the event in February, but returned via private jet “due to an unexpected ice storm.”The talk was rescheduled in May and Thomas rode round trip on Crow’s plane.

Persons: Clarence Thomas, Harlan Crow, Thomas, Dobbs, Roe, Wade, “, Crow, Samuel Alito, ProPublica, Thomas ’, ” Thomas, Virginia Thomas, Leola Williams, Williams, VII, –, Elliot S, Berke, Thomas “, ”, Sen, Sheldon Whitehouse, Chip Somodevilla, Elena Kagan, Alito, ” Alito, Gabe Roth, he’s, ” Roth, Rome Alito, Duke Organizations: CNN, Republican, Judicial Conference, Old Parkland Conference, Hoover Institution, Manhattan Institute, American Enterprise Institute, Black Americans, Crow Holdings, Democrats, Supreme, Capitol, Rhode Island, Wall Street, Notre Dame, School’s, Liberty Initiative, Religious Liberty Summit, Regent University School of Law, Duke Law School Locations: Texas, New York, Georgia, Savannah , Georgia, Washington ,, Rome

☆ Why activist Astra Taylor is not giving up on student loan forgiveness
▼ + stars: | 2023-08-11 | by ( Annie Nova | ) www.cnbc.com time to read: +2 min

In 2014, Astra Taylor co-founded the Debt Collective, the first union for debtors. Since then, one of her main goals has been to get student debt canceled. The Supreme Court finally struck down Biden's relief program in June, ruling that the president didn't have the authority to forgive so much consumer debt without prior authorization from Congress. Annie Nova: Did the Supreme Court's decision surprise you? In the long term, the cause of student debt abolition will prevail.

Persons: Astra Taylor, Joe Biden, didn't, Taylor isn't, Taylor, Annie Nova, Biden, Elena Kagan Organizations: Astra, Finance, Workers, Bank of America

☆ Conservative Justice Clarence Thomas took lavish vacations with a billionaire who criticized student-loan forgiveness months before the Supreme Court struck it down, new report says
▼ + stars: | 2023-08-10 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +4 min

A new ProPublica report found Clarence Thomas has accepted more undisclosed gifts from billionaires. On Thursday, ProPublica released an investigation that revealed new information on the gifts billionaires have given Thomas over the years. Months later, the Supreme Court in June indeed struck down the student-debt relief, with Thomas voting in the majority. Last month, Democrats on the Senate Judiciary Committee passed a bill that would create a code of ethics for Supreme Court justices, but it's unlikely the bill will pass under a Republican-controlled House. Can Congress do various things to regulate the Supreme Court?

Persons: Clarence Thomas, David Sokol, Thomas, Justice Alito, ProPublica, Sokol, Joe Biden's, Biden's, Harlan Crow, Sam Alito, Paul Singer, Alito, Elena Kagan, We're Organizations: Service, Nebraska, Berkshire, Supreme, Republican, Street, Liberal Locations: Wall, Silicon, Wyoming, Berkshire Hathaway, Nebraska, Jackson Hole , Wyoming

☆ Justice Kagan order: Apple doesn’t have to change app store terms while battling Epic in court
▼ + stars: | 2023-08-09 | by ( Brian Fung | ) edition.cnn.com time to read: +1 min

Washington CNN —A judicial order forcing Apple to change some of its app store terms will not need to take immediate effect while litigation over the decision plays out, Supreme Court Justice Elena Kagan said on Wednesday, handing a temporary defeat to opponents of the company. The order is a setback for “Fortnite”-maker Epic Games as Apple appeals a lower-court ruling that found the iPhone-maker had violated California competition law. Epic Games declined to comment on Kagan’s decision, which occurred in the Supreme Court’s so-called “shadow docket” and was not referred to the full court. The appeals court temporarily paused enforcement of the injunction while Apple appeals the ruling to the Supreme Court. But last month, Epic Games filed an emergency request to the court calling for the order to be put into effect immediately, saying the public would otherwise be harmed by Apple’s practices.

Persons: Elena Kagan, Fortnite, Apple didn’t, Apple Organizations: Washington CNN, Apple, Supreme, Epic, Epic Games Locations: California

☆ Justice Elena Kagan publicly contradicts Alito, says Congress can pass SCOTUS ethics reforms
▼ + stars: | 2023-08-04 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +4 min

Justice Elena Kagan appeared to publicly contradict Justice Samuel Alito on congressional power. Alito previously suggested Congress doesn't have the power to regulate the Supreme Court. Kagan, an Obama appointee, said there are clearly examples of Congress' ability to regulate the court. "Of course, Congress can regulate various aspects of what the Supreme Court does," she said. "Congress funds the Supreme Court.

Persons: Elena Kagan, Samuel Alito, Alito, doesn't, We're, Kagan, Samuel Alito's, George W, Bush, John Roberts, Clarence Thomas, Harlan Crow, Paul Singer, Roberts, we've Organizations: Service, Circuit Judicial, Politico, Wall, Washington Post, Republicans, Democrat, Committee, Journal, CNN Locations: Wall, Silicon

☆ Opinion | Does Free Speech Protect Trump’s Election Lies?
▼ + stars: | 2023-08-02 | by ( Thomas B. Edsall | ) www.nytimes.com time to read: +5 min

But, Hasen argued:“Trump did not just state the false claims; he allegedly used the false claims to engage in a conspiracy to steal the election. There is no First Amendment right to use speech to subvert an election, any more than there is a First Amendment right to use speech to bribe, threaten, or intimidate.”Francesca Procaccini, a law professor at Vanderbilt, shares the view that in the contemporary political environment, there needs to be more regulation of speech. In an email, she wrote:The left is split on how to respond to misinformation precisely because the left is historically committed to free speech and also to uplifting marginalized voices. Now, many on the left have increasingly come to understand that speech itself (whether false speech or hate speech) is also detrimental to marginalized communities. It concluded that “states and public-sector unions may no longer extract agency fees (partial union dues) from nonconsenting employees.”

Persons: Hasen, Trump Will, ” Hasen, Jack Smith, Donald Trump, Trump, “ Trump, ” Francesca Procaccini, ” Procaccini, “, ”, ” Catherine MacKinnon, ” MacKinnon, misogynists, MacKinnon, Elena Kagan Organizations: “, Trump, Vanderbilt, Citizens, University of Michigan, . State, Municipal Employees Locations: “ U.S, Janus, ., County

Corporate execs and lawyers with business before the Supreme Court mingled with some of the country's most influential jurists. Revelations about Thomas and Crow's relationship have prompted calls in Congress for the Supreme Court to adopt its first-ever binding code of ethics. But as a Supreme Court justice, Kagan is not currently bound by those rules. The Aspen Institute isn't alone in dangling Supreme Court access to lure deep-pocketed donors. Financial support for a public mission flowed one way, and scheduled private time with Supreme Court justices was dispensed in return.

Persons: Meryl Chertoff, Kagan, Michael Chertoff, SCOTUS, Elena Kagan, execs, Brett Kavanaugh, Trump, Kavanaugh, Clarence Thomas, Harlan Crow, Thomas, Kathleen Clark, Louis, Clark, Kavanaugh —, Shook, Hardy, Bacon, Tristan Duncan, Peabody, Christina Sullivan, Brian O'Connor, Sandra Day O'Connor, Lakhani, That's, litigator, George W, Bush, Michael Chertoff's, wasn't, he'd, Chertoff, John Roberts, Gabe Roth, Roth, Crow, Rob Schenck, Tom Monaghan, Jay Sekulow, Sidney Powell —, Sonia Sotomayor's, that's Organizations: Service, Aspen Institute, DC, Aspen, Washington University, Peabody Energy, Peabody, Duncan, Speedway, Supreme, Aspen Institute's Justice, Society, Homeland Security, Chertoff, CNN, The New York Times, Historical Society, Trump, Associated Press, University of Colorado Law School Locations: Wall, Silicon, St, Washington, Pakistan, Chertoff, Aspen Institute isn't

☆ 2 big takeaways from the Supreme Court ruling on Biden's student loan forgiveness plan
▼ + stars: | 2023-07-16 | by ( Annie Nova | ) www.cnbc.com time to read: +4 min

Supreme Court justices listen to arguments. U.S. Supreme Court Chief Justice John G. Roberts poses during a group portrait at the Supreme Court in Washington, U.S., October 7, 2022. They pointed out that the lender's revenue was actually expected to rise because of some student loan servicers recently leaving the space and it picking up extra accounts. "I was surprised the court found Missouri had standing," said higher education expert Mark Kantrowitz. That law was passed in the aftermath of the 9/11 terrorist attacks, and grants the president broad power to revise student loan programs during national emergencies.

Persons: Bill Hennessey, Joe Biden's, John Roberts, Roberts, John G, Evelyn Hockstein, servicers, Mark Kantrowitz, Luke Herrine, Antonin Scalia, Herrine, Elena Kagan, Kagan Organizations: Biden, Finance, GOP, Missouri Higher Education Loan Authority, Supreme, Reuters, University of Alabama, Liberal, U.S . Department of Education Locations: — Arkansas, Iowa , Kansas , Missouri , Nebraska, South Carolina, . Nebraska, Missouri, Washington , U.S, delinquencies

The cases involve what has come to be known as the "administrative state," the agency bureaucracy that interprets laws, crafts federal rules and implements executive action. It also could overturn a decades-old precedent that helps federal agencies defend their regulatory actions in court. The case involves a lawsuit by trade groups representing the payday loan industry against the agency that enforces consumer financial laws. The companies asked the court to overturn its own precedent that calls for judges to defer to federal agency interpretation of U.S. laws, a doctrine called "Chevron deference." The court's embrace of the "major questions" doctrine has provided a seismic shift in its approach toward agency power.

Persons: Brianne Gorod, Jonathan Adler, Joe Biden's, Sarah Harris, Elena Kagan, Thomas McGarity, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S, Supreme, Environmental Protection Agency, Constitutional, Center, Consumer Financial Protection Bureau, Securities and Exchange Commission, SEC, Case Western Reserve University School of Law, University of Texas, Thomson Locations: WASHINGTON, Cleveland, New Jersey, New York, Washington

☆ Chief Justice Roberts hasn't become less conservative. He's just more concerned with the Supreme Court's legacy than partisanship.
▼ + stars: | 2023-07-02 | by ( Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +5 min

Chief Justice John Roberts voted with the liberals on the Supreme Court in key cases this term. Hardline conservatives have soured on the chief justice for his opinions siding with the Court's liberal justices in recent years. "Roberts' is the one whose name will be attached to this — it is the Roberts Court. The Times found in this term, the chief justice voted less often with the conservative majority and voted with liberal Justice Elena Kagan 14% more than the last term. "And I think Roberts perhaps has more of a concern with that kind of perspective because he's in the Court's center chair, because his name is attached to it, because it's his legacy."

Persons: John Roberts, SCOTUS, Roberts, —, Roberts —, George W, Bush, William Rehnquist —, Justin Crowe, Crowe, I'm, Clarence Thomas, Samuel Alito, hasn't, Elena Kagan Organizations: Service, GOP, Williams University, Washington Post, The New York Times, Times

☆ Supreme Court Justice Elena Kagan’s Remarkable Dissent - The New York Times
▼ + stars: | 2023-07-01 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +2 min

But I don’t want to discuss Roberts’s majority opinion as much as I do Justice Elena Kagan’s dissent. Kagan wrote something unusual. “From the first page to the last, today’s opinion departs from the demands of judicial restraint,” Kagan wrote. To say that the Supreme Court can violate the Constitution is to reject the idea that the court is somehow outside the constitutional system. For Congress, especially, to exercise its authority to discipline the court when it oversteps its bounds.

Persons: Elena Kagan’s, Kagan, ” Kagan, “, ”

☆ Supreme Court blocks Biden student loan forgiveness
▼ + stars: | 2023-06-30 | by ( John Kruzel | ) www.reuters.com time to read: +6 min

Biden plans to announce new actions to protect student loan borrowers in the wake of the ruling, a White House source said, speaking on condition of anonymity. Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina challenged Biden's debt relief. The court's conservative justices had previously used the "major questions" doctrine to invalidate major Biden policies deemed lacking clear congressional authorization. Both Biden and his Republican predecessor Donald Trump relied upon the HEROES Act beginning in 2020 to repeatedly pause student loan payments and halt interest from accruing to alleviate financial strain on student loan borrowers during the COVID-19 pandemic. During the arguments, a Justice Department lawyer portrayed the debt relief as a benefits program rather than an assertion of regulatory power not authorized by Congress.

Persons: Joe Biden, Biden, John Roberts, Roberts, Education Miguel Cardona, Pell, Biden's, Elena Kagan, Kagan, Donald Trump, John Kruzel, Steve Holland, Will Dunham Organizations: U.S Supreme Court, Biden, Democratic, Education, Congress, Higher Education, Act, U.S . Centers for Disease Control, Liberal, Republican, Justice Department, Reuters, Thomson Locations: Arkansas , Iowa , Kansas , Missouri , Nebraska, South Carolina, U.S

The US Supreme Court in Washington, DC, on Friday, June 30, 2023. Anna Rose Layden/Bloomberg/Getty ImagesCNN senior Supreme Court analyst Joan Biskupic says that over the past day, "all of the tensions on so many issues" were on display among the justices. Justice Sonia Sotomayor, sitting right next to him, then drew a contrast in her dissent. And she said, 'At this kind of time, what does the Supreme Court do? On the student loans decision: In a "brisk voice and tone," Chief Justice John Roberts "cut to the chase," according to Biskupic.

Persons: Anna Rose Layden, Joan Biskupic, Biskupic, Neil Gorsuch, Sonia Sotomayor, Sotomayor, Lorie Smith, John Roberts, —, Elena Kagan, Roberts, Kagan Organizations: Bloomberg, Getty, CNN, Civil Locations: Washington ,, Colorado, America

☆ Schumer slams 'MAGA-captured Supreme Court' that now has led the right to achieve 'dangerous, regressive policies'
▼ + stars: | 2023-06-30 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +4 min

Chuck Schumer unloaded on the Supreme Court after a pair of 6-3 rulings on Friday. The top Senate Democrat called the body a "MAGA-captured Supreme Court." The cases were 303 Creative LLC v. Elenis and Biden v. Nebraska, respectively. "The ill-founded and disappointing decisions from the Supreme Court are a stark reminder that it will take a sustained effort to rebalance our federal courts ...," Schumer said. Schumer's past criticism of the Supreme Court has drawn more than just eyebrows.

Persons: Chuck Schumer, MAGA, —, Joe Biden's, Schumer, Biden, Elenis, ProPublica, Clarence Thomas, Samuel Alito, Thomas, Alito, Mitch McConnell, McConnell, Barack Obama, Antonin Scalia's, Donald Trump's, Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch, John Roberts, Roberts, Elena Kagan's Organizations: Democrat, Service, Biden, New York Democrat Locations: Colorado, . Nebraska, Nebraska

☆ The Supreme Court justices paid an average of $42,539 to go to college. Today, they'd have to pay around $320,531.
▼ + stars: | 2023-06-30 | by ( Sarah Al-Arshani | ) www.businessinsider.com time to read: +6 min

The Supreme Court struck down Biden's student loan forgiveness plan. Student loan payments will likely resume in October. For the justices behind the decision, the cost of an undergraduate degree was much cheaper when they were in school. According to EDI, there was a 2,807% increase in the average student loan debt at graduation between 1970 and 2021 before adjusting for inflation. Student loan borrowers gathered at the Supreme Court today to tell the court that student loan relief is legal on January 2, 2023.

Persons: —, Joe Biden's, Biden, Clarence Thomas, Wally McNamee, Samuel Alito, Sonia Sotomayor, Elena Kagan, John Roberts, Ketanji Brown Jackson, Roberts, Jackson, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Larry French, Thomas, Gorsuch Organizations: Service, Republicans, White, Education Data Initiative, The College of, Princeton University, Harvard, Yale, Columbia University, Rhodes College, Associated Press, AP

☆ Why Justice Amy Coney Barrett wrote about babysitters in her student loan opinion
▼ + stars: | 2023-06-30 | by ( Tierney Sneed | ) edition.cnn.com time to read: +5 min

In the student loan case, the 6-3 conservative majority, including Barrett, concluded that the student loan law in question did not give the secretary of education the power to cancel broad swaths of loans. “Though this grant of apple-purchasing authority sounds unqualified, a reasonable clerk would know that there are limits,” she wrote. “For example, if the grocer usually keeps 200 apples on hand, the clerk does not have actual authority to buy 1,000 – the grocer would have spoken more directly if she meant to authorize such an out-of-the-ordinary purchase,” Barrett wrote. “In my view, the major questions doctrine grows out of these same commonsense principles of communication,” Barrett wrote. ““The broadly worded ‘waive or modify; delegation IS the HEROES Act, not some tucked away ancillary provision,” Kagan wrote, referring to the relevant student loan program statute.

Persons: Amy Coney Barrett, Joe Biden’s, –, Barrett, “, ”, ” Barrett, ” “, Justice Elena Kagan, Kagan, ” Kagan, BARRETT, BARRETT’s Organizations: CNN, Supreme Court

☆ Kagan says the Supreme Court risks becoming 'a danger to a democratic order' after it axed Biden's student loan forgiveness plan
▼ + stars: | 2023-06-30 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +3 min

Justice Elena Kagan slammed the Supreme Court for striking down Biden's student loan forgiveness plan. The high court, Kagan argued, is approaching a future that is "a danger to a democratic order." "That is no proper role for a court," Kagan wrote. "Congress knew that national emergencies would continue to arise," Kagan wrote. "From the first page to the last, today's opinion departs from the demands of judicial restraint," Kagan wrote.

Persons: Elena Kagan, Kagan, SCOTUS, —, John Roberts, Biden, Joe Biden, Roberts, Sonia Sotomayor, Ketanji Brown Jackson, Obama Organizations: Service, Education Department

☆ Bernie Sanders slams 'devastating blow' of striking down student-loan forgiveness, saying Supreme Court justices should run for office if they want to make policy
▼ + stars: | 2023-06-30 | by ( Juliana Kaplan | Eliza Relman | Ayelet Sheffey | ) www.businessinsider.com time to read: +4 min

Sen. Bernie Sanders released a lengthy statement condemning the Supreme Court's ruling on student debt. Sanders also called on the Biden administration to immediately implement a "Plan B" to help borrowers. A slew of Democratic lawmakers issued statements on Friday condemning the Supreme Court's decision and urging the Biden administration to take additional action to get borrowers relief. She said the court's role is to stay away from making policy and policy judgments; but, in cases like this, the court instead makes itself the arbiter of policy. "In my view, if right-wing Supreme Court justices want to make public policy they should quit the Supreme Court and run for political office.

Persons: Sen, Bernie Sanders, Sanders, Biden, —, Joe Biden, Alito, Cortez, Samuel Alito, Biden's, Brown, Elena Kagan Organizations: Service, Democratic, US Department of Education, . Nebraska, GOP Locations: Vermont, .

June 29 (Reuters) - The U.S. Supreme Court on Thursday struck down race-conscious admissions programs at Harvard University and the University of North Carolina, effectively prohibiting affirmative action policies long used to raise the number of Black, Hispanic and other underrepresented minority students on campuses. "Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause," Roberts wrote, referring to the constitutional provision. Affirmative action had withstood Supreme Court scrutiny for decades, most recently in a 2016 ruling involving a white student, backed by Blum, who sued the University of Texas after being rejected for admission. Jackson did not participate in the Harvard case because of her past affiliation with the university. The ruling did not explicitly say it was overruling landmark precedent upholding affirmative action.

Persons: Constitution's, Edward Blum, Roe, Wade, John Roberts, Roberts, Blum, Donald Trump, Trump, Thursday's, Joe Biden's, Ketanji Brown Jackson, Jackson, Sonia Sotomayor, Elena Kagan, Sotomayor, Peter Hans, Hans, Clarence Thomas, Bollinger, Andrew Chung, Will Dunham Organizations: U.S, Supreme, Harvard University, University of North, Harvard, UNC, Fair, Universities, University of Texas, Republican, America, Liberal, Jackson, Asian, Civil, University of North Carolina, Thomson Locations: University of North Carolina, U.S, States, Black, America, New York

“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

PinnedThe Supreme Court on Thursday ruled that the race-conscious admissions programs at Harvard and the University of North Carolina were unlawful, curtailing affirmative action at colleges and universities around the nation, a policy that has long been a pillar of higher education. The university responded that its admissions policies fostered educational diversity and were lawful under longstanding Supreme Court precedents. Seven years later, only one member of the majority in the Texas case, Justice Sotomayor, remains on the court. Justice Jackson recused herself from the Harvard case, having served on one of its governing boards. The Texas decision essentially reaffirmed Grutter v. Bollinger, a 2003 decision in which the Supreme Court endorsed holistic admissions programs, saying it was permissible to consider race to achieve educational diversity.

Persons: Edward Blum, Antonin Scalia, Elena Kagan, Justice Anthony M, Kennedy, Ruth Bader Ginsburg, Stephen G, Breyer, Sonia Sotomayor, Justice Sotomayor, Justice Kennedy, Brett M, Kavanaugh, Ginsburg, Amy Coney Barrett, Justice Breyer, Justice Ketanji Brown Jackson, Justice Jackson, Grutter, Bollinger, Sandra Day O’Connor Organizations: Harvard, University of North, Civil, Asian, Fair, University of Texas Locations: University of North Carolina, North Carolina, Austin, Texas

admissions programs cannot be reconciled with the guarantees of the equal protection clause,” Chief Justice John G. Roberts Jr. wrote for the majority. The court had repeatedly upheld similar admissions programs, most recently in 2016, saying that race could be used as one factor among many in evaluating applicants. The university responded that its admissions policies fostered educational diversity and were lawful under longstanding Supreme Court precedents. Writing for the majority, Justice Anthony M. Kennedy said that courts must give universities substantial but not total leeway in devising their admissions programs. The Texas decision essentially reaffirmed Grutter v. Bollinger, a 2003 decision in which the Supreme Court endorsed holistic admissions programs, saying it was permissible to consider race to achieve educational diversity.

Persons: “, John G, Roberts, ”, Sonia Sotomayor, Edward Blum, Antonin Scalia, Elena Kagan, Justice Anthony M, Kennedy, Ruth Bader Ginsburg, Stephen G, Breyer, Justice Sotomayor, Justice Kennedy, Brett M, Kavanaugh, Ginsburg, Amy Coney Barrett, Justice Breyer, Justice Ketanji Brown Jackson, Justice Jackson, Grutter, Bollinger, Sandra Day O’Connor, Clarence Thomas Organizations: Harvard, University of North, Civil, Asian, Fair, University of Texas Locations: University of North Carolina, North Carolina, Austin, Texas

☆ 'A tragedy for us all': Supreme Court Justice Jackson blasts majority's affirmative action ruling
▼ + stars: | 2023-06-29 | by ( Kevin Breuninger | ) www.cnbc.com time to read: +4 min

Supreme Court Justice Ketanji Brown Jackson excoriated her colleagues who voted to strike down race-conscious college admissions policies, accusing the majority of "turning back the clock" on affirmative action. "With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces 'colorblindness for all' by legal fiat," Jackson wrote in a thundering dissent to the major court ruling Thursday. By all accounts, they are still stark," Jackson wrote. But if that is its motivation, the majority proceeds in vain," the justice wrote. Thursday's ruling dealt with two separate cases related to affirmative action policies at Harvard University and the University of North Carolina.

Persons: Ketanji Brown Jackson, Joe Bidens, Jackson, Joe Biden, Thursday's, Sonia Sotomayor, Sotomayor, Elena Kagan, John Roberts, Roberts Organizations: Chamber, U.S, Capitol, Supreme, Harvard University, University of North, Harvard, Harvard's, UNC, Constitution Locations: Joe Bidens State, University of North Carolina

☆ Supreme Court Puts First Amendment Limits on Laws Banning Online Threats
▼ + stars: | 2023-06-27 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

The Supreme Court ruled on Tuesday that the First Amendment imposes limits on laws that make it a crime to issue threats on the internet, requiring prosecutors to prove that defendants had acted recklessly in causing emotional harm. Writing for five justices in the 7-to-2 decision, Justice Elena Kagan took a middle path. “The state must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence,” she wrote. “The state need not prove any more demanding form of subjective intent to threaten another.”Justice Kagan acknowledged that “true threats,” like libel, incitement, obscenity and fighting words, are not protected by the First Amendment. But she said the risk of chilling protected speech warranted imposing an added burden on prosecutors.

Persons: Elena Kagan, ”, ” Justice Kagan, “

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