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WASHINGTON — The Supreme Court on Wednesday allowed the Biden administration at least in the short term to enforce its latest attempt to curb climate-harming carbon emissions from coal- and gas-fired power plants that contribute to climate change. The Supreme Court is often skeptical of major agency actions but it has bucked that reputation in recent weeks. Under the proposed rule, the EPA wants to require “carbon capture,” a technique that uses solvents to remove carbon dioxide from a power plant’s emissions. The appeals court in July declined to block the regulation, saying the major questions doctrine did not apply on this occasion. In court papers, the challengers sought to portray the new regulation as being essentially the same as the one the Supreme Court struck down.

Persons: WASHINGTON —, Biden, Clarence Thomas, Samuel Alito, Brett Kavanaugh, Neil Gorsuch, Patrick Morrisey, Vicki Patton, Donald Trump, ” Morrisey, Elizabeth Prelogar, Prelogar Organizations: Republican, Environmental Protection Agency, U.S ., Appeals, District of Columbia Circuit, West Virginia, Environmental Defense Fund, Democratic, EPA Locations: West Virginia, U.S, EPA’s bailiwick, ”

☆ Prosecutors urge Supreme Court to reject Steve Bannon’s attempt to avoid prison
▼ + stars: | 2024-06-26 | by ( John Fritze | ) edition.cnn.com time to read: +1 min

CNN —The Justice Department urged the Supreme Court on Wednesday to reject an effort by former Trump aide Steve Bannon to avoid prison while he appeals his contempt of Congress conviction. A federal judge ruled recently that Bannon must turn himself in by July 1 to begin serving a four-month sentence. Bannon, a conservative podcast host and former strategist for Donald Trump, asked the Supreme Court last week to pause his prison sentence. Bannon “responded to the subpoena with total noncompliance,” Solicitor General Elizabeth Prelogar told the court. Bannon is set to report to the low-security federal prison in Danbury, Connecticut, instead of a minimum-security prison camp he had sought.

Persons: Trump, Steve Bannon, Bannon, Biden, Donald Trump, Peter Navarro, Bannon “, Elizabeth Prelogar, “, ” Prelogar, Trump’s Organizations: CNN, The Justice Department, Trump Locations: Washington ,, Danbury , Connecticut

☆ Solicitor General Elizabeth Prelogar again in the spotlight fighting the conservative Supreme Court on abortion
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | ) edition.cnn.com time to read: +8 min

CNN —For the fourth time since she became the federal government’s top Supreme Court advocate, Solicitor General Elizabeth Prelogar is arguing an abortion-related case. When Prelogar argues before the Supreme Court, she is arguing in front of several alumni of the US Office of the Solicitor General. She also clerked for her current boss, Attorney General Merrick Garland, when he was a DC Circuit judge, before her Supreme Court clerkships. She went on to litigate Supreme Court cases for private firms and worked on special counsel Robert Mueller’s investigation. Likewise, the abortion case Prelogar argued last month could have significant consequences for federal power.

Persons: Elizabeth Prelogar, Prelogar, Department’s, Biden, ”, Stephanie Toti, she’s, Ruth Bader Ginsburg, Elena Kagan, Kagan, Obama, John Roberts, George H.W, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Roe, ” Prelogar, General Merrick Garland, Robert Mueller’s, Beth Brinkmann, Clinton, Brinkmann, Prelogar’s, Court’s Roe, Wade, –, Roberts, Gorsuch, Amy Coney Barrett, ” Toti, “ That’s Organizations: CNN, Miss Idaho, NPR, Emory University, Harvard Law School, DC Circuit, litigate, The Justice Department, Idaho, Labor, Center for Reproductive Rights, Food and Drug Administration, Justice Department, Republican Locations: Bush, Texas, ” An Idaho, Idaho

☆ Takeaways from the Supreme Court’s oral arguments over emergency abortions
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | John Fritze | ) edition.cnn.com time to read: +10 min

The court’s far-right wing, perhaps in an attempt to keep those two justices on their side, framed the case as a federal overreach into state power. Turner, Idaho’s attorney, shot back that mental health could essentially open a loophole. Conservatives have long opposed allowing exceptions to strict abortion bans for mental health. Justice Samuel Alito, a fellow conservative, picked up on that same theme, repeatedly pressing Prelogar to explain whether the Justice Department views mental health as a way around Idaho’s abortion ban. That is exactly the kind of political influence that the Supreme Court, especially under Roberts, has generally tried to avoid.

Persons: Biden, Elizabeth Prelogar, Roe, Wade, Brett Kavanaugh, John Roberts, Amy Coney Barrett, Prelogar, ” Prelogar, “, Roberts, Barrett –, Barrett, teed, Joshua Turner, Sonia Sotomayor, Turner, Elena Kagan, ’, Alito, CNN Sotomayor, ”, Clarence Thomas, EMTALA, Neil Gorsuch, ‘, Samuel Alito, ” Alito, –, Joe Biden, Donald Trump, Trump, – Gorsuch, Kavanaugh Organizations: CNN, Justice, Labor, Liberal, Republican, Supreme, Department, Wade, Idaho, energizing Democratic, Food and Drug Administration, GOP Locations: Idaho, Wisconsin

The high court’s ruling could also affect the federal election subversion criminal case pending against former President Donald Trump, who was also charged with the obstruction crime. The law, Justice Elena Kagan said, could have been written by Congress to limit its prohibition to evidence tampering. Unless the court rules broadly in a way that undermines the charge entirely, the case against Trump may still stick even if Fischer wins his case. The Fischer case has prompted some liberal critics of the court to demand that Thomas recuse himself. “There have been many violent protests that have interfered with proceedings,” Thomas asked Prelogar, pressing on a theme he returned to repeatedly during the arguments.

Persons: Critics, ”, Donald Trump, Joseph Fischer, Trump, “, Fischer, Brett Kavanaugh, Elizabeth Prelogar, John Roberts, ’ ” Roberts, it’s, Prelogar, Kavanaugh, ‘, ” Prelogar, Neil Gorsuch, Jamaal Bowman, Bowman, Samuel Alito, ” Alito, rioter, Elena Kagan, ” Kagan, Sonia Sotomayor, Ketanji Brown Jackson, Jeffrey Green, Jackson, Jack Smith, Department’s, Smith, Clarence Thomas, Thomas, That’s, Thomas ’, Ginni Thomas, ” Thomas, “ I’m Organizations: CNN, Justice Department, Justice, Capitol, Court, Department, Riot, ”, New York Democrat, House, Hamas, Trump Locations: Pennsylvania, Gaza, Virginia, DC, Colorado, ”

☆ Supreme Court abortion case brings 19th century chastity law to the forefront
▼ + stars: | 2024-03-29 | by ( Tierney Sneed | ) edition.cnn.com time to read: +10 min

The Comstock Act, as the law is known, is not central to the current Supreme Court case. Their interest in the law’s relevance to Tuesday’s case speaks to how the Comstock Act has taken a more prominent role in the efforts to further limit abortion. Among other arguments, the case’s plaintiffs, anti-abortion doctors and medical associations, have invoked the Comstock Act to argue the FDA acted unlawfully by not considering the 19th century criminal prohibition on mailing abortion drugs. But much attention will be paid to any commentary about the statute, even if just in a dissent, when the Supreme Court issues its ruling in the case in the coming months. The political ramifications of the Supreme Court’s ultimate decision in the current FDA case is also at the forefront of how they approach the subject.

Persons: Clarence Thomas, Samuel Alito, Comstock, Alito, Roe, Wade, Thomas, Wade –, ”, Skye Perryman, –, Elizabeth Prelogar, Biden, ” Prelogar, Julia Kaye, Joe Biden, Roger Severino, Severino, Trump, misoprostol, Donald Trump, Michelle Shen, Alayna Treene Organizations: CNN, Forward Foundation, Food and Drug Administration, FDA, Department, DOJ, Republican, Heritage Foundation, Heritage Foundation’s, Department of Health, Human Services, House, Trump Locations: Roe

☆ Justices Barrett and Kavanaugh overturned Roe v. Wade. Why they may save access to the abortion pill
▼ + stars: | 2024-03-27 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —Justices Brett Kavanaugh and Amy Coney Barrett often link arms on cases, particularly when it comes to abortion and reproductive rights. Barrett was more active, but her queries appeared animated by the same concern for doctors who would have religious or moral objections to abortion. Kavanaugh and Barrett were Trump’s second and third appointments to the bench, in 2018 and 2020. Barrett asks about conscience and standing. When Kavanaugh followed up with his related question, Prelogar said, “We think that federal conscience protections provide broad coverage here.

Persons: Brett Kavanaugh, Amy Coney Barrett, Donald Trump, Kavanaugh, Barrett, “, ” Kavanaugh, Elizabeth Prelogar, Biden, ” Prelogar, They’d, Roe, Wade, Matthew Kacsmaryk, Clarence Thomas, Samuel Alito, mifepristone, Prelogar, ” Barrett, ”, Elena Kagan, Justice Barrett, Ketanji Brown Jackson, “ I’m, ” Jackson, Jackson, Erin Hawley, homed, ’, Hawley, she’d, ” Hawley Organizations: CNN, Drug Administration, Jackson, Health Organization, Guttmacher Institute, Alliance for Hippocratic, FDA, Appeals, Supreme, CNN Liberal, “ Locations: Dobbs v, America, Texas

☆ If Peter Navarro goes to prison, he’ll hear the lions roar
▼ + stars: | 2024-03-18 | by ( Katelyn | ) edition.cnn.com time to read: +5 min

“Not only can you hear the lions … you can hear the lions roar every morning,” said Sam Mangel, Navarro’s prison consultant. Navarro is still appealing, asking the Supreme Court to intervene before he turns himself in on Tuesday morning. Another Trump adviser, Steve Bannon, has also been sentenced to four months in prison for contempt of Congress related to the same investigation, but his prison report date is on hold as he too pursues appeals. Mangel said Navarro will have to take classes and get a job inside the prison. US Federal Bureau of PrisonsDOJ asks Supreme Court to reject Navarro’s last-ditch effortThe Justice Department asked the Supreme Court on Monday to reject Navarro’s last-ditch effort to avoid reporting to prison.

Persons: Peter Navarro –, –, Navarro, “, ”, Sam Mangel, ” Mangel, Steve Bannon, ” Stanley Brand, doesn’t, Mangel, Navarro “ acclimate, He’ll, Navarro’s, Elizabeth Prelogar, meritless ”, ” Prelogar, ” CNN’s Devan Cole Organizations: CNN, Trump White House, White House, of Prisons, Trump, White, Congress, Prisons, US Federal Bureau of Prisons, FCI Miami, US Federal Bureau of, DOJ, Justice Department Locations: Miami, Puerto Rico

☆ Trump’s appointees are poised to give conservatives another long-sought reversal
▼ + stars: | 2024-01-17 | by ( Joan Biskupic | ) edition.cnn.com time to read: +8 min

Reversal of the so-called Chevron deference approach was a priority for the judicial selection team that served Trump – on par with some right-wing activists’ quest for reversal of constitutional abortion rights. The reconstituted Supreme Court delivered on that agenda item in 2022 when it overturned Roe v. Wade. Former White House counsel Don McGahn, who controlled Trump’s judicial selections, regularly touted the administration’s anti-regulation agenda. He was especially drawn to the first two Trump appointees, Neil Gorsuch and Brett Kavanaugh, for their records in that regard. In his written brief and during arguments, Martinez invoked an adage of Chief Justice Roberts from his 2005 confirmation hearings, that judges serve as umpires, just calling balls and strikes.

Persons: Donald Trump, who’ve, Roe, Wade, Don McGahn, Neil Gorsuch, Brett Kavanaugh, “, ” McGahn, McGahn, Anne Gorsuch, Reagan, Gorsuch, ”, “ I’ve, Trump, Mitch McConnell, Leonard Leo, Biden, Roberts, John Roberts, ” Roberts, Roman Martinez, Martinez, –, Magnuson, Elizabeth Prelogar, don’t, Prelogar, Elena Kagan, ” Kagan, there’s, ” Martinez, Paul Clement, Justice Roberts, Ketanji Brown Jackson, They’re, ” Kavanaugh, George W, Bush, ” Said Kavanaugh Organizations: CNN, Trump, White House, Chevron, Environmental Protection Agency, Republican, Federalist Society, Chevron USA, Inc, Natural Resources Defense, ”, “ Chevron, National Marine Fisheries Service, Stevens Conservation, Management, Congress Locations: lockstep, Chevron

☆ Live updates: Supreme Court oral arguments on Second Amendment gun rights
▼ + stars: | 2023-11-07 | by ( Dan Berman | Devan Cole | ) edition.cnn.com time to read: +2 min

She asked Prelogar directly for “useful guidance” SCOTUS can give “about the methodology that Bruen requires be used and how that applies to cases even outside of this one?" Prelogar suggested three things the court can do. First, lower courts have “embraced the idea that the only thing that matters under Bruen is regulation. “And I think that comes very close to requiring us to have a dead ringer when Bruen itself said that's not necessary. The way constitutional interpretation usually precedes is to use history and regulation to identify principles, the enduring principles that define the scope of the Second Amendment right.

Persons: Elena Kagan, Prelogar, SCOTUS, ” Prelogar, Bruen, that's, ” Locations: “

☆ The nonstop sparring match between Justice Samuel Alito and Solicitor General Elizabeth Prelogar
▼ + stars: | 2023-11-06 | by ( Joan Biskupic | ) edition.cnn.com time to read: +16 min

CNN —Justice Samuel Alito is the tip of the spear for conservatives challenging the Biden administration during oral arguments at the Supreme Court. Solicitor General Elizabeth Prelogar is the Biden administration’s top lawyer at the court, defending the policies that are the source of much of Alito’s consternation. “I think our best example historically is the Customs Service,” Prelogar responded. The Biden administration was backing admissions practices that considered students’ race as a factor in admissions to achieve campus diversity. “No, Justice Alito,” Prelogar said.

Persons: Samuel Alito, Biden, He’s, Elizabeth Prelogar, Alito, Prelogar, Ronald Reagan, George H.W, Bush, George W, Sandra Day O’Connor, ” Prelogar, Ruth Bader Ginsburg, Elena Kagan, Robert Mueller, Joe Biden, –, ” Alito, “, ”, John Roberts, Roberts, I’m, It’s, ” Alito interjected, ’ Jeffrey Wall, Trump, …, Wall, We’re, Justice Alito, Juliet, Friar Laurence, Brett Kavanaugh, Ketanji Brown Jackson, Friar, Taylor Swift, Friar Lawrence, “ I’m Organizations: CNN, Supreme, Princeton, Yale Law School, Department of Justice, Emory University, Harvard Law School, Miss, ahs, Senate, Republicans, Democrats, Consumer Financial, Federal Reserve System, Customs Service, Biden, FDA, OSHA, Occupational Safety, Health Administration, Harvard, University of North, America, United States, Fair, Shakespeare Theatre Company, Verona Locations: Trenton , New Jersey, New Jersey, Boise , Idaho, Miss Idaho, University of North Carolina, America, ”, Verona, Washington

On the heels of that decision, a federal appeals court invalidated a federal law that bars an individual who is subject to a domestic violence restraining order from possessing a firearm. A three-judge district court panel struck down the plan in January, saying that race had been the predominant motivating factor. Three years ago, the Supreme Court limited the independence of the CFPB by invalidating its leadership structure. The court’s decision could impact whether the SEC and other agencies can conduct enforcement proceedings in-house, using administrative courts staffed with agency employees, or whether such actions must be brought in federal court. “It’s difficult to think of any other recent First Amendment cases in which the stakes were so high,” Jaffer added.

Persons: Clarence Thomas, ”, Biden, Zackey Rahimi, John Roberts, Taiwan Scott, Thomas, Elizabeth Prelogar, Magnuson, Paul Clement, ” Clement, “, pare, George Jarkesy, Sackler, ” Prelogar, Jameel Jaffer, Jaffer Organizations: CNN, Gun Safety, South Carolina’s Republican, South Carolina State Conference of, NAACP, Democrat, Republican, National Marine Fisheries Service, Chevron, Natural Resources Defense, Stevens Fishery Conservation, Management, Independent, Consumer Financial, Federal Reserve, US, Federal Deposit Insurance Corporation, Securities, Exchange, US Securities and Exchange Commission, SEC, Social Security Administration, Circuit, Historic Purdue Pharma, Purdue Pharma, Sackler, Purdue, Facebook, YouTube, Columbia University’s Locations: United States, South Carolina, Alabama, Taiwan, Charleston County, Chevron, Florida, Texas

☆ Supreme Court revives federal ghost gun restrictions; Roberts and Barrett join liberals
▼ + stars: | 2023-08-08 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +4 min

CNN —The Supreme Court on Tuesday agreed to freeze a lower court order that bars the government from regulating so-called ghost guns – untraceable homemade weapons – as firearms under federal law. Ghost guns are kits that a user can buy online to assemble a fully functional firearm. The rule does not prohibit the sale or possession of any ghost gun kit, nor does it block an individual from purchasing such a kit. A federal appeals court declined to put on hold two key challenged provisions of the regulation. A handful of retailers of ghost gun kits as well as a gun rights’ group also challenged the rule.

Persons: Biden, John Roberts, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Judge Reed O’Connor, Elizabeth Prelogar, ” Prelogar, ” David Thompson, O’Connor, ” O’Connor Organizations: CNN, Alcohol, Tobacco, Firearms, Explosives, United States, Court, Northern, Northern District of, Supreme, ” “, ATF, Control Locations: Northern District, Northern District of Texas, Texas

Circuit Court of Appeals ruled in favor of the Navajo Nation in February, saying it could sue the government for an alleged failure to carry out its duties on behalf of the tribe. The Navajo Nation can access water from other sources, including the San Juan River, a tributary of the Colorado River, but the tribe says that is not enough. Many tribal members do not have access to running water and rely on wells and other localized water sources. In separate litigation the tribe has fought for access to the Little Colorado River, another tributary of the Colorado River. “Nothing in the supposed sources the court of appeals cited imposes any specific and affirmative duties on the federal government on behalf of the Navajo Nation with respect to the water of the Colorado River,” Prelogar wrote.

☆ 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."

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