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☆ Clarence Thomas' originalist interpretations go too far, even for fellow conservatives
▼ + stars: | 2024-06-23 | by ( Katherine Tangalakis-Lippert | Lloyd Lee | ) www.businessinsider.com time to read: +5 min

This story is available exclusively to Business Insider subscribers. AdvertisementLegal experts who spoke to Business Insider said Thomas's latest decision highlighted how inconsistent and even ridiculous this method of interpretation can be. The Supreme Court of 1888 decided that the Constitution was broad enough to cover inventions the Founding Fathers never dreamed of. Gross noted that he expected the outcome the Supreme Court ultimately reached, though he was surprised Justice Samuel Alito, another strict originalist, didn't join Thomas' dissent. AdvertisementRepresentatives for the Supreme Court did not respond to a request for comment from Business Insider.

Persons: —, Clarence Thomas, Thomas, Antonin Scalia, John P, Gross, wouldn't, originalists, Carolyn Shapiro, Shapiro, Amy Coney Barrett, Barrett, SCOTUS, Samuel Alito, didn't, Scalia Organizations: Service, Business, University of Wisconsin Law School, Public, originalism, Chicago, Kent College of Law's Institute, AP, CNN Locations: United States

The Supreme Court agreed to hear Trump's immunity claims around charges of election subversion. Trump stands to benefit from SCOTUS hearing because it could delay his trial, legal experts say. Special counsel Jack Smith's federal case against Trump cannot proceed until the Supreme Court makes its decision, which could take months. AdvertisementKalir, who is pretty confident the court will not grant Trump immunity, said it largely comes down to how merit-less the legal argument in favor of absolute immunity is. Krissoff added that the Supreme Court is likely to issue as narrow a ruling as possible.

Persons: Trump, SCOTUS, —, Donald Trump's, Jack Smith's, Trump's, Scott Lemieux, Kenneth White, White, Justin Crowe, Crowe, Sarah Krissoff, Krissoff, Doron Kalir, Kalir, Smith, Jack Smith, Carolyn Shapiro, Rather, hasn't Organizations: Service, Wednesday, Trump, University of Washington, Williams College, Justice Department, Cleveland State University College of Law, Chicago, Kent's Institute Locations: New York, Washington ,, United States

The Supreme Court is set to hear arguments on whether Trump can remain on Colorado's primary ballot. The Colorado Supreme Court, however, overturned that judge's ruling and proceeded to ban him . The Supreme Court has never directly ruled on the application of the clause. US Supreme Court building Celal Gunes/Anadolu Agency via Getty ImagesCarolyn Shapiro, founder of Chicago-Kent's Institute on the Supreme Court of the United States, said kicking the ultimate decision to Congress could be "the worst thing they could do." Whatever the outcome, experts said there's little to no political cover for the Supreme Court.

Persons: Trump, —, Donald Trump, SCOTUS, Joe Biden's, Scott Lemieux, Doron Kalir, Donald Trump Scott Eisen, Lemieux, Kalir, Carolyn Shapiro, Shapiro Organizations: Trump, Service, Republican, Colorado Supreme, University of Washington, Cleveland State University College of Law, Attorneys, Colorado, Anadolu Agency, Getty, Chicago, Kent's Institute, Trump Trump, New York Times, Supreme Locations: Colorado, United States, Maine, Oregon

☆ It doesn't matter that there was a fake detail in the case the Supreme Court used to roll back LGBTQ+ rights, experts say
▼ + stars: | 2023-07-06 | by ( Sonam Sheth | ) www.businessinsider.com time to read: +3 min

The Supreme Court ruled last week that a Colorado wedding website designer has the right to refuse service to same-sex couples. The New Republic reported that a website request cited in the case appears to have been fabricated. But legal experts even if the request was fake, it wouldn't be enough to affect the court's ruling. Phil Weiser, Colorado's attorney general, said in a statement that the high court's ruling "will permit businesses to turn away LGBTQ customers just by claiming that they sell expressive or artistic services." "The opinion represents a radical departure from decades of Court precedent and fails to uphold the principle of 'Equal Justice for All' inscribed on the U.S. Supreme Court building."

Persons: —, Stewart, Mike, Lorie Smith, Josh Blackman, South Texas College of Law Houston, Smith, Blackman, " Blackman, Carolyn Shapiro, Phil Weiser Organizations: New, Service, South Texas College of Law, Chicago, Kent College of Law, NBC, Alliance, U.S, Supreme Locations: Colorado, New Republic

WASHINGTON — The conservative-majority Supreme Court left its imprint on the 2022 elections, galvanizing Democrats with decisions on guns and abortion and potentially aiding Republicans with election rulings. For decades, it was the Republican Party that benefited from conservative anger over the Supreme Court's original ruling in Roe v. Wade. Using the new map, Republicans won five of the six districts Tuesday. Under the newly drawn map, Republicans won 20 of 28 seats. The Supreme Court's 2019 ruling said partisan gerrymandering claims could not be adjudicated by federal courts.

☆ Justices join debate on Supreme Court's legitimacy after abortion ruling
▼ + stars: | 2022-09-18 | by ( Lawrence Hurley | Lawrence Hurley Covers The Supreme Court For Nbc News Digital. | ) www.nbcnews.com time to read: +9 min

Chief Justice John Roberts, one of the court’s six conservatives, pushed back against some of the criticism in a recent public appearance, saying people should not question the court’s legitimacy just because they disagree with its rulings. It is important that the public think the justices are reaching decisions in good faith based on the law, Girgis said. Sotomayor said at an event in California on Thursday that “there’s going to be some question about the court’s legitimacy” if people think the justices are acting based on politics, according to a Courthouse News Service report. But I don’t understand the connection between opinions people disagree with and the legitimacy of the court,” he said. Conversely, in 1954, Southern states resisted enforcing the landmark Brown v. Board of Education ruling, which ended segregation in public schools.

☆ What is Moore v. Harper? Experts say the next big Supreme Court case 'could provide the path for election subversion'
▼ + stars: | 2022-07-03 | by ( Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +6 min

The Supreme Court on Thursday agreed to hear the case of Moore v. Harper in October. Moore v. Harper is a North Carolina case regarding the independent state legislature doctrine and gerrymandering. The review was granted on June 30 with the case to be heard in the Supreme Court session this October. "And it would do so at a time when voting rights are under attack, including at the Supreme Court itself." Conservative Supreme Court justices Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and Samuel Alito have all endorsed versions of the legal theory in previous court opinions.

Persons: Moore, Harper, —, Harper Moore, Robin Hudson, Samuel Alito, Clarence Thomas, Neil Gorsuch, Timothy K, SCOTUS, Leah Litman, Kate Shaw, Carolyn Shapiro, Brennan, Brett Kavanaugh, Richard Hasen, Cortez Organizations: Service, Republican, Democratic, North Carolina Supreme, General, United States, North Carolina House of, Independent, Washington Post, Supreme, Brennan Center, Justice, Conservative, New York Democrat Locations: North Carolina, North Carolina's, Alexandria

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