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☆ Trump’s election sparks speculation and infighting over future Supreme Court vacancies
▼ + stars: | 2024-11-09 | by ( John Fritze | Paula Reid | ) edition.cnn.com time to read: +9 min

The attention on potential Supreme Court vacancies has so far been driven entirely by forces outside the court – and rampant speculation based on a series of murky clues and past practices. “No questions could even be raised about their physical or mental health.”Ed Whelan, a former Supreme Court clerk and legal commentor, said he agreed with Leo’s take. The process of moving a Supreme Court nominee takes considerable time – often several months. The Supreme Court did not respond to a request for comment. It is also fairly common when a new administration comes to town to talk about these things.”’CNN Chief Supreme Court Analyst Joan Biskupic contributed to this report.

Persons: Donald Trump’s, Clarence Thomas, Samuel Alito –, Sonia Sotomayor, Joe Biden, Trump, “ Alito, Mike Davis, Stephen Breyer, Biden’s, “, Bill Clinton, Thomas, Alito, Leonard Leo, Charles Cooper, scoffed, ” Cooper, ” Ed Whelan, Leo’s, ” Whelan, Davis, Leo, ” Davis, Ruth Bader Ginsburg, Amy Coney Barrett, Roe, Wade, Ginsburg, Sotomayor, Barack Obama’s, Biden, John Roberts, George W, Bush, Breyer, Anthony Kennedy, Ronald Reagan, –, Andrew Oldham, Neomi Rao –, Judge James Ho, Martha, Ann Alito, Washington –, Ann Alito’s, Martha Alito, Roberts, Josh Blackman, ” ’, Joan Biskupic Organizations: CNN, III, Supreme, GOP, Trump, DC Circuit, Circuit, Washington, South Texas College of Law Houston, ” ’ CNN Locations: Washington, Trump, New Orleans, Virginia, New Jersey

☆ Judge Aileen Cannon to entertain Trump’s claim the special counsel is unlawful in Friday hearing
▼ + stars: | 2024-06-21 | by ( Holmes Lybrand | ) edition.cnn.com time to read: +5 min

Trump is arguing that Jack Smith – who has brought charges against Trump in Florida and Washington, DC – was unlawfully appointed as special counsel. At the center of Trump’s argument is the claim that the Attorney General Merrick Garland does not have legal authority to appoint someone as special counsel who hasn’t confirmed by the Senate. The Justice Department says the attorney general has ample authority to appoint “inferior officers,” which would include special counsels. “This Court should hold as a matter of law that the Attorney General lawfully appointed the Special Counsel,” the attorneys wrote. Almost inverse from Trump, Biden argued that special counsel David Weiss was unlawfully appointed because he was already in the federal government and therefore not fully independent.

Persons: Donald Trump, Aileen Cannon, Trump, Jack Smith –, –, Merrick Garland, hasn’t, “, Trump’s, Cannon, Smith “, ”, Smith, Josh Blackman, Gene Schaerr, Matthew Seligman, I’ve, ” Blackman, Hunter Biden, Biden, David Weiss Organizations: Pierce , Florida CNN, Trump, Senate, The, Department, Republican, Fort Pierce, The New York Times, Citizens United, United, United States Government, Justice Department, State Democracy Defenders, CNN Locations: Pierce , Florida, Florida, Washington, Fort, United States

State law would still apply if the case is moved to federal court. The federal officer removal law protects people from state prosecution for carrying out official federal duties. It says that if a person were carrying out duties placed on them by federal law, they cannot be prosecuted for committing a state crime. Legal experts said Jones could allow the case to proceed in federal court and address immunity at a later hearing. If he determines immunity did not apply to the accused actions, the jury trial would take place in federal court, with the broader jury pool.

Persons: Mark Meadows, Al Drago, Donald Trump, Trump's, Meadows, firebrand Marjorie Taylor Greene, Joe Biden, —, Jeffrey Clark, Trump, Eric Segall, Fani Willis, Willis, Georgia's, Alvin Hellerstein, Steve Jones, Josh Blackman, Jones, Tom Hals, Noeleen Walder, Amy Stevens, Stephen Coates Organizations: White, REUTERS, Fulton County Superior Court, Trump, Department of Justice, Republican, Northern District of, Georgia State College of Law, Miami . Fulton, Prosecutors, U.S, U.S . Constitution, Circuit, Appeals, District, South Texas College of Law, Thomson Locations: Washington , U.S, Fulton County, Meadows, Shafer, Northern District, Northern District of Georgia, New York, Washington, Miami ., Miami . Fulton County, Georgia, United States, U.S ., Manhattan's, Atlanta, Wilmington , Delaware

☆ Analysis: Trump allies' push to move Georgia subversion trial could mean delays
▼ + stars: | 2023-08-25 | by ( Tom Hals | Thomson Reuters | Tom Hals Is An Award-Winning Reporter With Years Of Experience Working In Asia | ) www.reuters.com time to read: +6 min

No defendants have entered a plea in the Georgia case. The federal officer removal law protects people from state prosecution for carrying out official federal duties. Legal experts said the accused acts in the Georgia case are more plausibly related to official duties than the hush money payments in the New York case. Legal experts said Jones could allow the case to proceed in federal court and address immunity at a later hearing. If he determines immunity did not apply to the accused actions, the jury trial would take place in federal court, with the broader jury pool.

Persons: Donald Trump, Ray Smith, Rudy Giuliani, Jenna Ellis, Sidney Powell, Cathy Latham, Trump's, Mark Meadows, Meadows, firebrand Marjorie Taylor Greene, Joe Biden, Jeffrey Clark, David Shafer, Trump, Eric Segall, Fani Willis, Willis, Georgia's, Alvin Hellerstein, Steve Jones, Josh Blackman, Jones, Tom Hals, Noeleen Walder, Amy Stevens, Stephen Coates Organizations: Trump, Georgia Republican, Fulton County Superior Court, of Justice, Republican, Northern District of, Georgia State College of Law, Miami . Fulton, Prosecutors, U.S, U.S . Constitution, Circuit, Appeals, District, South Texas College of Law, Thomson Locations: Georgia, Fulton County, Meadows, Shafer, Northern District, Northern District of Georgia, New York, Washington, Miami ., Miami . Fulton County, United States, U.S ., Manhattan's, Atlanta, Wilmington , Delaware

☆ 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

☆ Religious Freedom Arguments Underpin Wave of Challenges to Abortion Bans
▼ + stars: | 2023-06-28 | by ( Pam Belluck | ) www.nytimes.com time to read: +1 min

Via Zoom, a minister prompted Mikayla to look in a mirror to reflect on self-empowerment and recite: “One’s body is inviolable, subject to one’s own will alone.” After swallowing the first pill in the two-drug regimen, Mikayla recited a tenet about prioritizing science. The minister advised that after the pregnancy tissue was eventually expelled, Mikayla could recite: “By my body, my blood. Arguments for exemptions might also be persuasive because most abortion bans have some exceptions, like rape, experts said. “These should be very strong, compelling cases, but I also acknowledge that this is a highly political issue,” Ms. Platt said. “We’re in a completely new landscape,” Ms. Platt said.

Persons: Mikayla, “, ”, Elizabeth Reiner Platt, ” Ms, Platt, Josh Blackman, Ms, Adria Malcolm Organizations: Law, Columbia University, South Texas College of Law Houston Locations: Albuquerque

April 7 (Reuters) - The federal judge who on Friday suspended approval of the abortion pill mifepristone is a former Christian legal activist whose small courthouse in Amarillo, Texas, has become a go-to destination for conservatives challenging Biden administration policies. U.S. District Judge Matthew Kacsmaryk, an appointee of former Republican President Donald Trump, had a long track record of opposing abortion and LGBTQ rights before the U.S. Senate confirmed him in 2019 to a life-tenured position as a federal judge. FAVORED VENUESince then, his courthouse has become a favored venue for conservative legal activists and Republican state attorneys general pursuing lawsuits seeking to halt aspects of Democratic President Joe Biden's agenda - often with success. In October, Kacsmaryk vacated Biden administration guidance requiring employers to allow transgender workers to dress and use bathrooms consistent with their gender identities. Reporting by Nate Raymond in Boston, Editing by Alexia Garamfalvi, Bill Berkrot and Diane CraftOur Standards: The Thomson Reuters Trust Principles.

Pool via REUTERSApril 8 (Reuters) - The federal judge who on Friday suspended approval of the abortion pill mifepristone is a former Christian legal activist whose small courthouse in Amarillo, Texas, has become a go-to destination for conservatives challenging Biden administration policies. U.S. District Judge Matthew Kacsmaryk, an appointee of former Republican President Donald Trump, had a long track record of opposing abortion and LGBTQ rights before the U.S. Senate confirmed him in 2019 to a life-tenured position as a federal judge. When anti-abortion groups in November filed a lawsuit challenging the U.S. Food and Drug Administration's more than two-decade old approval of the abortion pill mifepristone, they filed in Amarillo, guaranteeing the case would be heard by Kacsmaryk. FAVORED VENUESince then, his courthouse has become a favored venue for conservative legal activists and Republican state attorneys general pursuing lawsuits seeking to halt aspects of Democratic President Joe Biden's agenda - often with success. While the district's chief judge could order cases be reallocated, he has not.

☆ How the Supreme Court may approach Biden's student-loan forgiveness plan
▼ + stars: | 2023-02-28 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +7 min

The Supreme Court will hear oral arguments on Tuesday on Biden's student-loan relief plan. Supporters say the relief is lawful, while opponents say Biden's policy is unconstitutional. The states claim that MOHELA will lose revenue from servicing loans because of Biden's relief. Concerning the constitutionality of Biden's plan, advocates on both sides say they feel confident their respective views will prevail at the Supreme Court. The Supreme Court is expected to hand down its decisions by June.

"It's judge shopping on steroids," said Sarah Lipton-Lubet, executive director of the progressive legal advocacy group Take Back the Court. The Biden administration has called the lawsuit "unprecedented" and urged Kacsmaryk to not deprive women of a long-approved safe and effective drug. At least eight have led to rulings blocking Biden policies, with several more pending. The chief judges of Texas federal courts have the authority to reallocate cases to other judges, but have largely not done so, he said. Absent a change, litigants have every right to take advantage of that structure to seek a favorable judge, he said.

☆ The Supreme Court's investigation raises questions about the justices' determination to find the abortion draft leaker
▼ + stars: | 2023-01-20 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +6 min

The Supreme Court could not determine who leaked a draft abortion ruling last May. Yet the 20-page report has raised concerns about the rigor of the court's investigation. "During the course of the investigation, I spoke with each of the Justices, several on multiple occasions," Supreme Court Marshal Gail Curley, who conducted the investigation, said in a statement. An executive-branch investigation may have led to the justices speaking under oath, a line the Supreme Court marshal did not cross, according to her statement. The Supreme Court's marshal did not note any new leads in her report.

☆ Justice Ketanji Brown Jackson dominated oral arguments and challenged conservative thinking in her first months on the Supreme Court, observers say
▼ + stars: | 2022-12-26 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +10 min

Justice Ketanji Brown Jackson has sat on the Supreme Court for a little more than two months. The Supreme Court of the United States on Thursday, Oct. 6, 2022 in Washington, DC. Justices of the U.S. Supreme Court during a formal group photograph at the Supreme Court in Washington, D.C. on Friday, Oct. 7, 2022. Some court observers say oral arguments can potentially be an opportunity for justices to sway their colleagues' thinking – though that doesn't happen often. During the three hours of oral arguments, Jackson frequently threw cold water on the idea.

☆ Supreme Court could eliminate affirmative action in university admissions as it considers high-profile challenges against Harvard and University of North Carolina
▼ + stars: | 2022-10-29 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +7 min

Students for Fair Admissions wants the Supreme Court to eliminate race as a factor in university admissions. The Supreme Court will hear the two high-profile challenges on Monday. "I represent so many communities in which affirmative action benefits us all the time," Agustín León-Sáenz, a first-generation immigrant from Ecuador and a sophomore at Harvard, told Insider. The Supreme Court has over the years confronted the role of race in university admissions and repeatedly maintained the constitutionality of affirmative action. The Supreme Court is expected to hand down its decisions in the pair of cases by June.

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