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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

WASHINGTON — Republicans are gearing up to lock in their remake of the judiciary under President-elect Donald Trump and a new Senate majority, including potentially installing several more conservative Supreme Court justices. Conservatives are prepared for Supreme Court retirements, with the most attention on Justice Samuel Alito, 74. GOP won't pursue Supreme Court ethics rulesTrump already transformed the federal courts in his first term, appointing 54 appeals court judges and 174 district court judges, many of whom are closely linked with the Federalist Society, a conservative legal group. Biden has made his own mark on the judiciary, appointing 210 district and appeals court judges in total, including 44 appeals court judges, falling just short of Trump’s total. “We’ll quit beating up the Supreme Court every time we don’t like the decision they make,” he said.

Persons: Donald Trump, — Trump, Trump, Samuel Alito, Alito, ”, Mike Davis, “ That’s, — John Thune, John Cornyn, “, ” Cornyn, Thune, Trump’s, Clarence Thomas, Roe, Wade, John Malcolm, Franklin D, Roosevelt, — Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett —, Biden, Davis, Thomas, Don McGahn, ’, you’ve, Sonia Sotomayor, Ruth Bader Ginsburg, Trump's, Barrett, “ Sonia Sotomayor, Sotomayor, Alex Aronson, Sotomayor didn’t, Chuck Grassley, Sen, Grassley, Josh Hawley, Trump hasn’t, Malcolm, Andrew Oldham, Amul Thapar, JD Vance’s, Usha Vance, Thapar, Judge James Ho, Neomi Rao, Patrick Bumatay, Joe Biden hasn’t, Russell Wheeler, Leonard Leo, Leo, Mitch McConnell, shepherded, “ We’ll Organizations: WASHINGTON, Republicans, Democratic, Senate, Trump, GOP, Heritage Foundation, “, White, NBC, NBC News, Committee, Circuit, Appeals, U.S ., District of Columbia Circuit, Republican, Institution, Federalist Society, Supreme, Court Locations: West Virginia , Montana and Ohio, Texas, Iowa, New Orleans, Cincinnati, San Francisco, Ky

☆ Trump-appointed appeals court judges say Mississippi is violating federal law with mail ballot deadline but don’t block it
▼ + stars: | 2024-10-25 | by ( Tierney Sneed | ) edition.cnn.com time to read: +4 min

CNN —A panel of three Donald Trump-appointed judges said Friday that Mississippi was violating federal law by counting mail ballots that arrive after Election Day, but stopped short of blocking the policy before the election, in a ruling that could nevertheless impact voting-related lawsuits this fall. The ruling from the 5th US Circuit Court of Appeals is a victory for the Republican National Committee and others who brought the case in Mississippi, a non-battleground state with very little mail-in voting, seeking a ruling by a far-right circuit court friendly to their arguments. “Voters deserve nothing less than a fair and transparent election which ends on November 5th. “Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the 5th Circuit panel said. “That is not to say all the ballots must be counted on Election Day,” the opinion states.

Persons: Donald Trump, “, Michael Whatley, ’, Trump’s, ”, Judge Andrew Oldham, James Ho, Kyle Duncan Organizations: CNN, Mississippi, Republican National Committee, statutorily, Representatives, Republicans, Trump Locations: Mississippi, Nevada , Ohio, Virginia, Maryland, California, New York

☆ How Samuel Alito got canceled from the Supreme Court social media majority
▼ + stars: | 2024-07-31 | by ( Joan Biskupic | ) edition.cnn.com time to read: +15 min

Behind the scenes, the conservative justice sought to put a thumb on the scale for states trying to restrict how social media companies filter content. The states enacted their laws in 2021 and, with variations, restricted the ability of social media platforms to filter third-party messages, videos and other content. Greg Abbott signed that state’s measure, he said, “there is a dangerous movement by social media companies to silence conservative viewpoints and ideas.” In Florida, Gov. Kagan added a footnote to her majority opinion buttressing that point and reinforcing Barrett’s view. But, despite Alito’s protest, Kagan had a majority signing her decision, which, at minimum, offers lower court judges a strong indication of the framework the high court majority would use in future online challenges.

Persons: Samuel Alito, Alito, Amy Coney Barrett, Ketanji Brown Jackson, Justice Elena Kagan, Donald Trump, Joe Biden, SCOTUS, Trump, Greg Abbott, ”, Ron DeSantis, Andrew Oldham, Kevin Newsom, Newsom, Feedback Alito, NetChoice, unconstitutionality, Clarence Thomas, Neil Gorsuch, Barrett, Jackson, Kagan, John Roberts, Sonia Sotomayor, Brett Kavanaugh, ” Barrett, Justice Roberts, CNN Jackson, “, ” Kagan, –, Thomas, Gorsuch, Sylvia Gonzalez, Gonzalez’s, Gonzalez, Trevino, Alito’s, haven’t, Republican Trump, Judge Oldham Organizations: CNN, New York Times, Democratic, Trump, Facebook, Twitter, Texas Gov, Gov, Big Tech, Texas, Appeals, Oldham, YouTube, Chief, Supreme, Circuit, Republican Locations: Texas, Trump, SCOTUS The Texas, Florida

☆ Big Tech gets a big win from the Supreme Court
▼ + stars: | 2024-07-01 | by ( Grace Eliza Goodwin | ) www.businessinsider.com time to read: +6 min

Read previewThe Supreme Court isn't willing to blow up the internet just yet. The Texas law applied to social media companies with at least 50 million users, while Florida included companies with over 100 million users. As Judge Andrew Oldham wrote in his appeals court decision upholding the Texas law, the Florida law "prohibits all censorship of some speakers," while the Texas law "prohibits some censorship of all speakers." Part of the reason the Supreme Court might have agreed to hear the cases to begin with is because there was a circuit split between the states. But Calvert said on Monday that because the high court's decision is so favorable to the social media companies, that's not likely to happen.

Persons: —, isn't, Paxton, Florida's Moody, NetChoice —, Donald Trump, Andrew Oldham, Clay Calvert, Calvert, Elena Kagan, Kagan, Ken Paxton, Ashley Moody ., that's Organizations: Service, Business, Facebook, Twitter, Capitol, Republicans, Meta, Google, Appeals, Circuit Locations: Texas, Florida

☆ Texas immigration controversy rekindles fight over Arizona’s ‘show me your papers’ law
▼ + stars: | 2024-04-03 | by ( Devan Cole | ) edition.cnn.com time to read: +8 min

CNN —The legal battle over a controversial Texas immigration law could eventually give the Supreme Court a chance to revisit a historic ruling that largely struck down Arizona’s “show me your papers” law and reaffirmed the federal government’s “broad, undoubted power” over immigration. “It would have been incredibly difficult for the 5th Circuit to let this law stand under existing Supreme Court precedent,” she said. ‘Show me your papers’ lawThe Arizona law is a high-profile example of what happens when states attempt to take immigration policy into their own hands. Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, known as SB 1070, into law in 2010. The Supreme Court upheld the “show me your papers” part of the law and struck down the three other parts.

Persons: ”, Andrew Schoenholtz, “, ” Denise Gilman, Biden, Jan Brewer, Justice Anthony Kennedy, ’, ” Kennedy, ” Gilman, Clarence Thomas, Samuel Alito, Antonin Scalia, Elena Kagan, Jessica Bulman, Scalia, ” “, Pozen, Obama, that’s, Priscilla Richman, Irma Carrillo Ramirez, Andrew Oldham –, Alito, –, Oldham, Greg Abbott Organizations: CNN, Texas ’, ., Georgetown Law, University of Texas School of Law, Circuit, Arizona Republican Gov, Enforcement, Act, National, National Government, Columbia Law School, “, Arizona Court, Oldham, Texas Republican Gov Locations: Texas, New Orleans, Arizona, . United States, El Paso County . Texas, United States, “ Arizona

☆ ‘Maybe Texas went too far’ with immigration law, state lawyer tells federal court
▼ + stars: | 2024-04-03 | by ( Devan Cole | Tierney Sneed | ) edition.cnn.com time to read: +4 min

CNN —An attorney defending Texas’ controversial immigration law told a federal appeals court on Wednesday that state legislators may have gone “too far” when they passed the law last year. The law, known as SB4, makes entering Texas illegally a state crime and allows state judges to order immigrants to be deported. Nielson sought to downplay how sweeping the law was and argued it did not interfere with federal authority on immigration. An attorney for the Justice Department, which brought one of the lawsuits challenging the Texas statute, urged the appeals court not to depart from its previous ruling blocking the law. “Of course, we know that presidents come and go, and different administrations might very well enforce federal law differently,” he said, arguing that the law may not be necessary under a different presidential administration.

Persons: Aaron Nielson, Nielson, ” Nielson, Priscilla Richman, Nielson’s, Daniel Tenny, Judge Andrew Oldham, “, they’ve, ”, “ It’s, Biden, Richman Organizations: CNN, Texas, Texas Attorney, Justice Department, United States, US Locations: Texas, United States, United, El Paso County

WASHINGTON (AP) — The Supreme Court is hearing arguments in a challenge to the Securities and Exchange Commission's ability to fight fraud, part of a broad attack on regulatory agencies led by conservative and business interests. Circuit Court of Appeals ruled in favor of Jarkesy and his Patriot28 investment adviser group on three separate issues. And it said laws shielding the commission’s administrative law judges from being fired by the president are unconstitutional. Jarkesy's lawyers noted that the SEC wins almost all the cases it brings in front of the administrative law judges but only about 60% of cases tried in federal court. A decision upholding the 5th Circuit's ruling could sweep far more broadly, calling into question the authority of administrative law judges at numerous federal agencies, the Justice Department said.

Persons: Biden, George R, Jarkesy, ”, Jennifer Walker Elrod, Andrew Oldham, Elrod, George W, Bush, Donald Trump, Eugene Davis, Ronald Reagan Organizations: WASHINGTON, Securities, Exchange, SEC, Circuit, Oldham, Justice Department Locations: New Orleans

☆ Appeals court partially blocks ruling that imperils access to key abortion pill
▼ + stars: | 2023-04-13 | by ( Lawrence Hurley | Laura Jarrett | ) www.cnbc.com time to read: +6 min

A federal appeals court late on Wednesday blocked part of a ruling issued last week by a Trump-appointed judge that endangers access to the abortion pill mifepristone. The Justice Department can still ask the Supreme Court to intervene in an attempt to completely block Kacsmaryk's ruling. The Justice Department has filed a motion in the federal district court in Washington state, asking for clarification on Friday's ruling. Kacsmaryk's ruling, if allowed to stand, would not mean that access to mifepristone would immediately be cut off nationwide. The agency has broad power to do so, with the Supreme Court in a 1985 ruling saying that such decisions generally cannot be challenged in court.

☆ Boeing, Southwest defeat class actions over 737 MAX safety
▼ + stars: | 2022-11-21 | by ( Jonathan Stempel | ) www.reuters.com time to read: +2 min

Nov 21 (Reuters) - A U.S. appeals court on Monday threw out class-action lawsuits accusing Boeing Co and Southwest Airlines Co (LUV.N) of covering up a fatal flaw in the design of the Boeing 737 MAX 8 plane, and ordered that the litigation be dismissed. Boeing and Southwest did not immediately respond to requests for comment. The 737 MAX was grounded worldwide after 346 people died in the October 2018 crash of Lion Air Flight 610 in Indonesia and March 2019 crash of Ethiopian Airlines Flight 302 in Ethiopia. Passengers accused Southwest, Boeing's launch customer for the MAX 8, of pressuring Boeing into deceiving Federal Aviation Administration (FAA) officials during the testing and certification process, ostensibly to lower pilot training costs. In January 2021, Boeing agreed to pay $2.5 billion to resolve a U.S. Department of Justice criminal probe into the 737 MAX crashes.

Circuit Court of Appeals, based in New Orleans, sets up the potential for the U.S. Supreme Court to rule on the law, which conservatives and right-wing commentators have said is necessary to prevent "Big Tech" from suppressing their views. Register now for FREE unlimited access to Reuters.com RegisterThe Texas law was passed by the state's Republican-led legislature and signed by its Republican governor. Texas Attorney General Ken Paxton on Twitter hailed the ruling as "massive victory for the constitution and free speech." Because the 5th Circuit ruling conflicts with part of a ruling by the 11th Circuit, the aggrieved parties have a stronger case for petitioning the Supreme Court to hear the matter. In May, the 11th Circuit, based in Atlanta, found that most of a similar Florida law violates the companies' free speech rights and cannot be enforced.

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