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CNN —Supreme Court Justice Amy Coney Barrett stands apart. And that is why Barrett has become the best hope for what remains of the liberal wing, particularly after Trump’s election victory. As Trump returns to the White House, the Supreme Court may be even more positioned to check the balance of powers. Nonetheless, progressives have few options, and an uncertain horizon, and cannot help but imbue Barrett with hope. “As Justice Barrett said…,” is a common Kagan refrain, too.
Persons: Amy Coney Barrett, Donald Trump’s, Barrett, Trump, imbue Barrett, Sandra Day O’Connor, Reagan, Anthony Kennedy, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Barrett homed, Sotomayor, , Kagan, Kagan interjected, , Richard Glossip, Brett Kavanaugh, Thomas, Roberts, Kavanaugh, Adam Feldman, Jake Truscott, Republican centrists O’Connor, Kennedy, Lewis Powell, Ruth Bader Ginsburg, Dobbs, Antonin Scalia, Scalia’s, Scalia, Jesse, Warren Burger, Clarence Thomas, Samuel Alito, Neil Gorsuch, they’ve, Gorsuch, ” Barrett, Jackson, Alito, ” Alito, Biden, Justice Roberts, CNN Kagan, Barrett’s, Roe, Wade, , ’ Barrett, Adrian Zackheim, Justice Barrett, ” Zackheim, Sentinel publicists, Sen, Mitch McConnell, McConnell, Barack Obama’s, Merrick Garland, Ginsburg Organizations: CNN, Republican, White, Republicans, Representatives, Notre Dame, Trump, Democratic, Glossip, Jackson, Health Organization, New York, Association, Harvard, ., Biden, Capitol, of Education, Ronald Reagan, Sentinel, Penguin Random, Wall Street, University of Louisville McConnell Center Locations: America, Oklahoma, , . United States, New Orleans, Washington, Haiti, Idaho, California, Louisville
CNN —The US Supreme Court holds immense power over Americans’ lives but is incredibly tight-lipped about how it reaches decisions. Do they care about the perception that the Supreme Court is out of step with the country? How do you think that proposal is going over at the Supreme Court? WOLF: If Trump wins, do you expect any justices would retire? BISKUPIC: If Trump wins, the leading candidates for retirement would be Justices Clarence Thomas (age 76) and Alito (age 74).
Persons: , Joe Biden, Joan Biskupic, You’ve, Amy Coney Barrett, Samuel Alito, John Roberts, I’m, Barrett, Alito, WOLF, SCOTUS, Justice Barrett, Trump, Roberts, Donald Trump, Trumpism, Biden, Kamala Harris, Clarence Thomas, Harris, Sonia Sotomayor, Ruth Bader Ginsburg, Antonin Scalia, Ginsburg, Scalia, They’re Organizations: CNN, Supreme, Trump Locations: Idaho, Trump
Kate Shaw, a contributing Opinion writer, hosted a written online conversation with Will Baude, a law professor at the University of Chicago, and Stephen Vladeck, a law professor at Georgetown and the author of “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic,” to reflect on the dramatic end to the Supreme Court term. Kate Shaw: This Supreme Court term ended on a shocking note with Trump v. United States. William Baude: I don’t think the outcome was a surprise, given the arguments and the breadth of the D.C. Circuit opinion, which rejected any claim of executive immunity rather than focusing on the specifics of the Trump case. But I remain confused about what the difference is between Justice Amy Coney Barrett’s quite sensible opinion and the much more sprawling majority opinion — Justice Barrett claims to agree with most of the majority opinion, but I don’t know if we should take that at face value!
Persons: Kate Shaw, Will Baude, Stephen Vladeck, , Trump, We’ve, William Baude, Amy Coney Barrett’s, Barrett Organizations: University of Chicago, Georgetown, Trump v . Locations: Republic, Trump v . United States
Both of his prosecutions of Donald Trump — the Mar-a-Lago documents case in Florida, and the insurrection case out of Washington, DC — will be delayed and diminished by Monday's United States Supreme Court's immunity decision, legal experts predict. The SCOTUS decision found that former presidents are presumptively immune from prosecution for acts they took while in office. That review of the insurrection case — by the DC Circuit Court of Appeals and, likely, the Supreme Court once again — will take many months. Advertisement"The way the Supreme Court set up the new rule is that most everything the president does is 'presumptively immune,'" he said. By that new measure, any communication Trump has with another federal official is, for all practical purposes, immune from prosecution, he said.
Persons: , Jack Smith, Donald Trump —, SCOTUS, Trump, Cliff Sloan, Michel Paradis, Sloan, Paradis, Justice Barrett Organizations: Service, Monday's United, Business, DC, Appeals, Georgetown University, Columbia Law School, Prosecutors, Justice Department, Department, Trump Locations: Florida, Washington, Monday's United States, DC, Beach , Florida
Barrett pins Trump down on his absolute immunity argumentsAs the second-least senior justice, Barrett sits at the far end of the Supreme Court’s mahogany bench. That was a notable break from earlier arguments Trump submitted that called for “absolute” immunity on a much wider scale of acts. A party turns to a private attorney, Barrett hypothesized, “who was willing to spread knowingly false claims of election fraud” to spearhead his challenges to an election. That appeared to be a reference to former Trump attorney Rudy Giuliani, identified by CNN as “co-conspirator 1” in Smith’s indictment. “This is where someone like Justice Barrett gets to pressure test an advocate’s points,” she said.
Persons: John Roberts, Amy Coney Barrett, , Donald Trump, Barrett, Trump’s, Trump, Roe, Wade, “ We’ve, Steve Vladeck, , Jack Smith’s, John Sauer, , Sauer, Smith, Rudy Giuliani, ” Barrett, ” Sauer, Michael Dreeben, ” Dreeben, Ilya Somin, ” Somin, ” ‘, Sonia Sotomayor, quizzing, Biden, Sotomayor, Josh Turner, Turner, I’m, ” Turner, ” Barrett interjected, ’ ”, Beth Brinkmann, litigator Organizations: CNN, Center for Reproductive Rights, University of Texas School of Law, Trump, George Mason University Locations: Idaho
Trump himself has continued to lobby for absolute immunity, including before his appearance at a New York court where he’s on trial for business fraud. Dreeben told Barrett that the indictment against Trump is substantially about private conduct, meaning that a trial could proceed even if the Supreme Court finds some immunity for Trump’s official actions. Liberal justices weren’t impressed with Trump’s absolute immunity claimsIt was pretty clear where the court’s three liberals will be when the opinion lands. With arguments over, focus shifts to timing for decisionThe arguments about Trump’s immunity claim are over. In the immunity case, the court already helped Trump by denying the special counsel request last December to leapfrog the appeals court and resolve the question quickly.
Persons: Donald Trump’s, Jack Smith carte, Trump, John Roberts, Roberts, didn’t, he’s, ” Roberts, skeptically, ” Trump, John Sauer, Sauer, Amy Coney Barrett, Justice Elena Kagan, Brad Raffensperger, Raffensperger, , Justice Barrett, Barrett –, Barrett, Smith, ” Barrett, Michael Dreeben, Dreeben, weren’t, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Kagan, , that’s, ” Kagan, Jackson, ” Jackson, “ I’m, Alito, they’d, ” Alito, , Ty Cobb, Mark Meadows, Rudy Giuliani, Richard Nixon, Gore, Katelyn Polantz, Hannah Rabinowitz, Holmes Lybrand Organizations: CNN, Trump, Appeals, DC Circuit, Georgia, Republican National Committee, Arizona, Justice Department, Trump isn’t Locations: New York, Arizona, Michigan , Georgia, Nevada, Michigan, Washington
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
Justice Amy Coney Barrett’s opinion was just a page long, all of two paragraphs. Justice Barrett was the third of Mr. Trump’s appointees, rushed onto the court after the death of Justice Ruth Bader Ginsburg, arriving just before the 2020 election. But she is viewed as one of the more moderate members, relatively speaking, of the court’s six-member conservative supermajority. In public appearances, she is adamant that the court is apolitical, though she sometimes says so in venues that undercut her message. In 2021, for instance, Justice Barrett told an audience in Kentucky that “my goal today is to convince you that this court is not comprised of a bunch of partisan hacks.”
Persons: Amy Coney Barrett’s, Donald J, Justice Barrett, Ruth Bader Ginsburg, Barrett Organizations: Mr Locations: Monday’s, Kentucky
All the opinions focused on legal issues, and none took a position on whether Mr. Trump had engaged in insurrection. In an interview on a conservative radio program, Mr. Trump said he was pleased by the ruling. The Colorado Supreme Court affirmed the first part of the ruling — that Mr. Trump had engaged in an insurrection. Mr. Trump asked the U.S. Supreme Court to intervene, setting out more than half a dozen arguments about why the state court had gone astray and saying his removal would override the will of the voters. 23-719, is not the only one concerning Mr. Trump on the Supreme Court’s docket.
Persons: Donald J, Trump, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson —, , , John G, Roberts, ” “, Amy Coney Barrett, Barrett, Bush, Gore, George W, Mr, ” Mr, Trump’s, Anderson, Michael Gold Organizations: Trump, Congress, Jackson, Health Organization, Colorado, Republican, United, The, The Colorado Supreme, Colorado Supreme, Mr, U.S, Supreme Locations: Dobbs v, United States, Colorado, The Colorado, New York
When the Supreme Court heard arguments this month on whether the Second Amendment allows the government to disarm domestic abusers, Justice Amy Coney Barrett made a cryptic reference that puzzled many in the courtroom. She asked, according to the court’s official transcript, about “the range issue.”Sentencing range? She was, it turned out, referring to a person, Bryan Range, who has challenged a federal law prohibiting people who have been convicted of felonies from owning guns. Range is a far more sympathetic figure than the defendant in the domestic violence case, Zackey Rahimi. According to court records, Mr. Rahimi threatened women with firearms and was involved in five shootings in a two-month stretch.
Persons: Amy Coney Barrett, Bryan Range, Rahimi, Justice Barrett
She said she still personally follows the formal canons of conduct that applied to her when she was an appeals court judge — which don't apply to the Supreme Court — and that her fellow justices do the same. Political Cartoons View All 1211 ImagesBut when asked by her host, former Law School Dean Robert Stein, how long it might take the Supreme Court to reach consensus about what its own ethics code should be, Barrett demurred. Kagan declared her support for an ethics code for the Supreme Court at a conference in Oregon in August. Alito said in an interview with the Wall Street Journal in July, after Democrats pushed Supreme Court ethics legislation through a Senate committee, that Congress lacks the constitutional authority to impose a code of ethics on the high court. ___Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.
Persons: Amy Coney Barrett, Barrett, , ” Barrett, , Law School Dean Robert Stein, Barrett demurred, , Stein, Elena Kagan, Sonia Sotomayor, Antonin Scalia, Ruth Bader Ginsburg, John Roberts, Barrett's, Sean Colfer, Barrett doesn't, Donald Trump, Roe, Wade, Thomas, Kagan, Alito, Brett Kavanaugh, ___, Trisha Ahmed, Ahmed Organizations: — U.S, Supreme, Law School, ” Police, Associated Press, Wall Street, Democrats, U.S, Associated, America Statehouse News Initiative, America Locations: MINNEAPOLIS, Wisconsin, Oregon, Minnesota
In his opinion blocking the student debt program, Roberts insisted he is concerned about criticisms of the court. “Make no mistake: Supreme Court ethics reform must happen whether the Court participates in the process or not,” he warned. In June, the court sided with a cement mixing company that sought to bypass federal labor law and sue a union in state court for the destruction of property caused by striking workers. On Tuesday, when Roberts announced the court’s opinion in Moore v. Harper, liberals and even some conservatives exhaled, relieved that the court was rejecting a controversial Trump-backed election law theory. “Justice Jackson has a different view,” he said at one point.
Persons: John Roberts, Roe, Wade, ” Roberts, Roberts, Samuel Alito, Clarence Thomas, he’d, Joe Biden’s, Roberts –, , It’s, Donald Trump’s, , Gorsuch, Neil Gorsuch, Bostock, Lorie Smith, ” Alito, Alito, Dobbs, Jackson, Brett Kavanaugh’s, hadn’t, Paul Singer, Singer, ProPublica, “ we’d, , ” ProPublica, Thomas, Dick Durbin, Elena Kagan, KBJ, Ketanji Brown Jackson, Dr, Adam Feldman, ” Feldman, Sonia Sotomayor, Kagan, Barrett, Thomas couldn’t, ” Jenny Hunter, ” Jackson, , Harper, exhaled, Barack Obama, Rick Hasen –, Hasen, Moore, Thomas Long, Kevin Merida, Michael Fletcher, “ Justice Jackson, Thomas ’ “, ” Thomas Organizations: CNN, Civil, Creative, Politico, Wall Street Journal, Street, GOP, Illinois Democrat, pounced, University of North, National Labor Relations, Independent, Trump, Federal, , UNC Locations: Colorado, Washington , DC, United States, , Rome, Illinois, American, Moore, North Carolina
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
Two recent Supreme Court rulings have struck down cases due to a lack of states' standing to sue. In February, the Supreme Court heard oral arguments in the two lawsuits that paused the implementation of Biden's plan to cancel up to $20,000 in student debt for federal borrowers. And that's what the Supreme Court has done with two recent rulings. "In Justice Barrett's own words, the ruling for student debt relief should be 'open and shut' in favor of mostly low-income families burdened with the crushing weight of student debt." Student loan borrowers and advocates gather for the People's Rally To Cancel Student Debt During The Supreme Court Hearings On Student Debt Relief on February 28, 2023 in Washington, DC.
Persons: , Joe Biden's, Brown, Biden, they'd, Amy Coney Barrett, Barrett, Brett Kavanaugh, Kavanaugh, Braxton Brewington, Barrett's, Countess, MOHELA, James Campbell Organizations: GOP, Service, US Department of Education, Republican, Indian Child Welfare, . Texas, Department of Homeland Security, Supreme, Relief, Getty, Nebraska who's Locations: . Nebraska, Texas, States, ., Louisiana, Washington ,, United States, scrutinizing, Missouri
Supreme Court Upholds Native American Adoption Law
  + stars: | 2023-06-15 | by ( Abbie Vansickle | ) www.nytimes.com   time to read: 1 min
The Supreme Court on Thursday upheld a 1978 law aimed at keeping Native American adoptees with their tribes and traditions, handing a victory to tribes that had argued that a blow to the law would upend the basic principles that have allowed them to govern themselves. Justice Amy Coney Barrett wrote the majority opinion. Justices Clarence Thomas and Samuel A. Alito Jr., dissented. Justice Barrett acknowledged the myriad thorny subjects raised in the challenge to the law, which pitted a white foster couple from Texas against five tribes and the Interior Department as they battled over the adoption of a Native American child. “But the bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.”
Persons: Amy Coney Barrett, Clarence Thomas, Samuel A, Alito Jr, Barrett, Organizations: Interior Department Locations: Texas, American
Yuliya Taba | E+ | Getty ImagesThe Consumer Financial Protection Bureau is warning that roughly 1 in 5 student loan borrowers have financial risk factors that could cause them to struggle when their payments resume in the fall. What to do if Biden's student debt plan is struck downHere's how things go so bad with student loan debt in the U.S. Student loan borrowers are deeper in debtMeanwhile, more than half of student loan borrowers expected to resume their payments have higher monthly debt-related expenses than they did before the pause on bills began (excluding their student debt or mortgage payment), the CFPB writes. While federal student loan payments were suspended, many borrowers probably used their freed-up cash to take on more debt, Kantrowitz said. However, the CFPB's findings show millions of student loan borrowers will resume their payments in a more precarious financial situation.
Persons: Yuliya, Joe Biden, Kentia Elbaum, Justice Barrett, Mark Kantrowitz, Kantrowitz, Persis Yu Organizations: Financial, U.S . Department of Education, Finance, Consumer, Supreme, Student, Protection Locations: U.S, delinquencies
There's no precedent in recent history for the sweeping federal student loan forgiveness policy President Joe Biden is trying to carry out. Since then, federal student loan payments have been on hold for three years. More from Personal Finance:Is Supreme Court Justice Barrett key to student debt relief? What to do if Biden's student debt plan is struck downHere's how things go so bad with student loan debt in the U.S. "What's at stake is being forced to choose between paying for student loans or being able to buy groceries, make rent and pay medical bills."
While there, she joked that the applause she received was nicer than hearing pro-choice protesters. Barrett's vote solidified the majority that overturned Roe v Wade and limited abortion rights. As the most recent appointee to the nation's highest court, Barrett's vote solidified the conservative court majority that overturned Roe v Wade and limited abortion rights across the nation. Trump-nominated Barrett was also the only woman on the court to vote to roll back the protections offered by Roe. Representatives for the Supreme Court did not immediately return Insider's requests for comment.
WASHINGTON — Supreme Court Justice Amy Coney Barrett on Friday rejected a second challenge to President Joe Biden’s student loan forgiveness plan, keeping the court out of the fight over the program that’s raging in the lower courts. The decision has little practical effect, as an appeals court ruling had already put implementation of the policy on hold. Garrison works for the Pacific Legal Foundation while Johnson works for another conservative group, the Public Interest Legal Foundation. The challengers argue they will be worse off because of the cancellation of student debt. Biden’s student debt relief program would provide up to $10,000 in debt cancellation for those earning less than $125,000 a year and couples who file taxes jointly and earn less than $250,000 annually.
Penguin Random House on Monday said it is committed to publishing a coming book by Supreme Court Justice Amy Coney Barrett despite a dissenting online open letter that has garnered more than 600 signatures, including many from the publishing world. The letter, which asks Penguin Random House to re-evaluate its decision to publish the book, argues that Justice Barrett’s vote in June in favor of overturning Roe v. Wade represented an attack on human rights, including the rights to “privacy, self determination, and bodily autonomy along with the federal right to an abortion in the United States.”
Supreme Court Justice Amy Coney Barrett on Thursday denied a request by a Wisconsin taxpayers group to halt the implementation of President Joe Biden’s federal student loan forgiveness program. She did not provide an explanation for rejecting the emergency request, which is not uncommon. The taxpayers group had argued in a 29-page filing to the Supreme Court that Biden’s program would cost taxpayers more than $1 trillion and that it bypasses Congress, which oversees federal spending. Biden's student debt relief program would provide up to $10,000 in debt cancellation for borrowers earning less than $125,000 a year and couples who file taxes jointly and earn less than $250,000 annually. Pell Grant recipients, who comprise the majority of borrowers, would be eligible for an additional $10,000 in debt relief.
Justice Barrett dismissed a bid to block Biden's student-loan forgiveness program. A taxpayers group in Wisconsin filed the emergency request at the Supreme Court on Wednesday. Barrett, who handles emergency requests out of Wisconsin, rejected the group's bid. The request was widely considered a long-shot given that lower courts had already dismissed the group's challenges to Biden's program, ruling that they lacked legal standing. As the appeals process was still playing out, the taxpayers group escalated its bid to the Supreme Court, which ultimately failed.
She was nearly two decades older than the median age — 68 — for all federal judges, according to an Insider analysis. More than a century later, in the 1920s, future Chief Justice Charles Evans Hughes argued for a mandatory retirement age. In 1954, the Senate passed a resolution proposing a constitutional amendment that'd require retirement at age 75 for federal judges. A recent poll by Insider and Morning Consult found that 71% of 2,210 respondents said the federal judiciary should have a mandatory retirement age. For Scheindlin, the former federal judge in Manhattan, Weinstein was an example of an older judge who was "terrific to his last day."
He recently spoke with economics professor Caitlin Myers about the impact of abortion bans. Myers said bans hurt women's economic agency, access to education, and careers. How abortion bans strip women of their economic agencyWhen lawmakers and judges outlaw abortion, they immediately erase a wide array of options for the estimated one in four women who have an abortion in their lifetimes. "Women's earnings are a lot closer to men's, and this is true in the United States and other developed countries." By diminishing women's economic power, abortion bans exclude women from fully participating in their lives and in the economy, keeping them politically and economically dependent on men for their survival.
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