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☆ 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

☆ Justice Elena Kagan says Supreme Court’s code of conduct needs an enforcement plan. Takeaways from her wide-ranging comments.
▼ + stars: | 2024-07-25 | by ( Devan Cole | ) edition.cnn.com time to read: +11 min

Sacramento, California CNN —Justice Elena Kagan on Thursday defended the code of conduct the Supreme Court created last year, but conceded there needs to be a way to enforce the rules for it to be more effective. “I think that the rules that we put out are good ones,” Kagan said at a judicial conference in Sacramento. “I think that the thing that can be criticized is, you know, rules usually have enforcement mechanisms attached to them. Justice Scalia and Justice Ginsburg pose on an elephant in Rajistan during their tour of India in 1994. Collection of the Supreme Court of the United StatesBut asked on Thursday whether she thought collegiality is important for the court, Kagan made clear that while she saw it as important, it shouldn’t ultimately matter to the public.

Persons: Elena Kagan, ” Kagan, Kagan, ”, “, ’, John Roberts, “ I’m, Roberts, Trump, Joe Biden, Feedback Biden, ‘, ’ ”, eked, Donald Trump’s, Barack Obama, Antonin Scalia, Ruth Bader Ginsburg, Justice Scalia, Ginsburg, collegiality, shouldn’t Organizations: California CNN, Democratic, Judicial, Department, GOP, Biden, Department of Education, Trump, CNN Locations: Sacramento, California, Washington, Rajistan, India

☆ Oral dissents are back in vogue at the Supreme Court as liberals lament latest rulings
▼ + stars: | 2024-06-29 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —As the conservative Supreme Court majority has won case after case in recent days, liberal dissenters are having their moment in the courtroom. Other justices stared out at spectators or down at notes, perhaps anticipating the next opinions, and dissents, to be revealed. The court majority reversed a 1984 milestone that required judges to defer to reasonable agency interpretations of their congressional mandates. Her oral dissent lasted nearly 15 minutes, about five minutes longer than Roberts’ rendition of the majority opinion. They begin with the author of the majority opinion delivering the facts of the case, law involved, and the resolution.

Persons: Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Neil Gorsuch, Sotomayor, ”, “, ” Gorsuch, John Roberts, Kagan, Roberts, They’ve, Kagan’s, ” Kagan, Roe, Wade, Gorsuch, Sotomayor’s, Antonin Scalia, Jackson, Amy Coney Barrett, Barrett, improvidently, Samuel Alito, Clarence Thomas, ” Alito, Biden, chiding Organizations: CNN, Friday, Natural Resources Defense, “, Securities and Exchange Commission, SEC, US Justice Department, Labor, Conservative Locations: Oregon, Grants, American, Idaho

☆ Opinion | Can the Supreme Court’s Liberals Reclaim Judicial Restraint?
▼ + stars: | 2024-05-29 | by ( Linda Greenhouse | ) www.nytimes.com time to read: +1 min

The Supreme Court’s recent rescue of an important federal agency from the hands of a hostile lower court was an exercise in the evolving definition of originalism. A mechanism that the United States Court of Appeals for the Fifth Circuit deemed unconstitutional was clearly known to and accepted by the Constitution’s framers, Justice Thomas concluded. Justice Elena Kagan wrote a concurring opinion to say that while the old history was enlightening and adequate to support the agency’s constitutionality, modern practice supported it as well. “All the flexibility and diversity evident in the founding period,” she wrote, has “continued unabated” when it comes to financing government operations. Notably, two of the court’s conservatives, Justices Brett Kavanaugh and Amy Coney Barrett, in addition to Justice Sonia Sotomayor, joined Justice Kagan’s endorsement of the significance of later, even contemporary, practice when interpreting the Constitution.

Persons: Clarence Thomas, Thomas, Elena Kagan, ”, Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Kagan’s, Samuel Alito, Neil Gorsuch Organizations: Consumer Financial, United States, Appeals, Fifth Circuit

☆ Tired, testy and fractured: The Supreme Court prepares for more drama
▼ + stars: | 2024-05-24 | by ( Joan Biskupic | ) edition.cnn.com time to read: +13 min

CNN —As Supreme Court justices try to resolve more than a dozen major cases over the next month, including whether Donald Trump must stand trial for election subversion, they appear mired in antagonism and distrust. Conservatives, who indeed hold the upper hand on the 6-3 court, nonetheless spike their writing and remarks with derision for the left. When the court majority allowed Louisiana state officials to use a map with a second majority-Black congressional district (over the protest of a GOP-backed group of White voters), the three liberals dissented. (A lower US court had referred to it as the “bleaching of African American voters” from the district.) Dissenting liberals emphasized that the decision reversing the lower court undercut a 2017 Supreme Court ruling, Cooper v. Harris, issued before the far-right majority took hold.

Persons: Donald Trump, Samuel Alito, Alito, Elena Kagan, Clarence Thomas, Ketanji Brown Jackson, John Roberts, Richard Nixon, Bill Clinton, Sonia Sotomayor, Kagan, Jackson, Blacks, Purcell, ’, Amy Coney Barrett, “, ” Barrett, Roberts, ” They, Bush, Feedback Kavanaugh, Gore, Cooper, Harris, ” Kagan, ” Alito, Joe Biden’s, Biden, Martha, Ann, ”, Alito tersely, Kagan’s, Edwin Kneedler, ” Roberts, Kneedler, Joshua Turner, Sotomayor, ” Sotomayor, Turner, interjected Organizations: CNN, Trump, Consumer Financial Protection Bureau, Liberal, GOP, White voters, Congress, Gore, South, American, Capitol, New York Times, US Justice Department Locations: America, Colorado, South Carolina, Carolina, Louisiana, Virginia, New Jersey, American, Alito’s, Jersey, Grants Pass , Oregon, Idaho, The Idaho

☆ Justice Kagan order: Apple doesn’t have to change app store terms while battling Epic in court
▼ + stars: | 2023-08-09 | by ( Brian Fung | ) edition.cnn.com time to read: +1 min

Washington CNN —A judicial order forcing Apple to change some of its app store terms will not need to take immediate effect while litigation over the decision plays out, Supreme Court Justice Elena Kagan said on Wednesday, handing a temporary defeat to opponents of the company. The order is a setback for “Fortnite”-maker Epic Games as Apple appeals a lower-court ruling that found the iPhone-maker had violated California competition law. Epic Games declined to comment on Kagan’s decision, which occurred in the Supreme Court’s so-called “shadow docket” and was not referred to the full court. The appeals court temporarily paused enforcement of the injunction while Apple appeals the ruling to the Supreme Court. But last month, Epic Games filed an emergency request to the court calling for the order to be put into effect immediately, saying the public would otherwise be harmed by Apple’s practices.

Persons: Elena Kagan, Fortnite, Apple didn’t, Apple Organizations: Washington CNN, Apple, Supreme, Epic, Epic Games Locations: California

☆ Supreme Court Justice Elena Kagan’s Remarkable Dissent - The New York Times
▼ + stars: | 2023-07-01 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +2 min

But I don’t want to discuss Roberts’s majority opinion as much as I do Justice Elena Kagan’s dissent. Kagan wrote something unusual. “From the first page to the last, today’s opinion departs from the demands of judicial restraint,” Kagan wrote. To say that the Supreme Court can violate the Constitution is to reject the idea that the court is somehow outside the constitutional system. For Congress, especially, to exercise its authority to discipline the court when it oversteps its bounds.

Persons: Elena Kagan’s, Kagan, ” Kagan, “, ”

But under a Colorado public accommodations law, she said she cannot post the statement because the state considers it illegal. The ruling – rooted in free speech grounds – will pierce state public accommodation laws for those businesses who sell so-called “expressive” goods. It is the latest victory for religious conservatives at the high court and will alarm critics who fear the current court is setting its sights on overturning the 2015 marriage case. When the Supreme Court agreed to hear the case in February 2022, the justices sidestepped whether the law violated Smith’s free exercise of religion. In court, Waggoner said that the law works to compel speech in violation of the First Amendment.

Persons: Justice Neil Gorsuch, John Roberts, Samuel Alito, Amy Coney Barrett, Brett Kavanaugh, Clarence Thomas, Justice Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Lorie Smith, Gorsuch, ”, Smith’s, ” Gorsuch, Sotomayor, “, ’, Kristen Waggoner, Matthew Shepard, ” Sotomayor, Bostock, Trump, Kelley Robinson, Ritchie Torres, ” Torres, Waggoner, Smith, Smith –, –, ” Smith, ” Waggoner, Eric Olson Organizations: CNN, Chief, U.S, Supreme, Pride Month, Civil, American Civil Liberties Union, ”, Democratic, Twitter, Appeals Locations: Colorado, United States, Clayton County

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