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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

Circuit U.S. Court of Appeals sounded unconvinced Monday that the TikTok “sale or ban” law, signed by President Joe Biden in April, was unconstitutional. TikTok and ByteDance have since condemned the practice and said that three employees involved were terminated, with an additional employee resigning. Pincus also said that the data TikTok collects from American users is anonymized and is comparable to other Chinese companies, like major e-commerce platforms. TikTok creators and users in the U.S. have responded overwhelmingly negatively to the proposed ban. Trump then expressed support for TikTok following Biden’s passage of the national security package that included the provision to ban TikTok.

Persons: Joe Biden, TikTok, ”, Andrew Pincus, “, it’s, Pincus, Pincus didn’t, Judge Neomi Rao, ” Rao, Biden, Kamala Harris, Kamala, Donald Trump’s, TAYLOR SWIFT, ” Trump, Trump Organizations: Circuit U.S, Chinese Communist Party, Oracle, Forbes, Palestine Information Office, ByteDance, Justice Department, “ Biden Locations: U.S, Texas, Oracle’s U.S, China, Palestine, Tibet

☆ TikTok has 15 minutes to fight for its life
▼ + stars: | 2024-09-16 | by ( Brian Fung | ) edition.cnn.com time to read: +10 min

The law Biden signed seeks to ban TikTok on Americans’ personal devices unless its Chinese parent company, ByteDance, quickly sells TikTok to someone else — which may effectively end the app as we currently know it. TikTok will not get the luxury of a full trial to argue for its continued existence in its current form. But it won’t be alone: A group of TikTok creators also suing the Biden administration will go next, with 10 minutes to speak. Court filings show that TikTok and US national security officials had hammered out a draft proposal to address the security concerns. The question is whether all that amounts to enough influence over ByteDance and TikTok to gain access to US TikTok users’ data, in spite of the guardrails promised by Project Texas.

Persons: Joe Biden, Biden, TikTok, Sri Srinivasan, Judge Neomi Rao, Donald Trump, Douglas Ginsburg, Reagan, ’ TikTok, “, ”, Chris Inglis Organizations: CNN, Appeals, District of Columbia Circuit, Oracle, Justice Department, Independent, Project Texas, Federal Communications Commission Locations: China, United States, ByteDance, U.S, Beijing

☆ Appeals court rejects argument that Democratic-lean of DC’s jury pool makes it unfit for January 6 cases
▼ + stars: | 2024-05-28 | by ( Tierney Sneed | ) edition.cnn.com time to read: +2 min

CNN —A federal appeals court, including two Donald Trump appointees, ruled Tuesday that the Democratic-lean of Washington, DC’s, population does not make its jury pool too biased to try a January 6 Capitol rioter case. The DC US Circuit Court of Appeals, in an opinion written by Barack Obama-appointed Judge Patricia Millett and joined by Judges Gregory Katsas and Neomi Rao, both Trump appointees, rejected the version of the argument put forward by Webster. “Webster asserts that the District overwhelmingly voted for President Biden and historically votes for Democratic candidates. … That may be,” Millett wrote. “Generalized disapproval of criminal conduct — even the specific conduct at issue in a defendant’s case — says nothing about a juror’s ability to be impartial in deciding whether a particular individual committed a crime or not.”

Persons: Donald Trump, Thomas Webster, Barack Obama, Patricia Millett, Gregory Katsas, Neomi Rao, Webster, “ Webster, Biden, ” Millett, Richard Nixon, “, ” Organizations: CNN, Democratic, Capitol, New York Police, Trump, DC, Circuit, Appeals, DC Circuit Locations: Washington, DC’s

☆ Federal appeals court throws out lawsuit against Apple, Google, Tesla and other tech giants over alleged child labor in Congo
▼ + stars: | 2024-03-05 | by ( Devan Cole | ) edition.cnn.com time to read: +2 min

CNN —A federal appeals court on Tuesday threw out a lawsuit that sought to hold Apple, Google, Tesla and other major tech companies liable for their alleged use of child labor to mine cobalt in the Democratic Republic of Congo. “The plaintiffs have not adequately alleged the Tech Companies participated in a venture because there is no shared enterprise between the Companies and the suppliers who facilitate forced labor,” Rao wrote. “The Tech Companies own no interest in their suppliers. A federal judge in DC had previously thrown the case out. The defendants in the case were Apple, Alphabet (which owns Google), Dell Technologies, Microsoft and Tesla.

Persons: Neomi Rao, “, ” Rao, Rao, Michelle Toh Organizations: CNN, Apple, Google, Democratic, DC Circuit, Appeals, “, Tech Companies, Companies, DC, Dell Technologies, Microsoft, International Rights Locations: Democratic Republic of Congo, Congo

A panel of judges in the District of Columbia Court of Appeals in Washington said the securities regulator's denial of Grayscale's proposal was arbitrary and capricious because the SEC failed to explain its different treatment between bitcoin futures ETFs and spot bitcoin ETFs. CRYPTO WINThe SEC rejected Grayscale's application for a spot bitcoin ETF in June 2022, arguing the proposal did not meet anti-fraud and investor protection standards. The court said in its ruling that the SEC failed to explain why it disagreed with Grayscale's assertion that the bitcoin spot and futures markets are 99.9% correlated. If the SEC chooses not to appeal, the court would issue a mandate specifying how its decision should be executed. That could include instructing the SEC to approve the application, or to revisit Grayscale's application, in which case the SEC could still reject the proposal on other grounds.

Persons: Dado, CRYPTO, Judge Neomi Rao, Hannah Lang, Chris Prentice, Paul Simao, Matthew Lewis Organizations: REUTERS, WASHINGTON, U.S . Securities, Exchange, District of Columbia, SEC, CRYPTO WIN, Fidelity, Appeals, U.S, Supreme, BlackRock, New, Thomson Locations: District, Washington, New York

At least three court cases touching legal issues that could affect special counsel Jack Smith’s approach are ripe for rulings from the DC Circuit. But the start of the new DC Circuit term in early September puts additional pressure on the circuit judges to clear out their opinions in lingering cases. Can investigators access data on the phone of a congressman who aided in Trump’s election reversal attempts? The DC Circuit has yet to decide whether investigators can access certain data from a phone of Perry’s that the FBI seized a year ago. However, Smith’s case as a criminal prosecution differs to the approach taken by the civil litigants in other ways.

Persons: Donald Trump, Jack Smith’s, Tanya Chutkan, Trump, Scott Perry, There’s, Smith, rioter Thomas Robertson, “ dishonestly, Karen Henderson, Nina Pillard, Florence Pan, Barack Obama, Joe Biden, Perry, Jeffrey Clark, Gregory Katsas, Neomi Rao, Ronald Reagan, Henderson, –, Sri Srinivasan, Katsas, Judith Rogers, Obama, Bill Clinton Organizations: CNN, US, DC Circuit, Republican, Capitol, Trump, Department, FBI, Pennsylvania Republican, Democratic, Justice Department Locations: Washington ,, Pennsylvania

☆ The deadline for a ruling on Ark's application for a bitcoin ETF is near
▼ + stars: | 2023-08-07 | by ( Bob Pisani | ) www.cnbc.com time to read: +6 min

Ark's application for a spot bitcoin ETF was published in the Federal Register on May 15. Get in line: Bitcoin ETF applications(Date filed & Last possible review) Ark/21 Shares Bitcoin Trust 5/15/23 1/10/24Bitwise Bitcoin ETF Trust 7/18/23 3/15/24BlackRock Bitcoin ETF Trust 7/19/23 3/16/24VanEck Bitcoin Trust 7/19/23 3/16/24WisdomTree Bitcoin Trust 7/19/23 3/16/24Valkyrie Bitcoin Fund 7/19/23 3/16/24First Trust Galaxy Bitcoin 7/19/23 3/16/24Fidelity Wise Origin Bitcoin Trust 7/19/23 3/16/24 A ninth organization, Grayscale, has filed to convert its Grayscale Bitcoin Trust into a Bitcoin Spot ETF. 'Surveillance sharing agreement'The SEC has denied all prior spot bitcoin ETF applications, citing fraud and manipulation in the underlying markets. Supporters of a spot bitcoin ETF have been emboldened by a court case unfolding between Grayscale Bitcoin Trust (GBTC) and the SEC. Seif runs the Purpose Bitcoin ETF, a spot bitcoin ETF that has been trading in Canada since February, 2021.

Persons: Marco Bello, Reuters It's, Matt Hougan, It's, Neomi Rao, Bitcoin, Som Seif, Seif, Gary Gensler, Gensler, We're, Ric Edelman, Edelman, Bloomberg Intelligence's James Seyffart, Eric Balchunas Organizations: Reuters, SEC, The Securities, Exchange, Federal Register, Federal, Bitwise Asset Management, Bitcoin, BlackRock, Nasdaq, Digital Assets, Financial, CNBC, Bloomberg Locations: Miami Beach , Florida, U.S, BlackRock, Bitwise, Washington, Canada

Bitcoin futures ETFs track bitcoin futures contracts, or agreements to purchase or sell bitcoin at a certain price on a specified date. A spot bitcoin ETF would track bitcoin's underlying market price. Proponents say a spot bitcoin ETF would give investors exposure to bitcoin without directly buying it. He told Reuters in January that Grayscale would appeal the case if the court backed the SEC's decision to reject its bitcoin ETF proposal. Grayscale Bitcoin Trust, launched in 2013, has $14 billion in assets under management, according to Grayscale’s website.

Kannon Shanmugam of Paul, Weiss, Rifkind, Wharton & Garrison represented PayPal, while CFPB senior counsel Christopher Deal represented the regulator. The CFPB created its Prepaid Rule to offer consumers legal protections on prepaid accounts similar to those on products such as checking accounts, including the ability to challenge payment errors, unauthorized transactions and fraud. Chief Judge Sri Srinivasan and Circuit Judge Cornelia Pillard joined Rao's decision. The appeals court returned the case to Leon to consider PayPal's other challenges to the Prepaid Rule, including constitutional and administrative law claims. Circuit Court of Appeals, No.

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