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☆ Justice Amy Coney Barrett’s Independent Streak Marked Supreme Court Term
▼ + stars: | 2024-07-08 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

Justice Amy Coney Barrett, 52, is the youngest member of the Supreme Court and the junior member of its conservative supermajority. Last week, she completed what was only her third full term. Yet she has already emerged as a distinctive force on the court, issuing opinions that her admirers say are characterized by intellectual seriousness, independence, caution and a welcome measure of common sense. In the term that ended last week, she delivered a series of concurring opinions questioning and honing the majority’s methods and conclusions. And she voted with the court’s three-member liberal wing in March, saying the majority had ruled too broadly in restoring former President Donald J. Trump to the Colorado ballot.

Persons: Amy Coney Barrett, dissents, Biden, Donald J, Trump Organizations: Supreme Locations: Colorado

☆ Supreme Court rules Trump has limited immunity in January 6 case, jeopardizing trial before election
▼ + stars: | 2024-07-01 | by ( John Fritze | ) edition.cnn.com time to read: +7 min

Justice Sonia Sotomayor issued a lengthy and strongly worded dissent in which she excoriated the court for its decision. The chief justice said the trial court will have to assess what of Trump’s alleged conduct is immunized under the new test handed down by the high court, and the opinion said that additional briefing will be needed for the trial court to do so. Justice Amy Coney Barrett expressed frustration with how the court was sending the case back down for more proceedings. She suggested that because Trump’s wholesale challenge to the indictment had failed, at least some of the case could go forward. In that sense, if Smith narrowed his indictment, lower courts could hear the Trump trial this year.

Persons: Donald Trump, Trump, Sonia Sotomayor, John Roberts, “, ” Roberts, Trump’s, ”, Roberts, Amy Coney Barrett, ” Barrett, Jack Smith’s, Mike Pence, Biden, Smith, –, ‘, ’ Sotomayor, ” Sotomayor, CNN’s Paula Reid, Nikki Carvajal, Priscilla Alvarez Organizations: CNN, of Justice, Trump, Government

☆ Analysis: The Supreme Court just gave presidents a superpower. Here’s its explanation
▼ + stars: | 2024-07-01 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +14 min

But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. Juries can’t even consider official acts in terms of a prosecution, according to the Supreme Court. This case poses a question of lasting significance: When may a former President be prosecuted for official acts taken during his Presidency? She said they could easily have expressed that some of Trump’s conduct was unofficial. Sorting private from official conduct sometimes will be difficult—but not always.

Persons: Donald Trump’s, Trump, John Roberts, Here’s Roberts, ”, Roberts, ’, –, Jack Smith’s, John Sauer, Amy Coney Barrett, Barrett, Mike Pence, Pence, they’re, George Washington’s, Smith, Clarence Thomas, “, …, Sonia Sotomayor, Trump’s, Sotomayor Organizations: CNN, Trump, Branch, Capitol, Supreme, Government, Founders Locations: Washington ,, Washington, United States

☆ Anticipation and Family Members of Some Justices Filled the Court for the Momentous Decision
▼ + stars: | 2024-07-01 | by ( Linda Qiu | More About Linda Qiu | ) www.nytimes.com time to read: +1 min

The tension and sense of anticipation was palpable inside the Supreme Court on Monday morning, as the justices delivered the remaining opinions and some of the most eagerly awaited decisions of the term. It was indeed not the case that most observers inside and outside the court were counting down to: on the scope and limits of presidential immunity. In the audience was Michael Dreeben, a former solicitor general who argued for the government in that case. Mr. Dreeben was greeted by several people before proceedings began, and as the justices spoke on the immunity case, he took notes on a small pad and occasionally twiddled his pen. But he showed little emotion as Chief Justice John G. Roberts Jr. delivered the majority opinion, effectively ruling against him in deciding that presidents have some immunity from criminal prosecution.

Persons: Amy Coney Barrett, Michael Dreeben, Dreeben, John G, Roberts Jr

CNN —The Supreme Court handed down a landmark decision Monday granting Donald Trump partial immunity from special counsel Jack Smith’s election subversion case, handing the former president a significant win during his reelection bid. For starters, the Supreme Court ruled that for “core” presidential activity, Trump has the absolute immunity he had sought. The analysis about what’s immune and what isn’t “ultimately is best left to the lower courts to perform,” Roberts wrote. Immune, immune, immune,” she wrote. In a significant break from the court’s other conservatives, Barrett seemed to suggest Trump should go to trial quickly.

Persons: Donald Trump, Jack Smith’s, Smith, John Roberts, “, ” Roberts, ”, Trump, Justice Department –, isn’t “, Roberts, What’s, Tanya Chutkan, Sonia Sotomayor, Sotomayor, ” Sotomayor, Honig, Justice Ketanji Brown Jackson, ” Trump’s, Barrett, Amy Coney Barrett, Trump’s, ” Barrett, David Cole, Thomas, Clarence Thomas, Merrick Garland, Garland, hasn’t, ” Thomas, CNN’s Katelyn Polantz Organizations: CNN, Supreme Court, Justice Department, Trump, American Civil Liberties Union, Senate Locations: Washington , DC, Florida

☆ Opinion | The Supreme Court Puts the Pro-Life Movement to the Test
▼ + stars: | 2024-06-30 | by ( David French | ) www.nytimes.com time to read: +1 min

Rarely has a Supreme Court case had less legal meaning and greater moral weight than the decision Thursday morning in Moyle v. United States. The case was of such little legal consequence that you might have already forgotten about it; you’ve lost it in the haze of a shocking presidential debate and a host of far more consequential Supreme Court decisions. But Moyle illuminates a deep conflict within the anti-abortion movement, and the way the pro-life movement resolves that conflict will affect American life and politics for decades to come. The court dismissed the case as “improvidently granted.” In plain English, it means that it never should have taken the case in the first place. Even though Justices Elena Kagan,Amy Coney Barrett and Samuel Alito wrote their own opinions, those opinions do not bind the lower courts the way a true Supreme Court majority opinion binds every federal court.

Persons: you’ve, Moyle, “ improvidently, Elena Kagan, Amy Coney Barrett, Samuel Alito, ”, Reagan Organizations: Labor Locations: Moyle v, United States, Idaho

☆ Opinion | Conservatives Took Another Big Step to Consolidate Power in the Supreme Court
▼ + stars: | 2024-06-29 | by ( Kate Shaw | ) www.nytimes.com time to read: +1 min

The court’s decision in Loper Bright Enterprises v. Raimondo, which overruled the 40-year-old Chevron v. Natural Resources Defense Council, won’t affect Americans’ lives in as stark and immediate a way as the 2022 decision overruling Roe v. Wade. But like Dobbs v. Jackson Women’s Health Organization, Loper Bright has the potential to fundamentally transform major aspects of the health, safety and well-being of most Americans. That’s especially true when it is viewed alongside some of the other major cases about agency power the court has handed down in recent terms — and indeed in recent days — that have stripped agencies of power and shifted that power directly to federal courts. Just this week, the court eliminated a key mechanism used by the Securities and Exchange Commission to enforce securities laws and enjoined an important Environmental Protection Agency emissions standard based on, in the words of Justice Amy Coney Barrett in dissent, an “underdeveloped theory that is unlikely to succeed on the merits.”Out of the 1984 Chevron decision came the doctrine of Chevron deference. In essence, Chevron deference allowed agencies to use their expertise to determine how to carry out laws passed by Congress — laws intended to keep our air and water clean, our drugs safe and effective, and our securities markets protected from fraud and deception.

Persons: Raimondo, ’, overruling Roe, Wade, Dobbs, Loper Bright, Amy Coney Barrett Organizations: Loper Bright Enterprises, Natural Resources Defense Council, Jackson, Health Organization, Securities and Exchange Commission, Environmental Protection Agency, Congress Locations: Chevron

☆ 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

☆ Live Updates: Supreme Court Says Prosecutors Overstepped With Jan. 6 Charge
▼ + stars: | 2024-06-28 | by ( Alan Feuer | ) www.nytimes.com time to read: +6 min

The Supreme Court sided on Friday with a member of the mob that stormed the Capitol on Jan. 6, 2021, saying that prosecutors had overstepped in using an obstruction law to charge him. Nor was it clear that a ruling in Mr. Fischer’s favor would erase the two charges against Mr. Trump under the law. 23-5572, was whether the law could be used to prosecute Mr. Fischer, a former Pennsylvania police officer. According to the government, Mr. Fischer sent text messages to his boss, the police chief of North Cornwall Township, Pa., about his plans for Jan. 6. “When the crowd breached the Capitol, Mr. Fischer was in Maryland, not Washington, D.C.,” his lawyers wrote in their brief.

Persons: Donald J, Trump, John G, Roberts, Ketanji Brown Jackson, Amy Coney Barrett, Joseph W, Fischer, Fischer’s, Jack Smith, Trump’s, Mr, ”, “, ” Mr, Joseph R, Biden, Judge Florence Y, Judge Gregory G, Katsas Organizations: Capitol, Mr, Sarbanes, Oxley, Enron Corporation, ” Prosecutors, D.C, Congress, Appeals, District of Columbia Circuit Locations: United States, Pennsylvania, North Cornwall Township, Pa, Maryland, Washington

Charges against Trump not likely affectedThe people who pushed their way into the Capitol aren’t the only ones who are facing the obstruction charge. But even before the court’s decision was handed down, Smith made clear that the charge was based on different circumstances in Trump’s case. The Supreme Court’s opinion did not address the fake electors scheme specifically. What is far more important for Trump is the Supreme Court’s pending decision on immunity. The Justice Department has taken steps for months in its prosecutions of rioters to shore up the obstruction charges.

Persons: Donald Trump, Neil Gorsuch, Brett Kavanaugh –, Biden, Trump, Jack Smith, Smith, John Roberts, nodded, –, General Merrick Garland, Garland, Jackson, Barrett, Fischer, Ketanji Brown Jackson, Roberts, Amy Coney Barrett, “, ”, ” Jackson, Joseph Fischer, Fischer “, ” Barrett, CNN’s Kristen Holmes, Paula Reid Organizations: CNN, Capitol, Trump, Enron, Trump . Trump, Justice Department, Department, The, Republican, Democratic, United States Capitol Locations: Pennsylvania

☆ Live Updates: Supreme Court Rules for Member of Jan 6. Mob in Obstruction Case
▼ + stars: | 2024-06-28 | by ( Adam Liptak | ) www.nytimes.com time to read: +6 min

Nor was it clear that a ruling in Mr. Fischer’s favor would erase the two charges against Mr. Trump under the law. In a separate case, the justices will soon decide whether Mr. Trump is immune from prosecution. 23-5572, was whether the law could be used to prosecute Mr. Fischer, a former Pennsylvania police officer. According to the government, Mr. Fischer sent text messages to his boss, the police chief of North Cornwall Township, Pa., about his plans for Jan. 6. “When the crowd breached the Capitol, Mr. Fischer was in Maryland, not Washington, D.C.,” his lawyers wrote in their brief.

☆ Supreme Court Rejects Liability Shield at Center of Purdue Pharma Settlement
▼ + stars: | 2024-06-27 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The Supreme Court ruled on Thursday that members of the wealthy Sackler family cannot be shielded from lawsuits over their role in the opioid crisis as part of a bankruptcy settlement that would channel billions of dollars to victims and their families. In a 5-to-4 decision, written by Justice Neil M. Gorsuch, a majority of the justices held that the federal bankruptcy code does not authorize a liability shield for third parties in bankruptcy agreements. Justice Gorsuch was joined by Justices Clarence Thomas, Samuel A. Alito Jr., Amy Coney Barrett and Ketanji Brown Jackson. In a strongly worded dissent, Justice Brett M. Kavanaugh wrote that the “decision is wrong on the law and devastating for more than 100,000 opioid victims and their families.” He was joined by Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor and Elena Kagan. The decision jeopardizes a carefully negotiated settlement Purdue and the Sacklers had reached in which members of the family promised to give up to $6 billion to states, local governments, tribes and individuals to address a devastating public health crisis.

Persons: Sackler, Justice Neil M, Gorsuch, Clarence Thomas, Samuel A, Alito Jr, Amy Coney Barrett, Ketanji Brown Jackson, Brett M, Kavanaugh, John G, Roberts Jr, Sonia Sotomayor, Elena Kagan Organizations: Chief, Purdue

☆ Supreme Court allows emergency abortions in Idaho for now
▼ + stars: | 2024-06-27 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +6 min

A group of doctors join abortion rights supporters at a rally outside the Supreme Court on April 24, 2024 in Washington, DC. The court dismissed an appeal brought by Idaho officials, meaning a lower court ruling that allows doctors in the state to perform abortions in emergency situations remains in effect for now. The legislation, known as the Defense of Life Act, went into effect in 2022 when the Supreme Court rolled back Roe. The Supreme Court in January allowed Idaho to enforce the provisions while agreeing to hear oral arguments in the case. The emergency room dispute is one of two abortion cases the Supreme Court considered this term, both of which arose in the aftermath of the 2022 decision to overturn Roe.

Persons: WASHINGTON —, Ketanji Brown Jackson, Samuel Alito, Clarence Thomas, Neil Gorsuch, Alito, Biden, Amy Coney Barrett, Elena Kagan, Donald Trump, Roe, Wade, Lynn Winmill Organizations: WASHINGTON, Conservative, Liberal, Defense, Labor, U.S, Circuit, Supreme, Food Locations: Washington , DC, Idaho, U.S, San Francisco

☆ What the Supreme Court ruling on social media means
▼ + stars: | 2024-06-26 | by ( Brian Fung | ) edition.cnn.com time to read: +8 min

What can the US government tell social media companies to do? Republican-led states, including Missouri and Louisiana, along with five social media users, claimed in 2022 that those contacts with social media companies were in fact part of an unconstitutional government campaign to silence free speech. Why is the government talking to social media companies? It avoided ruling on whether the government’s communications with social media companies violated the First Amendment. The FBI resumed sharing some threat information with social media companies earlier this year, prior to the Supreme Court’s decision, CNN has previously reported.

Persons: Laura Edelson, Edelson, we’ve, ” Edelson, “ That’s, – didn’t, Amy Coney Barrett, Barrett, ” Barrett, ”, James Grimmelmann, Biden, Karine Jean, Pierre, Nora Benavidez, ” Benavidez Organizations: CNN, FBI, Department of Homeland Security, Republican, Meta, Twitter, Northeastern University, Democracy, Cornell University, “, Free Press Locations: Murthy v . Missouri, Covid, Missouri, Louisiana, United States, Washington, Silicon

☆ Supreme Court allows White House to press social media companies to remove disinformation
▼ + stars: | 2024-06-26 | by ( John Fritze | Brian Fung | ) edition.cnn.com time to read: +7 min

CNN —The Supreme Court on Wednesday said the White House and federal agencies such as the FBI may continue to urge social media platforms to take down content the government views as misinformation, handing the Biden administration a technical if important election-year victory. Republican officials in two states – Missouri and Louisiana – and five social media users sued over that practice in 2022, arguing that the White House did far more than “persuade” the tech giants to take down a few deceptive items. That might include, the justices theorized, social media threats targeting public figures or disclosures of sensitive information about US troops. The case arrived at the high court at a time when the government has repeatedly warned of foreign efforts to use social media to influence elections. The jawboning case was one of several high-profile matters the court is deciding at intersection of the First Amendment and social media.

Persons: Biden, Amy Coney Barrett, “, ” Barrett, ” Biden, –, Hunter, John Roberts, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Ketanji Brown Jackson, Alito, Samel Alito, Clarence Thomas, Neil Gorsuch, ”, ” Alito, ’, unjustifiably, Vivek Murthy, Roe, Wade, Roberts, Kavanaugh, Barrett Organizations: CNN, White, FBI, Biden, Department of Homeland Security, Facebook, Republican, Centers for Disease Control, Infrastructure Security Agency, Supreme, National Intelligence Locations: – Missouri, Louisiana, Florida, Texas

☆ Supreme Court Rejects Challenge to Biden Administration’s Contacts With Social Media Companies
▼ + stars: | 2024-06-26 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

The Supreme Court handed the Biden administration a major practical victory on Wednesday, rejecting a challenge to its contacts with social media platforms to combat what administration officials said was misinformation. The court ruled that the states and users who had challenged the contacts had not suffered the sort of direct injury that gave them standing to sue. The decision, by a 6 to 3 vote, left fundamental legal questions for another day. “For months,” Justice Alito wrote, “high-ranking government officials placed unrelenting pressure on Facebook to suppress Americans’ free speech. Because the court unjustifiably refuses to address this serious threat to the First Amendment, I respectfully dissent.”

Persons: “, Amy Coney Barrett, ”, Samuel A, Alito Jr, Clarence Thomas, Neil M, Gorsuch, Alito, unjustifiably Organizations: Court, Biden, Facebook

☆ Supreme Court tosses out claim Biden administration coerced social media companies to remove content
▼ + stars: | 2024-06-26 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +1 min

WASHINGTON — The Supreme Court on Wednesday threw out claims that the Biden administration unlawfully coerced social media companies into removing contentious content. In reaching its conclusion, the court overturned an injunction that would have limited contacts between government officials and social media companies on a wide range of issues if allowed to go into effect. The Supreme Court had previously put the injunction on hold. She noted that social media platforms routinely moderated content even before the alleged coercion happened. "In fact, the platforms, acting independently, had strengthened their pre-existing content moderation policies before the government defendants got involved," she added.

Persons: WASHINGTON —, Amy Coney Barrett, Barrett Organizations: Wednesday, Biden Locations: Louisiana, Missouri

☆ Bloomberg: Supreme Court appears to side with Biden admin in abortion case, according to draft briefly posted on website
▼ + stars: | 2024-06-26 | by ( John Fritze | ) edition.cnn.com time to read: +8 min

The release was a stunning development at the Supreme Court, which usually safeguards the release of its opinions. The abortion case was considered among the most significant of the current term that is winding down ahead of the July 4 holiday. A Supreme Court spokeswoman confirmed that a “document” was “inadvertently and briefly uploaded” to the court’s website. The decision came days after the Supreme Court unanimously rejected an effort by anti-abortion groups to limit access to the abortion pill mifepristone. In January, the Supreme Court agreed to decide the case and allowed the law to take effect while it did so.

Persons: Roe, Wade –, Biden, ”, “, Patricia McCabe, Elena Kagan, Justice Ketanji Brown Jackson, wouldn’t, Steve Vladeck, Case, Reagan, Elizabeth Prelogar, Prelogar, Amy Coney Barrett, Joshua Turner, Weeks Organizations: CNN, Bloomberg News, Bloomberg, Supreme, Politico, US, Justice, University of Texas School of Law, of Justice, White, Justice Department, Idaho, Labor, Biden, Republican Locations: Idaho

☆ Early divisions signal bitter internal conflicts as Supreme Court turns toward final decisions
▼ + stars: | 2024-06-25 | by ( John Fritze | ) edition.cnn.com time to read: +9 min

Even as the court is sometimes finding wider-than-expected majorities for relatively limited outcomes, the nine justices are regularly in conflict over the meaning of decisions. A number of lower-profile cases have also sparked deep doctrinal divisions, even when the final vote count is lopsided. “It does seem, at least anecdotally, unusual to have this many separate opinions in cases with relatively lower stakes,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. The Supreme Court earlier this month tossed out an appeal from anti-abortion doctors challenging expanded access to the abortion pill mifepristone. Among them, Justice Sonia Sotomayor slammed the court’s majority opinion for its reliance on history to decide the trademark dispute.

Persons: ”, Steve Vladeck, “, dinged, councilwoman, Brett Kavanaugh, ” Kavanaugh, Donald Trump, Jack Smith’s, yank Trump, Trump, Amy Coney Barrett, Samuel Alito, Kavanaugh, ” Barrett, Aziz Huq, Huq, Moore, John Roberts ’, hasn't, Neil Gorsuch chimed, Justice Ketanji Brown Jackson, ” Alito, Clarence Thomas, Alito, it’s, Sylvia Gonzalez, Florida GOP Sen, Marco Rubio, Sonia Sotomayor Organizations: CNN, University of Texas School of Law, Trump, Capitol, University of Chicago, New York, Police, Florida GOP, Republican Locations: Moore, Texas, Trump, concurrences

☆ Opinion | Alito’s Frustrated Culture-War Diatribe
▼ + stars: | 2024-06-25 | by ( Jesse Wegman | ) www.nytimes.com time to read: +1 min

It often seems that Justice Samuel Alito would be happier swapping out his black robes for the garb of whichever right-wing plaintiffs have arrived before the court to air their culture-war grievances. On Wednesday, Alito was at it again, dissenting at length from the court’s 6-to-3 decision that threw out a conservative challenge to the Biden administration. The White House had tried to counteract the reams of misinformation being spread on social media sites during the Covid pandemic and the aftermath of the 2020 election, urging social media sites to regulate what was allowed to be posted. Not only could the plaintiffs not show “any concrete link between their injuries and the defendants’ conduct,” but the lower courts’ assessment of the record was, in fact, far from correct. Many of the district court’s findings, on which the increasingly off-the-wall U.S. Court of Appeals for the Fifth Circuit relied, “unfortunately appear to be clearly erroneous,” Justice Amy Coney Barrett wrote for the court.

Persons: Samuel Alito, Alito, Biden, “, ” Alito, grandly, Amy Coney Barrett Organizations: White, Appeals, Fifth

☆ Our contributors rewatched the 2020 Biden-Trump debates for clues. Here’s what they predict will happen Thursday
▼ + stars: | 2024-06-24 | by ( Cnn Opinion | ) edition.cnn.com time to read: +27 min

Kate Bedingfield served as White House communications director in the Biden administration and was the deputy campaign manager on Biden’s 2020 presidential campaign. That contentious exchange during the 2020 debate put Biden on the defensive. A President Trump might make their decisions about retirement that much easier. David Urban, a CNN political commentator, served as an adviser to then-President Trump’s 2020 re-election campaign. On Thursday, President Biden needs to do it again.

Persons: isn’t, Joe Biden’s, Donald Trump’s, —, Stephanie Griffith, Scott Jennings, Trump, Donald Trump, Joe Biden, Biden, counterpunched Biden, CNN Trump masterfully, ” Scott Jennings Trump, mightily, George W, Bush, Sen, Mitch McConnell, Sophia A, Nelson Stephanie Honikel, Chris Wallace, Wallace, Trump’s, it’s, Nelson, It’s, Kate Bedingfield, Donald Trump Kate Bedingfield, Shermichael Singleton, Bill Clinton’s, James Carville, “, Democratic Barack Obama, they're, aren’t, “ It’s, David Axelrod, people’s, ” Biden, jibing Trump, ”, Barack Obama, Obama, David Urban, Amy Coney Barrett, Amy Coney Barrett's, Roe, Wade, Ronald Reagan, Bill Clinton, Reagan, Clinton, ” David Urban, Dobbs, Lady Jill Biden, Samuel Alito, Clarence Thomas, Bakari Sellers, Abraham Lincoln, chokeholds, Emmett Till, HBCUs ? Biden, Hilary Krieger Organizations: CNN, White, Biden, Scott Jennings CNN, Trump, Democratic, Republican, RunSwitch Public Relations, Capitol, GOP, Republican Government Reform, White House, NBC, Marist, Fox News, Global, Senate, United, Appeals, Federalist Society, American, United State Supreme Court, National Guard, South Carolina House of, Strom Law, CNN Opinion’s Locations: Cleveland , Ohio, Nashville , Tennessee, New York, Louisville , Kentucky, Charlottesville , Virginia, “, White, Charlottesville, Michigan, Scranton, Claymont, America, United States, Pennsylvania, HBCUs

☆ Clarence Thomas' originalist interpretations go too far, even for fellow conservatives
▼ + stars: | 2024-06-23 | by ( Katherine Tangalakis-Lippert | Lloyd Lee | ) www.businessinsider.com time to read: +5 min

This story is available exclusively to Business Insider subscribers. AdvertisementLegal experts who spoke to Business Insider said Thomas's latest decision highlighted how inconsistent and even ridiculous this method of interpretation can be. The Supreme Court of 1888 decided that the Constitution was broad enough to cover inventions the Founding Fathers never dreamed of. Gross noted that he expected the outcome the Supreme Court ultimately reached, though he was surprised Justice Samuel Alito, another strict originalist, didn't join Thomas' dissent. AdvertisementRepresentatives for the Supreme Court did not respond to a request for comment from Business Insider.

Persons: —, Clarence Thomas, Thomas, Antonin Scalia, John P, Gross, wouldn't, originalists, Carolyn Shapiro, Shapiro, Amy Coney Barrett, Barrett, SCOTUS, Samuel Alito, didn't, Scalia Organizations: Service, Business, University of Wisconsin Law School, Public, originalism, Chicago, Kent College of Law's Institute, AP, CNN Locations: United States

That sent lower courts scurrying into historical analyses to figure out if modern gun laws had some connection to the 18th Century. Roberts’ opinion said that lower courts were misunderstanding what the majority had said in that ruling. But Justice Ketanji Brown Jackson, a member of the court’s liberal wing, suggested it was the high court’s fault for not providing clarity for lower courts to follow. One deals with a Pennsylvania man’s challenge to a federal law prohibiting felons, including those who are non-violent, from possessing firearms. Solicitor General Elizabeth Prelogar presented that argument with an eye toward several other challenges pending to similar federal gun prohibitions that involve non-violent criminal activity.

Persons: John Roberts, Zackey Rahimi, ” Roberts, Donald Trump, Roberts, Ketanji Brown Jackson, Neil Gorsuch, Brett Kavanaugh, Kavanaugh, Amy Coney Barrett, ” Barrett, ” Thomas ’, Bruen, Clarence Thomas, Thomas, Elie Honig, SCOTUS, Rahimi, ” Thomas, Hunter Biden, Hunter, Biden, Daniels, Steve Vladeck, ”, Elizabeth Prelogar Organizations: CNN, Supreme Court, New York, Trump, US, Appeals, Supreme, Circuit, University of Texas School of Law Locations: Texas, New, Bruen, Mississippi, Delaware, Pennsylvania, Illinois

☆ Supreme Court Upholds Trump-Era Tax Provision
▼ + stars: | 2024-06-20 | by ( Abbie Vansickle | ) www.nytimes.com time to read: 1 min

The Supreme Court on Thursday upheld a tax on foreign income that helped finance the tax cuts President Donald J. Trump imposed in 2017 in a case that many experts had cautioned could undercut the nation’s tax system. The vote was 7 to 2, with Justice Brett M. Kavanaugh writing the majority opinion. Justice Amy Coney Barrett wrote a concurring opinion, joined by Justice Samuel A. Alito Jr., and Justice Clarence Thomas dissented, joined by Justice Neil M. Gorsuch. The question before the justices appeared narrow at first glance: Is the tax in question allowed under the Constitution, which gives Congress limited powers of taxation? In the majority opinion, Justice Kavanaugh wrote that the tax fell within the authority of Congress under the Constitution.

Persons: Donald J, Trump, Brett M, Kavanaugh, John G, Roberts, Amy Coney Barrett, Justice Samuel A, Alito Jr, Clarence Thomas, Neil M Organizations: Chief

☆ The Supreme Court’s approach on ‘history and tradition’ is irking Amy Coney Barrett
▼ + stars: | 2024-06-19 | by ( Devan Cole | John Fritze | ) edition.cnn.com time to read: +10 min

Though Justice Clarence Thomas’ decision in a major trademark case last week was unanimous, it prompted a sharp debate led by Justice Amy Coney Barrett over the use of history to decide the case. “There definitely is the potential formation here of an alternative or several alternative approaches to history that ultimately draw a majority,” Wolf said. “What we could be seeing is a more nuanced approach to using that history,” said Elizabeth Wydra, president of the progressive Constitutional Accountability Center. But in a striking concurrence that captured support from both liberal and conservative justices, Justice Elena Kagan asserted that the court’s historic analysis need not end with the late-18th century. Barrett’s concurrence said the dispute could have been dealt with based on the court’s past precedent with trademark law and stressed that just leaning on the nation’s trademark history wasn’t good enough.

Persons: Clarence Thomas ’, Amy Coney Barrett, Barrett, Thomas, “, ”, Tom Wolf, Brennan, ” Wolf, Trump, Thomas ’, Antonin Scalia, Elizabeth Wydra, ” Wydra, Ilya Somin, there’s, Bruen, Sonia Sotomayor, … Bruen, –, Elena Kagan, Kagan, Brett Kavanaugh, Sotomayor –, Wolf, Roe, Wade, Vidal, . Elster, Sotomayor, ” Thomas, Kavanaugh, John Roberts, Samuel Alito, Neil Gorsuch, Ketanji Brown Jackson, Barrett’s Organizations: Washington CNN, Brennan Center for Justice, New York, Trump, George Mason University, “, Inc, CNN, Consumer Financial Protection Bureau Locations: New, Bruen, United States

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