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☆ SCOTUS seems determined to dismantle the administrative state. It will make regulating major industries tougher.
▼ + stars: | 2024-06-28 | by ( Natalie Musumeci | Katie Balevic | ) www.businessinsider.com time to read: +8 min

Then, according to Hockett, the case would be heard by an administrative court. Straight to federal court. "These two rulings largely amputate the two most important arms that our regulatory agencies use every day in overseeing our industrial economy," Hockett said. AdvertisementIn overturning the Chevron doctrine in a 6-3 decision, the high court has hamstrung federal agencies' regulatory powers. Panuccio said that he supported the decisions and called them "important checks on administrative power."

Persons: —, Elena Kagan, Robert Hockett, SCOTUS, Friday's, Hockett, John Roberts, Roberts, Jonathan Siegel, Siegel, Jarkesy, It's, Rachel Weintraub, Weintraub, Jesse Panuccio, Trump, Panuccio Organizations: Service, United States, Securities, Exchange, Business, Cornell University, Environmental Protection Agency, EPA, Chevron, Natural Resources Defense Council, SEC, George Washington University, Coalition, Sensible Locations: North America

☆ The Supreme Court just made it easier for governments to remove unhoused people from public spaces
▼ + stars: | 2024-06-28 | by ( Eliza Relman | ) www.businessinsider.com time to read: +5 min

Read previewThe Supreme Court on Friday ruled that it's constitutional for local governments to make it illegal to sleep in public places, even when there isn't sufficient shelter space. The case — City of Grants Pass v. Johnson — is the most consequential the court has decided dealing with homelessness in decades. AdvertisementThe Supreme Court ruled that laws regulating sleeping in public places don't constitute cruel and unusual punishment. Homeless rights activists held a rally outside the U.S. Supreme Court on April 22, 2024, the day the court heard oral argument in City of Grants Pass, Oregon v. Johnson. An increasing number of cities and states across the country have passed laws — often anti-camping ordinances — similar to that in Grants Pass.

Persons: —, Johnson —, Justice Neil Gorsuch, Johnson, California —, Gorsuch, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Kevin Dietsch, Gavin Newsom, Newsom, Ron DeSantis, Jesse Rabinowitz Organizations: Service, Business, Circuit, Homeless, U.S, Supreme, Democratic, California Gov, Gov, National Homelessness Law Center Locations: Grants, Grants Pass , Oregon, Martin v, Boise, California, City, Grants Pass, Oregon, Florida

☆ Supreme Court delivers blow to power of federal agencies, overturning 40-year-old precedent
▼ + stars: | 2024-06-28 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +4 min

A general view of the U.S. Supreme Court building in Washington, U.S., June 1, 2024. WASHINGTON — The Supreme Court on Friday overturned a 40-year-old precedent that has been a target of the right because it is seen as bolstering the power of "deep state" bureaucrats. It is the latest in a series of rulings in which the conservative justices have taken aim at the power of federal agencies. The ruling was 6-3 with the conservative justices in the majority and liberal justices dissenting. The Trump administration had embraced the war on "deep state" agency power, selecting judicial nominees in part based on their hostility to the federal bureaucracy.

Persons: WASHINGTON —, Chevron, John Roberts, Elena Kagan, Reagan, Magnuson, Trump, Gorsuch, Kavanaugh, Barrett, Joe Organizations: U.S, Supreme, WASHINGTON, Chevron, Natural Resources Defense, Liberal, Republican, Democratic, National Marine Fisheries Service, Stevens Fishery Conservation, Management, Trump Locations: Washington , U.S, New England

☆ Homeless people can be ticketed for sleeping outside, Supreme Court rules
▼ + stars: | 2024-06-28 | by ( Devan Cole | John Fritze | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court ruled Friday in favor of an Oregon city that ticketed homeless people for sleeping outside, rejecting arguments that such “anti-camping” ordinances violate the Constitution’s ban on “cruel and unusual” punishment. The case centered on “anti-camping” ordinances in Grants Pass, Oregon, that were challenged by several residents experiencing homelessness. “For some people, sleeping outside is their only option.” The city, she said, “punishes them for being homeless. The ordinances barred people from sleeping in public with “bedding,” which can include sleeping bags or bundled-up clothing. In reaction to the Supreme Court’s ruling, housing rights groups came out in full force to condemn the decision.

Persons: Neil Gorsuch, It’s, ” Gorsuch, Gorsuch, ”, Sonia Sotomayor, ” Sotomayor, “, Sotomayor, Theane Evangelis, Elena Kagan, Jesse Rabinowitz, ” Gavin Newsom –, California –, Jay Cheng Organizations: CNN, ”, US Department of Housing, Urban, National Homelessness Law, National Alliance, Homelessness, Democratic Locations: Oregon, Grants Pass , Oregon, United States, California, Francisco

☆ Supreme Court Upholds Ban on Sleeping Outdoors in Homelessness Case
▼ + stars: | 2024-06-28 | by ( Abbie Vansickle | ) www.nytimes.com time to read: 1 min

The Supreme Court on Friday upheld an Oregon city’s laws aimed at banning homeless residents from sleeping outdoors, saying they did not violate the Constitution’s prohibition on cruel and unusual punishment. The decision is likely to reverberate beyond Oregon, altering how cities and states in the West police homelessness. The ruling, by a 6-to-3 vote, split along ideological lines, with Justice Neil M. Gorsuch writing for the majority. The laws, enacted in Grants Pass, Ore., penalize sleeping and camping in public places, including sidewalks, streets and city parks. In her dissent, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote that the decision would leave society’s most vulnerable with fewer protections.

Persons: Neil M, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson Locations: Oregon, West, Grants

☆ 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

☆ The Supreme Court is poised to unleash a weapon against Biden's climate policies
▼ + stars: | 2024-06-27 | by ( Catherine Boudreau | ) www.businessinsider.com time to read: +5 min

Climate advocates and business groups are closely watching the US Supreme Court this week. The court could issue a ruling that sharply curtails the federal government's power to regulate the environment, including President Joe Biden's climate policies. Legal experts say the Supreme Court, with its conservative majority, is likely to overturn or significantly limit the Chevron doctrine. Meanwhile, he added, administrative lawyers have been preparing for this very scenario at the Supreme Court. Biden's EPA hasn't relied on the Chevron doctrine to defend its climate rules.

Persons: Joe Biden's, Charles Koch, Chevron, Biden, isn't, Ronald Reagan, David Doniger, Reagan, Doniger, Obama, Neil Gorsuch, Elena Kagan, Trump Organizations: Service, Business, Action Institute, Environmental, Agency, Natural Resources Defense Council, Chevron, Trump, EPA, Republican, Supreme Locations: Chevron

☆ Supreme Court rejects multibillion-dollar Purdue Pharma opioid settlement that shielded Sackler family
▼ + stars: | 2024-06-27 | by ( John Fritze | ) edition.cnn.com time to read: +3 min

As the nation continues to grapple with the opioid epidemic, the Sackler family had agreed to pay $6 billion to families and states as part of an agreement to wind down Purdue Pharma, the maker of OxyContin. In exchange, the Sackler family would be immunized from future civil liability claims. Those supporting the bankruptcy argued the yearslong process had gone on long enough and was unlikely to yield additional money from the Sackler family. The vast majority of known current opioid victims and their families supported the agreement. But the Justice Department said it was a raw deal for victims – particularly potential future victims.

Persons: Sackler, Neil Gorsuch, ” Gorsuch, “, ” Kavanaugh, ”, John Roberts, Sonia Sotomayor, Elena Kagan Organizations: Washington CNN, Chief, Congress, Purdue Pharma, Department Locations: New York

☆ 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

☆ 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

☆ 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

☆ Opinion | The Supreme Court Neuters a Vital Public Watchdog
▼ + stars: | 2024-06-25 | by ( Jesse Wegman | ) www.nytimes.com time to read: +1 min

The Supreme Court’s right-wing supermajority talks a lot about the importance of history and tradition in deciding cases. The decision, in Securities and Exchange Commission v. Jarkesy, struck down the S.E.C.’s use of in-house judges to bring enforcement actions against securities fraud. If the agency wants to go after securities fraud, it will have to go to federal court. When a lawsuit involves the protection of rights of the public generally, juries have never been required. Its impact will reach far beyond securities fraud, hamstringing similar tribunals in agencies responsible for the environment, public health, food and consumer safety, worker protections and much more.

Persons: ”, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson Organizations: Securities, Exchange Commission

☆ The 5 biggest cases the Supreme Court hasn't yet decided
▼ + stars: | 2024-06-23 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +8 min

The nation's highest court typically wraps up its business by the end of June, but court watchers count roughly a dozen major pending decisions. Trump v. United States: The Trump immunity caseThe implications for Trump alone made this the most closely-watched case this term. As Justice Neil Gorsuch said during oral arguments, the court may write "a rule for the ages." Justices heard oral arguments in a case brought by commercial fishermen about a rule requiring them to pay for monitors that track potential overfishing. Justice Elena Kagan said during oral arguments that 70 Supreme Court rulings and more than 17,000 lower-court decisions have relied on Chevron.

Persons: —, Donald Trump's, Trump, Neil Gorsuch, Ketanji Brown Jackson, Jack Smith's, Smith, Lev Radin, Fischer, Joseph Fischer's, John Roberts, Loper, Raimondo, Biden, Elena Kagan, Andrew Harnik, Moyle, Roe, Joshua Turner, Ken Paxton, Brandon Bell, Ron DeSantis Organizations: Service, Trump, Business, . United, Police, United, Enron, Capitol, Electoral, Biden, Washington Post, Loper Bright Enterprises, FDA, Chevron, Natural Resources Defense, Inc, Getty, Idaho, Labor, Paxton, Industry, Gov, The Washington Post, Court, GOP Locations: . United States, United States, Pennsylvania, Chevron U.S.A, Idaho's, Idaho, Texas, Red, Florida

☆ 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

☆ 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

☆ Biden’s EPA is trying to take a huge bite out of the climate crisis. But can it survive Trump’s Supreme Court?
▼ + stars: | 2024-05-22 | by ( Ella Nilsen | ) edition.cnn.com time to read: +10 min

Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson. And environmental attorneys are intrigued by Barrett, who has had some tough questions for EPA’s challengers during recent Supreme Court arguments. The Supreme Court ruled in 2007 that the EPA can use its authority to regulate greenhouse gases. That gives the agency the recent Congressional direction the Supreme Court has said it so badly needs, some experts said.

Persons: Joe Biden’s, Richard Lazarus, “, Michael Regan, ” “, ” Regan, Regan’s, ” Lazarus, Samuel Alito, Clarence Thomas, Neil Gorsuch, Gorsuch, Alito, ” David Doniger, “ Alito –, ”, Reagan, Anne Gorsuch, Sonia Sotomayor, John Roberts, Elena Kagan, Amy Coney Barrett, Brett Kavanaugh, Ketanji Brown Jackson, J, Scott Applewhite, Amy Coney Barrett –, Roberts, Barrett, Kavanaugh, Sackett, “ He’s, he’s, doesn’t, Ann Carlson, ” Carlson, ” Doniger Organizations: CNN, Joe Biden’s Environmental Protection Agency, Harvard Law, EPA, Republican, Natural Resources Defense Council, Chevron, DC, Appeals, DC Circuit, University of California, Biden, Congress Locations: China, United, Virginia, University of California Los Angeles, West Virginia, Congress

☆ Free Speech Becomes a New Battleground in Abortion Litigation - The New York Times
▼ + stars: | 2024-05-17 | by ( Linda Greenhouse | ) www.nytimes.com time to read: +2 min

There has hardly ever been as fierce a defender of free speech as the current Supreme Court. The court’s version of free speech has become a powerful tool against government regulation. In his majority opinion, Justice Clarence Thomas said the “unduly burdensome” requirement amounted to unconstitutionally compelled speech. Now the question is whether the court’s solicitude toward those who would rather not talk about abortion extends in the other direction. What about state laws that prohibit rather than require offering information about where to get an abortion?

Persons: John Roberts, Janus, Elena Kagan, “, Clarence Thomas Organizations: . American Federation of State, Municipal Employees, ” Locations: . American Federation of State , County, California

The Consumer Financial Protection Bureau headquarters in Washington, D.C., on May 14, 2021. The Supreme Court ruled Thursday that the funding structure of the Consumer Financial Protection Bureau is legal. The court in a 7-2 decision rejected an argument that the CFPB's funding method violated the U.S. Constitution's Appropriations Clause because Congress had not annually authorized money for the agency. Instead, Congress authorized the CFPB to draw funding from the Federal Reserve system that the agency's director deems necessary for its work. The majority's ruling reversed a decision by the 5th Circuit U.S. Court of Appeals, which found the CFPB's funding mechanism was unconstitutional.

Persons: Clarence Thomas, Thomas, John Roberts, Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Samuel Alito, Neil Gorsuch, Thursday's, Alito groused Organizations: Consumer Financial, Washington , D.C, Federal Reserve, Federal, System, 5th Circuit U.S, of Appeals, Community Financial Services Association of America, Consumer Service Alliance of Texas Locations: Washington ,

☆ Supreme Court, for Now, Allows Louisiana Voting Map to Move Forward
▼ + stars: | 2024-05-15 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The Supreme Court on Wednesday temporarily reinstated a congressional map in Louisiana that includes a second majority-Black district, increasing the likelihood that Democrats could gain a House seat from the state in the November election. The order was unsigned, as is the Supreme Court’s custom in ruling on emergency applications. It came in response to a challenge to a lower-court decision that had blocked the map drawn by Louisiana’s Republican-controlled Legislature, deeming it a racial gerrymander. The justices said that their decision would remain in effect pending an appeal or a ruling by the Supreme Court. Justices Sonia Sotomayor and Elena Kagan did not explain their reasoning, but Justice Ketanji Brown Jackson, in a dissent, wrote that she believed the court had intervened too soon.

Persons: Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson Organizations: Louisiana’s Republican, Supreme Locations: Louisiana, Black

☆ A Trump judge and Biden’s Justice Department agree that a Texas map is illegal. But that doesn’t mean it will change
▼ + stars: | 2024-05-14 | by ( Tierney Sneed | ) edition.cnn.com time to read: +10 min

CNN —A county redistricting plan in Texas that a Donald Trump-appointed judge deemed “a clear violation” of the Voting Rights Act is back before a notoriously conservative appeals court. After the 2021 Census, the Republican-led county commission broke up that district, locking in four majority-white districts instead. Their opponents argue that Congress did not intend for multiple “classes” of minorities to be considered together when assessing a map’s Voting Rights Act compliance. Black and Latino voices ‘extinguished,’ judge saysThe 2021 map split up the long-established Precinct 3, spreading those minority voters across the four total commission precincts. “It would be devastating for minority voters as devastating as it was for Galveston’s Black and Latino voters.”

Persons: Donald Trump, Biden, Jeffrey Vincent Brown, –, ”, Valencia Richardson, Christian Adams, ‘, ” Brown, Brown, Mark Henry –, Henry, Robin Armstrong, Armstrong, Adams, Circuit “, Elena Kagan, …, ” Chad Ennis –, ” Ennis, Hilary Harris Klein Organizations: CNN, Republican, 5th, Campaign, “, Senate, Justice Department, Galveston Republicans, Interest Legal Foundation, Circuit, Southern Coalition for Social Justice Locations: Texas, Galveston’s County, Galveston County, White, Galveston, Louisiana, Mississippi, ”

☆ Supreme Court rules against Warner Music in copyright damages case
▼ + stars: | 2024-05-09 | by ( ) www.cnbc.com time to read: +1 min

The 6-3 ruling, authored by liberal Justice Elena Kagan, affirmed a lower court's decision that favored producer Sherman Nealy, who sued a Warner subsidiary and others in Florida federal court in 2018. Nealy has said that his label Music Specialist owns rights to the electronic dance song "Jam the Box" by Tony Butler, also known as Pretty Tony. Warner artist Flo Rida, whose given name is Tramar Dillard, incorporated elements of "Jam the Box" into his 2008 song "In the Ayer." The producer requested damages for alleged copyright infringement dating back to 2008. Circuit Court of Appeals reversed that decision and said there was "no bar to damages in a timely action."

Persons: Flo Rida, John Shearer, Elena Kagan, Sherman Nealy, Nealy, Tony Butler, Tony, Warner, Dillard, Warner Chappell, Butler Organizations: U.S, Supreme, Warner Music, Warner, Circuit, Appeals Locations: Universal City, Calif, Miami, Florida, Ayer, Atlanta

☆ Amid Cases on Abortion and Trump, Roberts Reflects on Supreme Court’s Work
▼ + stars: | 2024-04-29 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

Before he joined the court in 2005, he was a leading member of its bar, arguing before the court 39 times. Since then, he has heard more than 1,000 arguments. And he has published a study of what makes for an effective oral presentation. Indeed, he said, oral arguments are when the justices effectively begin their deliberations. While some of the justices’ questions are clearly earnest inquiries trying to nail down facts or clarify the lawyers’ positions, much of the communication at arguments is actually among the justices.

Persons: Donald J, Trump, John G, Roberts, ”, Elena Kagan, Brett M, Kavanaugh Organizations: Georgetown University Law Center

☆ Opinion | Trump’s Immunity Case Was Settled More Than 200 Years Ago
▼ + stars: | 2024-04-26 | by ( Jesse Wegman | ) www.nytimes.com time to read: +1 min

This is more or less what Justice Elena Kagan seemed to be wondering during the oral arguments in Donald Trump’s Jan. 6 immunity case at the Supreme Court on Thursday morning. “Wasn’t the whole point that the president was not a monarch and the president was not supposed to be above the law?” she asked. Like her, I had assumed those questions were answered decisively in the affirmative more than 200 years ago. But now, after almost three hours of circuitous debate and bizarre hypotheticals at the Supreme Court, I’m not so sure. And they tried to draw a distinction between official acts, for which a president might have immunity from prosecution, and private acts, for which no immunity would apply.

Persons: Elena Kagan, Donald Trump’s Jan, “, ”, I’m, Trump Organizations: Supreme

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

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