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☆ Biden Asks Supreme Court to Lift Limits on Contacts With Social Media Sites
▼ + stars: | 2023-09-14 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: +1 min

The Justice Department asked the Supreme Court on Thursday to pause a novel and sweeping ruling from a federal appeals court barring many kinds of contacts between administration officials and social media platforms. A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled last week that officials from the White House, the surgeon general’s office, the Centers for Disease Control and Prevention, and the F.B.I. had most likely crossed constitutional lines in their bid to persuade platforms to take down posts about the coronavirus pandemic, claims of election fraud and Hunter Biden’s laptop. The panel, in an unsigned opinion, said the officials had become excessively entangled with the platforms or used threats to spur them to act. The panel entered an injunction forbidding many officials to coerce or significantly encourage social media companies to remove content protected by the First Amendment.

Persons: Hunter Organizations: Department, U.S ., Appeals, Fifth Circuit, White, Centers for Disease Control

☆ Two Justices Clash on Congress’s Power Over Supreme Court Ethics
▼ + stars: | 2023-08-26 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: +1 min

A few days later, at a judicial conference in Portland, Ore., Justice Kagan took the opposite view, though she cautioned that The Journal had not reproduced the question that had prompted Justice Alito’s answer. “Of course Congress can regulate various aspects of what the Supreme Court does,” she said, ticking off a list of ways in which lawmakers can act. It can increase or shrink the size of the court, and it has over the years done both. Indeed, the Constitution provides that the court has appellate jurisdiction “with such exceptions, and under such regulations as the Congress shall make.”All of this is unsurprising, Justice Kagan said. She did not offer an opinion on the narrower question of whether Congress may impose a code of ethics on the justices, but she said the court remained free to act.

Persons: Justice Kagan, Alito’s, ” Locations: Portland ,

In the latest challenge to the role race may play in school admissions, a legal activist group asked the Supreme Court on Monday to hear a case on how students are selected at one of the country’s top high schools, Thomas Jefferson High School for Science and Technology. A divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit ruled in May that Thomas Jefferson, a public school in Alexandria, Va., did not discriminate in its admissions. The Pacific Legal Foundation, a libertarian law group, wants the Supreme Court to overturn that decision, arguing that the school’s new admissions policies disadvantaged Asian American applicants. At issue is the use of what the school board said were race-neutral criteria to achieve a diverse student body. “This is the next frontier,” Joshua P. Thompson, a lawyer with the Pacific Legal Foundation, has said of the litigation.

Persons: Thomas, Thomas Jefferson, Joshua P, Thompson Organizations: Thomas Jefferson High School for Science, Technology, U.S ., Appeals, Fourth Circuit, Pacific Legal Foundation, Harvard, University of North Locations: Alexandria, Va, University of North Carolina

☆ Conservative Case Emerges to Disqualify Trump for Role on Jan. 6
▼ + stars: | 2023-08-10 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: +1 min

Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning. “When we started out, neither of us was sure what the answer was,” Professor Baude said. “People were talking about this provision of the Constitution. We thought: ‘We’re constitutional scholars, and this is an important constitutional question.

Persons: Donald J, Trump, — William Baude, Michael Stokes Paulsen, Thomas —, Baude, ‘, what’s, “ Donald Trump, —, ” Organizations: Federalist Society, University of Chicago, University of St, University of Pennsylvania

☆ By 5-4 Vote, Supreme Court Revives Biden’s Regulation of ‘Ghost Guns’
▼ + stars: | 2023-08-08 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: 1 min

The Supreme Court on Tuesday temporarily revived the Biden administration’s regulation of “ghost guns” — kits that can be bought online and assembled into untraceable homemade firearms. In defending the rule, a key part of President Biden’s broader effort to address gun violence, administration officials said such weapons had soared in popularity in recent years, particularly among criminals barred from buying ordinary guns. The court’s brief order gave no reasons, which is typical when the justices act on emergency applications. The order was provisional, leaving the regulation in place while a challenge moves forward in the courts. The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joining the court’s three liberal members — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — to form a majority.

Persons: Biden’s, John G, Roberts Jr, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson Organizations: Biden

☆ Supreme Court Clears the Way for Mountain Valley Pipeline as Appeal Moves Forward
▼ + stars: | 2023-07-27 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: 1 min

The Supreme Court on Thursday temporarily cleared the way for construction of a 300-mile pipeline capable of carrying two billion cubic feet of natural gas daily from northern West Virginia to southern Virginia. The court’s brief order gave no reasons, which is typical when the justices act on emergency applications. The Mountain Valley Pipeline, which has cost more than $6 billion, has been the subject of years of legal challenges from environmental groups and is nearing completion. A provision concerning the pipeline was tucked into legislation enacted in June to raise the debt limit and avoid a government shutdown. The provision, championed by Senator Joe Manchin III, Democrat of West Virginia, barred most legal challenges to the construction and said challenges to the provision itself must be brought in a federal appeals court in Washington.

Persons: Joe Manchin III Organizations: Democrat Locations: West Virginia, Virginia, Washington

☆ In Her First Term, Justice Ketanji Brown Jackson ‘Came to Play’
▼ + stars: | 2023-07-07 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: 1 min

From her first week on the Supreme Court bench in October to the final day of the term that ended last week, Justice Ketanji Brown Jackson did something remarkable for a junior justice: She established herself as a distinctive voice on the court. “She was not cowed by her surroundings or the historical import of her appointment,” said Melissa Murray, a law professor at New York University. “She came to play.”Other justices have spoken about taking years to find their footing at the court, but Justice Jackson, the first Black woman to serve on the Supreme Court, wasted no time. Chief Justice John G. Roberts Jr. did not write his first solo dissent in an argued case until 16 years into his tenure. Justice Jackson issued three such dissents in her first term.

Persons: Ketanji Brown Jackson, ”, Melissa Murray, Justice Jackson, John G, Roberts Jr, Jackson Organizations: New York University, “

☆ Supreme Court Rejects Biden’s Student Loan Forgiveness Plan
▼ + stars: | 2023-06-30 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: +1 min

The Supreme Court ruled on Friday that the Biden administration had overstepped its authority with its plan to wipe out more than $400 billion in student debt, dashing the hopes of tens of millions of borrowers and imposing new restrictions on presidential power. It was a resounding setback for President Biden, who had vowed to help borrowers “crawl out from under that mountain of debt.” More than 45 million people across the country owe $1.6 trillion in federal loans for college, according to government data, and the proposed debt cancellation, announced by Mr. Biden last summer, would have been one of the most expensive executive actions in U.S. history. The decision, the last of a tumultuous term, was part of a trio of muscular rulings on Thursday and Friday in which the court divided 6 to 3 along partisan lines. In addition to rejecting the loan forgiveness program, the court’s conservative majority also sharply limited affirmative action in higher education and dealt a blow to gay rights. The dismissal of the plan intensified pressure on Mr. Biden to try to fulfill a promise to a key constituency as his bid for re-election gets underway, and he made clear in remarks on Friday that he would seize on the ruling as a campaign issue.

Persons: Biden Organizations: Mr

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