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☆ If Peter Navarro goes to prison, he’ll hear the lions roar
▼ + stars: | 2024-03-18 | by ( Katelyn | ) edition.cnn.com time to read: +5 min

“Not only can you hear the lions … you can hear the lions roar every morning,” said Sam Mangel, Navarro’s prison consultant. Navarro is still appealing, asking the Supreme Court to intervene before he turns himself in on Tuesday morning. Another Trump adviser, Steve Bannon, has also been sentenced to four months in prison for contempt of Congress related to the same investigation, but his prison report date is on hold as he too pursues appeals. Mangel said Navarro will have to take classes and get a job inside the prison. US Federal Bureau of PrisonsDOJ asks Supreme Court to reject Navarro’s last-ditch effortThe Justice Department asked the Supreme Court on Monday to reject Navarro’s last-ditch effort to avoid reporting to prison.

Persons: Peter Navarro –, –, Navarro, “, ”, Sam Mangel, ” Mangel, Steve Bannon, ” Stanley Brand, doesn’t, Mangel, Navarro “ acclimate, He’ll, Navarro’s, Elizabeth Prelogar, meritless ”, ” Prelogar, ” CNN’s Devan Cole Organizations: CNN, Trump White House, White House, of Prisons, Trump, White, Congress, Prisons, US Federal Bureau of Prisons, FCI Miami, US Federal Bureau of, DOJ, Justice Department Locations: Miami, Puerto Rico

Michael Cargill, owner of Central Texas Gun Works in Austin, opposes the ban on bump stock sales. “During the Trump administration, the bump stock ban cropped up as a rather glaring example of unlawful administrative power,” Philip Hamburger, a founder of the New Civil Liberties Alliance, said in an email. Image A bump stock attaches to a semiautomatic rifle and enables it to fire at a much higher rate. In response, the Justice Department promised to review the legality of bump stocks, but A.T.F. Eventually, the full court agreed with Mr. Cargill by vote of 13 to 3, split along ideological lines.

Persons: Michael Cargill, ”, Cargill, Trump, ” Philip Hamburger, Elizabeth B, Prelogar, George Frey, Cargill strolled, “, Mark Chenoweth, ” Mr, Chenoweth, Obama, ” “, Mr, Charles Koch, Jonathan F, Mitchell, Donald J, Stephen Paddock, Erin Schaff, Jennifer Walker Elrod Organizations: Central Texas Gun, Government, Army, New Civil Liberties Alliance, —, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Charles Koch Foundation, Koch Industries, Colorado Supreme, National Rifle Association, Justice Department, Congress, The New York Times Federal, U.S ., Appeals, Fifth Circuit, Mr, Gun Control Locations: Austin, Las Vegas, ”, “, Texas

☆ Supreme Court declines to immediately block West Point from considering race in admissions process
▼ + stars: | 2024-02-02 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +3 min

(Photo by M. Anthony Nesmith/Icon Sportswire via Getty Images)WASHINGTON — The Supreme Court on Friday allowed West Point to continue to consider race in its admissions process for now, rebuffing a request made by a conservative group. The group says that its membership includes two "full qualified, but white" West Point applicants. In asking the Supreme Court to immediately intervene, the challengers said that West Point's program is inconsistent with the Supreme Court's ruling last year. West Point has been considering applications since August and has already made hundreds of offers, Prelogar said. Lower courts declined to immediately prevent West Point considering race while the litigation proceeds.

Persons: Anthony Nesmith, WASHINGTON —, Elizabeth Prelogar, Prelogar Organizations: Army, 124th Army, Navy, Gillette, Getty Images, WASHINGTON, Fair, Harvard, University of North, U.S . Army, Naval Academy, Air Force Academy Locations: Foxborough, University of North Carolina, New York, Maryland, Colorado, West

WASHINGTON (AP) — The Supreme Court is allowing West Point to continue taking race into account in admissions, while a lawsuit over its policies continues. The justices on Friday rejected an emergency appeal seeking to force a change in the admissions process at West Point. The military academy had been explicitly left out of the court’s decision in June that ended affirmative action almost everywhere in college admissions. Lower courts had declined to block the admissions policies at both schools while the lawsuits are ongoing. Only the West Point ruling has been appealed to the Supreme Court.

Persons: West, ”, Elizabeth Prelogar, Biden Organizations: WASHINGTON, Constitution, Harvard University, University of North, Fair, Harvard, U.S . Military Academy, West, U.S . Naval Academy, Supreme, Long, Army, Justice Department, United States Military Academy, Biden administration’s Locations: West, U.S, University of North Carolina, North Carolina, “, Hudson, New York City, New York, Atlanta, Detroit

☆ Supreme Court lets West Point continue considering race as part of admissions
▼ + stars: | 2024-02-02 | by ( Devan Cole | ) edition.cnn.com time to read: +6 min

Washington CNN —The Supreme Court said Friday that the United States Military Academy at West Point can continue considering race as a factor in its admissions process while a legal challenge to the practice plays out. Last week, SFFA asked the high court to step in on an emergency basis to block West Point from considering race in its admissions process as the litigation unfolds. “For now, the only question is what should happen as this case proceeds – who should bear the burden of the status quo,” attorneys for SFFA told the Supreme Court. “Every year this case languishes in discovery, trial, or appeals, West Point will label and sort thousands more applicants based on their skin color – including the class of 2028, which West Point will start choosing in earnest once the application deadline closes on January 31. Or should West Point bear the burden of temporarily complying with the Constitution’s command of racial equality?” they added in part.

Persons: SFFA, Biden, “, midstream, Elizabeth Prelogar, Prelogar, ”, Philip M, Halpern, it’s, ’, Court’s, John Roberts, Richard Bennett, CNN’s Jamiel Lynch Organizations: Washington CNN, United States Military Academy, Fair, Harvard, University of North, US Naval Academy, Supreme, “, Army, West, Naval Academy Locations: University of North Carolina, “, New York, West, Maryland

☆ Agencies’ Power Under Scrutiny in Supreme Court Arguments
▼ + stars: | 2024-01-17 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

The Supreme Court will hear arguments on Wednesday over whether to overturn a key precedent, one that has empowered executive agencies and frustrated business groups hostile to government regulation. The doctrine takes its name from a 1984 decision, Chevron v. Natural Resources Defense Council, one of the most cited cases in American law. Discarding it could threaten regulations in countless areas, including the environment, health care, consumer safety, nuclear energy and government benefit programs. It would also transfer power from agencies to Congress and the courts. “Overruling Chevron,” Solicitor General Elizabeth B. Prelogar wrote in a Supreme Court brief defending the doctrine, “would be a convulsive shock to the legal system.”

Persons: Elizabeth B, Prelogar Organizations: Chevron, Natural Resources Defense Council, ”

The 1984 decision states that when laws aren’t crystal clear, federal agencies should be allowed to fill in the details as long as they come up with a reasonable interpretation. At least four justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — have questioned the Chevron decision. Defending the rulings that upheld the fees, the Biden administration said that overturning the Chevron decision would produce a “convulsive shock” to the legal system. Environmental, health advocacy groups, civil rights organizations, organized labor and Democrats on the national and state level are urging the court to leave the Chevron decision in place. Conservative interests that also intervened in recent high court cases limiting regulation of air and water pollution are backing the fishermen as well.

Persons: Donald Trump’s, John Paul Stevens, Trump, — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh —, Chevron, Biden, Elizabeth Prelogar, Ketanji Brown Jackson Organizations: WASHINGTON, Chevron, Marine Fisheries Service Locations: Rhode, New Jersey, Rhode Island

☆ Trump’s appointees are poised to give conservatives another long-sought reversal
▼ + stars: | 2024-01-17 | by ( Joan Biskupic | ) edition.cnn.com time to read: +8 min

Reversal of the so-called Chevron deference approach was a priority for the judicial selection team that served Trump – on par with some right-wing activists’ quest for reversal of constitutional abortion rights. The reconstituted Supreme Court delivered on that agenda item in 2022 when it overturned Roe v. Wade. Former White House counsel Don McGahn, who controlled Trump’s judicial selections, regularly touted the administration’s anti-regulation agenda. He was especially drawn to the first two Trump appointees, Neil Gorsuch and Brett Kavanaugh, for their records in that regard. In his written brief and during arguments, Martinez invoked an adage of Chief Justice Roberts from his 2005 confirmation hearings, that judges serve as umpires, just calling balls and strikes.

Persons: Donald Trump, who’ve, Roe, Wade, Don McGahn, Neil Gorsuch, Brett Kavanaugh, “, ” McGahn, McGahn, Anne Gorsuch, Reagan, Gorsuch, ”, “ I’ve, Trump, Mitch McConnell, Leonard Leo, Biden, Roberts, John Roberts, ” Roberts, Roman Martinez, Martinez, –, Magnuson, Elizabeth Prelogar, don’t, Prelogar, Elena Kagan, ” Kagan, there’s, ” Martinez, Paul Clement, Justice Roberts, Ketanji Brown Jackson, They’re, ” Kavanaugh, George W, Bush, ” Said Kavanaugh Organizations: CNN, Trump, White House, Chevron, Environmental Protection Agency, Republican, Federalist Society, Chevron USA, Inc, Natural Resources Defense, ”, “ Chevron, National Marine Fisheries Service, Stevens Conservation, Management, Congress Locations: lockstep, Chevron

☆ Supreme Court Justice Neil Gorsuch has a grudge against federal agencies. He holds their fate in his hands
▼ + stars: | 2024-01-17 | by ( Joan Biskupic | ) edition.cnn.com time to read: +12 min

Her memoir was, appropriately, entitled: “Are You Tough Enough?”Her son Neil Gorsuch, a Supreme Court justice since 2017, has shown his own brand of defiance and anti-regulatory fervor. In recent years, Justice Gorsuch has voted against regulations that protect the environment, student-debt forgiveness and Covid-19 precautions. He has led calls on the court for reversal of a 1984 Supreme Court decision that gives federal agencies considerable regulatory latitude and that, coincidentally traces to his mother’s tenure. The lawyers who will argue on behalf of the challengers are seasoned appellate advocates who once served as Supreme Court law clerks, as did Solicitor General Prelogar. That argument has prevailed in courts for decades, but the Supreme Court has signaled that it is ready for a new era.

Persons: Anne Gorsuch, Ronald Reagan White, Neil Gorsuch, Gorsuch, Chevron, Charles Koch, Trump, “, ”, ” Gorsuch, Elizabeth Prelogar, ” Neil Gorsuch, Ronald Reagan, –, Robert Burford, Anne Burford, Neil, John Paul Stevens, Thomas Merrill, Stevens, Merrill, Magnuson, Koch, Prelogar, Roman Martinez, ” Martinez, ” Paul Clement, ” Clement, ” Prelogar, Biden, Don McGahn, Anne Gorsuch Burford, McGahn, “ I’ve Organizations: CNN, Environmental Protection Agency, Congress, Ronald Reagan White House, Chevron USA, Inc, Natural Resources Defense Council, Chevron, Marine Fisheries Service, ”, Supreme, “, White House, Land Management, Columbia University, Conservative, National Marine Fisheries Service, Loper Bright Enterprises, Stevens Conservation, Management, “ Chevron, Trump Locations: Washington, Chevron, Colorado

☆ Supreme Court questions opioid liability protections for Sackler family
▼ + stars: | 2023-12-04 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +4 min

WASHINGTON — Members of the Supreme Court seemed conflicted on Monday over whether to allow the bankruptcy reorganization of opioid maker Purdue Pharma, which includes a provision that protects the Sackler family from liability from future lawsuits. During the oral argument, justices expressed skepticism that a bankruptcy court had legal authority to release the Sacklers from potential legal claims. No Sackler family member has had any involvement in the company since 2019. The company sought bankruptcy protection, but the Sackler family members did not. She added that it would be "an extraordinary thing" if the court allowed the family to "basically subvert" the bankruptcy process.

Persons: Sackler, Pharm, Biden, Neil Gorsuch, Brett Kavanaugh, Elena Kagan's, Kagan, Pratik Shah, Elizabeth Prelogar Organizations: WASHINGTON, Purdue Pharma, New York's Southern, Federal Court, Purdue Locations: New York's, White Plains

☆ US Supreme Court to scrutinize controversial opioid crisis settlement that would give Sackler family immunity
▼ + stars: | 2023-12-04 | by ( Samantha Delouya | ) edition.cnn.com time to read: +7 min

Barring individual victims from pursuing their own lawsuits against the Sackler family “raises serious constitutional questions,” the department argued. OxyContin’s commercial success helped the Sackler family earn billions of dollars and the family became known for philanthropy around the world. As the country’s opioid crisis worsened, attention shifted to the role played by Purdue Pharma and the Sackler family. Many of the suits allege that the Sackler family knew of OxyContin’s addictive properties but, nevertheless, continued to promote the drug. The Supreme Court hearing comes at a time of devastating losses due to drug overdoses in the US.

Persons: Los Angeles CNN —, Sackler, Mortimer, Raymond Sackler, “, George Frey, Elizabeth Prelogar, ” Anthony Casey, , –, Purdue Frederick, ” Lindsey Simon, ” Organizations: Los Angeles CNN, Purdue, New, US, US Justice Department, Purdue Pharma, Supreme, Knoa Pharma, Purdue Pharma L.P, Bloomberg, Sackler, ”, University of Chicago, school’s, Law, Finance, Guggenheim, Centers for Disease Control, “, Emory University Locations: New York, Purdue, Provo , Utah, U.S, United States, Paris

In Dobbs, the conservative justices said that a right to abortion was not explicit in constitutional text and was not deeply rooted in the history or traditions of this country. In withdrawing the longstanding right to abortion, the court relied on a history in which women were not considered full members of the polity to justify imposing on women today a crabbed vision of equal citizenship. In this regard, Rahimi is not only a sequel to Bruen, but also a sequel to Dobbs. The court may seem poised to uphold the law, but the conservative justices did not appear interested in revisiting the history-and-tradition test announced in Bruen. Only Justices Elena Kagan and Ketanji Brown Jackson appeared openly skeptical of the test.

Persons: Dobbs, Rahimi, Elizabeth Prelogar, Elena Kagan, Ketanji Brown Jackson, Justice Jackson, we’re Locations: Bruen

☆ Live updates: Supreme Court oral arguments on Second Amendment gun rights
▼ + stars: | 2023-11-07 | by ( Dan Berman | Devan Cole | ) edition.cnn.com time to read: +2 min

She asked Prelogar directly for “useful guidance” SCOTUS can give “about the methodology that Bruen requires be used and how that applies to cases even outside of this one?" Prelogar suggested three things the court can do. First, lower courts have “embraced the idea that the only thing that matters under Bruen is regulation. “And I think that comes very close to requiring us to have a dead ringer when Bruen itself said that's not necessary. The way constitutional interpretation usually precedes is to use history and regulation to identify principles, the enduring principles that define the scope of the Second Amendment right.

Persons: Elena Kagan, Prelogar, SCOTUS, ” Prelogar, Bruen, that's, ” Locations: “

☆ Supreme Court revisits the Second Amendment in the wake of the latest mass shooting
▼ + stars: | 2023-11-07 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +10 min

The Supreme Court is considering a section of federal law that bars an individual subject to a domestic violence restraining order from possessing a firearm. But then the Supreme Court issued its Second Amendment decision in Bruen. The 6-3 Bruen decision broke along familiar conservative-liberal ideological lines. But Justice Brett Kavanaugh, joined by Chief Justice John Roberts, wrote separately to stress that the Second Amendment right is not unlimited. The Second Amendment is “neither a regulatory straitjacket nor a regulatory blank check,” Kavanaugh said.

Persons: Clarence Thomas, Joe Biden’s, “ Rahimi, ”, Andrew M, “, Roger Benitez, Zackey Rahimi, Rahimi, ” Biden, Biden, Elizabeth Prelogar, Matthew Wright, Wright, ” Wright, Brett Kavanaugh, John Roberts, ” Kavanaugh, Amy Coney Barrett, ” Barrett, Barrett, Kavanaugh, ” Willinger, Hunter Biden, Hunter, That’s, Bruen, Patrick Daniels, Daniels, ” Hunter, Abbe Lowell Organizations: CNN, New York, Duke University School of Law, Circuit, Gun Safety, Chief, 5th Circuit Locations: New, California, Texas, Bruen, United States, North Texas, Wisconsin, Rahimi, USA, Delaware

☆ Takeaways from the Supreme Court oral arguments on the Second Amendment and domestic violence
▼ + stars: | 2023-11-07 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +8 min

CNN —The Supreme Court seemed poised Tuesday after oral arguments to rule in favor of a federal law that bars individuals subject to certain domestic violence restraining orders from possessing firearms. Barrett noted that domestic violence is “dangerous.” But looking to the next case she asked about “more marginal cases” that might not offend the constitution. Thomas referred to the “thin record” in the case and wondered about the fact that the domestic violence allegations had been made in a civil – not a criminal – proceeding. Due process was central to a friend of the court brief filed by the NRA in the case. “I’m just trying to understand how the Bruen test works in a situation in which there is at least some evidence that domestic violence was not considered to be subject to the kinds of regulation that it is today,” she said.

Persons: Elizabeth Prelogar, ”, John Roberts, Zackey Rahimi, Prelogar, Clarence Thomas, Thomas, ” Roberts, Roberts, –, “, Amy Coney Barrett Long, Amy Coney Barrett, Barrett, ” Barrett, Alito, Rahimi, Samuel Alito, J, Matthew Wright —, Neil Gorsuch, hadn’t, Ketanji Brown Jackson, “ I’m, Jackson, White, Elena Kagan, ” Kagan Organizations: CNN, New York, Inc, ACLU, National Rifle Association, NRA Locations: Maine, Wisconsin, Bruen

☆ The nonstop sparring match between Justice Samuel Alito and Solicitor General Elizabeth Prelogar
▼ + stars: | 2023-11-06 | by ( Joan Biskupic | ) edition.cnn.com time to read: +16 min

CNN —Justice Samuel Alito is the tip of the spear for conservatives challenging the Biden administration during oral arguments at the Supreme Court. Solicitor General Elizabeth Prelogar is the Biden administration’s top lawyer at the court, defending the policies that are the source of much of Alito’s consternation. “I think our best example historically is the Customs Service,” Prelogar responded. The Biden administration was backing admissions practices that considered students’ race as a factor in admissions to achieve campus diversity. “No, Justice Alito,” Prelogar said.

Persons: Samuel Alito, Biden, He’s, Elizabeth Prelogar, Alito, Prelogar, Ronald Reagan, George H.W, Bush, George W, Sandra Day O’Connor, ” Prelogar, Ruth Bader Ginsburg, Elena Kagan, Robert Mueller, Joe Biden, –, ” Alito, “, ”, John Roberts, Roberts, I’m, It’s, ” Alito interjected, ’ Jeffrey Wall, Trump, …, Wall, We’re, Justice Alito, Juliet, Friar Laurence, Brett Kavanaugh, Ketanji Brown Jackson, Friar, Taylor Swift, Friar Lawrence, “ I’m Organizations: CNN, Supreme, Princeton, Yale Law School, Department of Justice, Emory University, Harvard Law School, Miss, ahs, Senate, Republicans, Democrats, Consumer Financial, Federal Reserve System, Customs Service, Biden, FDA, OSHA, Occupational Safety, Health Administration, Harvard, University of North, America, United States, Fair, Shakespeare Theatre Company, Verona Locations: Trenton , New Jersey, New Jersey, Boise , Idaho, Miss Idaho, University of North Carolina, America, ”, Verona, Washington

☆ Supreme Court to consider whether ‘Trump Too Small’ can be trademarked without ex-president’s permission
▼ + stars: | 2023-11-01 | by ( Devan Cole | ) edition.cnn.com time to read: +7 min

CNN —A political activist’s desire to register a suggestive phrase targeting Donald Trump’s anatomy and policies is at the center of a Supreme Court case being heard Wednesday that will test the limits of the First Amendment. Elster appealed to the USPTO’s Trademark Trial and Appeal Board, which ultimately refused registration. A federal appeals court, however, later held that the refusal violated Elster’s First Amendment rights. Trump did not weigh in on the case in a friend-of-the-court brief. In two recent cases, the court bolstered First Amendment protections when it declined to back decisions by the USPTO to deny trademark registrations based on other parts of the Lanham Act.

Persons: Donald Trump’s, Trump, “, ’, Steve Elster, –, pare, ”, Maya Tarr, Florida GOP Sen, Marco Rubio, ” Trump, “ Donald Trump, Elster, “ Trump, Elizabeth Prelogar, Vidal, ., Simon Tam Organizations: CNN, “ Trump, Florida GOP, Republican, America, USPTO, Justice Department, Department, “, DOJ Locations: United States, Elster’s, New York, Trump, Elster, “, American

☆ 'Trump Too Small' T-Shirt Slogan Turns Into US Supreme Court Battle
▼ + stars: | 2023-10-27 | by ( Oct. | At A.M. | ) www.usnews.com time to read: +5 min

The Supreme Court in recent years has struck down two trademark laws based on free speech concerns. Elster applied for the "Trump Too Small" trademark to use on T-shirts, inspired by an exchange between Trump and U.S. Rubio responded at a campaign rally in Virginia that his rival had disproportionately small hands. Are they small hands?" Ernst also said the law at issue does not further the overarching trademark law goal of preventing marketplace confusion.

Persons: Blake Brittain WASHINGTON, Trump, Donald Trump, Steve Elster's, Joe Biden's, Elster, Erik Brunetti, Marco Rubio, denigrate Rubio, Marco, " Rubio, Donald Trump's, Elizabeth Prelogar, Biden, Obama, Kate, Jonathan Moskin, Foley, Lardner, Moskin, Jack Daniel's, Joe, Hillary, Samuel Ernst, Ernst, Blake Brittain, Will Dunham Organizations: Supreme, U.S . Patent, Trump, U.S, Appeals, Federal Circuit, TRUMP, International Trademark Association, Golden Gate University School of Law Locations: California, U.S, Virginia, America, Washington

The Supreme Court in recent years has struck down two trademark laws based on free speech concerns. Elster applied for the "Trump Too Small" trademark to use on T-shirts, inspired by an exchange between Trump and U.S. Elster told the Supreme Court that his trademark uses a double meaning to criticize Trump while expressing his views about "the smallness of Donald Trump's overall approach to governing." Ernst also said the law at issue does not further the overarching trademark law goal of preventing marketplace confusion. "Nobody would be confused into believing that Donald Trump is selling T-shirts accusing him of being too small," Ernst said.

Persons: Marco Rubio, Donald Trump, Jim Young, Foley, Lardner, Trump, Steve Elster's, Joe Biden's, Elster, Erik Brunetti, denigrate Rubio, Marco, " Rubio, Donald Trump's, Elizabeth Prelogar, Biden, Obama, Kate, Jonathan Moskin, Moskin, Jack Daniel's, Joe, Hillary, Samuel Ernst, Ernst, Blake Brittain, Will Dunham Organizations: Republican U.S, U.S, Republican, REUTERS, WASHINGTON, Supreme, U.S . Patent, Trump, Appeals, Federal Circuit, TRUMP, International Trademark Association, Golden Gate University School of Law, Thomson Locations: Detroit , Michigan, California, U.S, Virginia, America, Washington

☆ Supreme Court blocks restrictions on Biden administration efforts to remove contentious social media posts
▼ + stars: | 2023-10-20 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +4 min

WASHINGTON — The Supreme Court on Friday blocked in full a lower court ruling that would have curbed the Biden administration's ability to communicate with social media companies about contentious content on such issues as Covid-19. Donald Trump was president at the time, but the district court ruling focused on actions taken by the government after President Joe Biden took office in January 2021. But the appeals court still required the White House, the FBI and top health officials not to "coerce or significantly encourage" social media companies to remove content the Biden administration considers misinformation. The administration turned to the Supreme Court hoping to freeze Doughty's ruling in full. The district court ruling was on hold while the Supreme Court decided what steps to take.

Persons: WASHINGTON —, Samuel Alito, Clarence Thomas, Neil Gorsuch, Alito, Jim Hoft, Donald Trump, Joe Biden, Terry Doughty, Biden, White, Karine Jean, Pierre, Vivek Murthy, Elizabeth Prelogar, Prelogar Organizations: Biden, U.S, Trump, Circuit, FBI, Supreme Locations: Louisiana, Missouri

☆ Justice Gorsuch on the Spending Power
▼ + stars: | 2023-10-05 | by ( The Editorial Board | ) www.wsj.com time to read: 1 min

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Persons: Dow Jones, prelogar

The CFPB's funding design draws money each year from the Federal Reserve instead of from budgets passed by lawmakers. Challengers to the CFPB - trade groups representing the high-interest payday loan industry - argued that the agency's funding structure violates a constitutional provision giving Congress the power of the purse. The Supreme Court's 6-3 conservative majority has rolled back the power of federal agencies including the Environmental Protection Agency in important rulings in recent years. The court's three liberal justices pressed the challengers on the repercussions of deeming the CFPB's funding structure unconstitutional. Circuit Court of Appeals, which last October ruled that the CFPB's funding structure violated the Appropriations Clause.

Persons: Clarence Thomas, Samuel Alito, Kevin Wurm, Joe Biden's, Elizabeth Prelogar, Biden, Elena Kagan, Barack Obama, Wells, John Kruzel, Will Dunham Organizations: U.S, Supreme, REUTERS, Companies Wells, Co, Consumer Financial Protection Bureau, Federal, Environmental Protection Agency, Conservative, Federal Reserve, Democratic, New, Circuit, Appeals, Republican, Thomson Locations: Washington , U.S, WASHINGTON, New Orleans

WASHINGTON (AP) — The Supreme Court on Tuesday seemed likely to preserve the work of the Consumer Financial Protection Bureau against a conservative-led challenge. But a majority of the court appeared ready to reject the sweeping arguments made by the lawyer for payday lenders whose challenge to a CFPB rule spawned the Supreme Court case. Unlike most federal agencies, the consumer bureau does not rely on the annual budget process in Congress. “This is a perpetual delegation to pick your own number,” said Francisco, who served as the Trump administration's top Supreme Court lawyer. Three years ago, the court decided another CFPB case, ruling that Congress had improperly insulated the head of the bureau from removal.

Persons: Democratic Sen, Elizabeth Warren of, Noel Francisco, ”, Francisco, Brett Kavanaugh, Elena Kagan, Samuel Alito, Elizabeth Prelogar, Biden Organizations: WASHINGTON, Consumer Financial, Democratic, Republicans, Federal, Trump administration's, ”, U.S . Chamber of Commerce Locations: Elizabeth Warren of Massachusetts, New Orleans, U.S

On the heels of that decision, a federal appeals court invalidated a federal law that bars an individual who is subject to a domestic violence restraining order from possessing a firearm. A three-judge district court panel struck down the plan in January, saying that race had been the predominant motivating factor. Three years ago, the Supreme Court limited the independence of the CFPB by invalidating its leadership structure. The court’s decision could impact whether the SEC and other agencies can conduct enforcement proceedings in-house, using administrative courts staffed with agency employees, or whether such actions must be brought in federal court. “It’s difficult to think of any other recent First Amendment cases in which the stakes were so high,” Jaffer added.

Persons: Clarence Thomas, ”, Biden, Zackey Rahimi, John Roberts, Taiwan Scott, Thomas, Elizabeth Prelogar, Magnuson, Paul Clement, ” Clement, “, pare, George Jarkesy, Sackler, ” Prelogar, Jameel Jaffer, Jaffer Organizations: CNN, Gun Safety, South Carolina’s Republican, South Carolina State Conference of, NAACP, Democrat, Republican, National Marine Fisheries Service, Chevron, Natural Resources Defense, Stevens Fishery Conservation, Management, Independent, Consumer Financial, Federal Reserve, US, Federal Deposit Insurance Corporation, Securities, Exchange, US Securities and Exchange Commission, SEC, Social Security Administration, Circuit, Historic Purdue Pharma, Purdue Pharma, Sackler, Purdue, Facebook, YouTube, Columbia University’s Locations: United States, South Carolina, Alabama, Taiwan, Charleston County, Chevron, Florida, Texas

☆ West Point is the target of a new lawsuit over affirmative action which says the school values 'skin color' over a soldier's 'loyalty'
▼ + stars: | 2023-09-19 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +4 min

Students for Fair Admissions filed a lawsuit against West Point on Tuesday. "For most of its history, West Point has evaluated cadets based on merit and achievement," the lawsuit said. AdvertisementAdvertisement"Over the past few decades, however, West Point has strayed from that approach," the lawsuit added. Students for Fair Admissions argued that the issues those leaders referenced have "not existed for the past half century." "Put differently, it assumes that soldiers apply the same racial stereotypes to one another that West Point applies to them."

Persons: —, John Roberts, it's, Elizabeth Prelogar, I've Organizations: Fair, West, Service, United States Military Academy, Court Southern District of, U.S . Military Academy, Yale, Ivy League, United States Locations: Wall, Silicon, Court Southern District of New York, Vietnam

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