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☆ How the Supreme Court Case on Purdue Pharma and the Sackler Family Could Change Bankruptcy Law - The New York Times
▼ + stars: | 2024-06-04 | by ( Melissa B. Jacoby | ) www.nytimes.com time to read: +1 min

Update: On Thursday the Supreme Court ruled 5 to 4 that the federal bankruptcy code does not shield members of the Sackler family from liability for civil claims stemming from the opioid crisis. The United States Supreme Court is now considering whether the bankruptcy system should have given this wealthy family a permanent shield against civil liability. But there is a bigger question at stake, too: Why is a company with no lenders turning to the federal bankruptcy system in response to accusations of harm and misconduct? The maker of OxyContin is one in a long line of companies that have turned Chapter 11 into a legal Swiss Army knife, tackling problems that are a mismatch for its rules. But Chapter 11 was designed around the goal of helping financially distressed businesses restructure loans and other contract obligations.

Persons: Sackler, Brett Kavanaugh Organizations: Purdue Pharma, United States, Swiss Army Locations: Swiss

☆ 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

☆ Michael Avenatti: Supreme Court turns away appeal of disgraced attorney’s extortion conviction
▼ + stars: | 2024-05-28 | by ( John Fritze | ) edition.cnn.com time to read: +2 min

CNN —The Supreme Court on Tuesday declined an appeal from disgraced attorney Michael Avenatti, who argued that his extortion conviction was based on a vague anti-corruption law that shouldn’t apply to lawyers making settlement demands. On his broad point, at least, Avenatti’s argument has picked up some support from members of the Supreme Court’s conservative wing. Avenatti cited the Gorsuch opinion in his appeal and argued that the Supreme Court should invalidate the law. The Biden administration countered that Avenatti’s conduct was well within the plain meaning of the prohibition – in other words, not a fringe case – and that his appeal was foreclosed by earlier Supreme Court precedent. The New York-based 2nd US Circuit Court of Appeals declined to overturn Avenatti’s conviction last year.

Persons: Michael Avenatti, Stormy Daniels, Avenatti, it’s, Neil Gorsuch, ” Gorsuch, Clarence Thomas, Biden, shouldn’t, Avenatti’s, Brett Kavanaugh Organizations: CNN, Nike, Conservative Locations: New York

☆ Opinion | Ted Cruz Has Some Strong Opinions About College Sports
▼ + stars: | 2024-05-28 | by ( Jane Coaston | ) www.nytimes.com time to read: +2 min

College sports bring in billions of dollars in revenue every year, but until very recently virtually none of it went to athletes. v. Alston that student athletes should be able to profit from their names, images or likenesses, known as NIL. That settlement, which is not yet finalized, will likely change college sports, but many questions about the details of that future remain unclear. Senator Ted Cruz, the Texas Republican, has been trying to help create a solution for college sports. I spoke with him about why he believes preserving competitiveness in college sports is a job for the federal government.

Persons: Alston, Brett Kavanaugh, Ted Cruz, ” Organizations: Texas Republican Locations: N.C.A.A, America

☆ Supreme Court declines to decide whether 12-person juries should be required for state felony cases
▼ + stars: | 2024-05-28 | by ( John Fritze | ) edition.cnn.com time to read: +2 min

CNN —The Supreme Court declined Tuesday to hear a number of cases questioning whether state court juries must have a dozen members when they are weighing serious criminal charges. A series of appeals challenging Florida’s use of six-member juries has been pending at the Supreme Court for months. Six states — Arizona, Connecticut, Florida, Indiana, Massachusetts and Utah — allow six- or eight-member juries to decide felony cases. Justice Neil Gorsuch wrote a dissent from the decision to deny the cases. The Supreme Court declined a similar appeal in 2022 from Arizona.

Persons: Neil Gorsuch, ” Gorsuch, “, ”, Ramos, Jim Crow, — Gorsuch, Brett Kavanaugh —, Gorsuch Organizations: CNN, Supreme, Court Locations: Arizona , Connecticut, Florida , Indiana , Massachusetts, Utah, Florida, ” Florida, . Louisiana, Louisiana, Oregon, Arizona

☆ 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

☆ How Trump’s first term may have laid the groundwork to make his radical immigration agenda a reality
▼ + stars: | 2024-05-19 | by ( Phil Mattingly | ) edition.cnn.com time to read: +17 min

Trump’s advisers don’t see their agenda as aspirational political messaging. “Think about the first term, but on steroids,” a former senior Trump administration official who is working outside the campaign to draft immigration policy options for a second term. In closed-door fundraisers, Biden has also called attention to the radical nature of Trump’s immigration proposals – something his 2020 campaign used to its advantage. It shouldn’t.”The dramatic scale of Trump’s immigration agenda would have a sweeping effect across the US, Schulte said – one that shouldn’t get lost in debates over his rhetoric. Once viewed as radical and relegated to the fringes of the GOP, Trump’s immigration agenda is now an animating force for most, if not all, Republicans on Capitol Hill.

Persons: Donald Trump, Trump, don’t, ”, “, Todd Schulte, Joe Biden, Stephen Miller, ” Miller, Sebastian Gorka, Trump’s, Miller, ” Trump, Eisenhower, Clinton, Karoline Leavitt, Leavitt, Biden Biden, Biden, Biden’s, would’ve, ” There’s, SSRS, ” Biden, that’s, ” Schulte, Schulte, –, shouldn’t, “ He’s, Steve Vladeck, “ That’s, Neil Gorsuch, – Brett Kavanaugh, Amy Coney Barrett –, Vladeck Organizations: CNN, Republican, Supreme, National Guard, Trump, Democratic, Trump White House, Refugee, US Navy, Pentagon, White, Border Patrol, Department, Office, Senate Democratic, Democrats, Gallup, Biden, ” Trump, GOP, Republicans, Capitol, CNN Supreme, University of Texas Locations: United States, Panama, Mexico, torpedoing, California, America, Michigan, Ohio

☆ The US did a complete 180 on same-sex marriage
▼ + stars: | 2024-05-17 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +8 min

The vast majority of Americans opposed same-sex marriage on May 17, 2004, when the first same-sex couples took their vows after a court decision in Massachusetts. Barack Obama notably opposed same-sex marriage when he ran for president as a Democrat in the 2008 election and, as public opinion was rapidly shifting, changed his tune in 2012 to support same-sex unions. Warnings were unfoundedThere is also evidence that warnings about same-sex marriage somehow endangering “traditional marriage” simply never materialized. A new study by researchers for the RAND Corporation to assess two decades of same-sex marriage in the US argues marriage rates actually increased among opposite-sex couples as same-sex couples were granted the ability to marry in certain states. A key difference between support for same-sex marriage and support for abortion rights, according to Lundry, is that support for abortion rights has remained positive for decades, in contrast to same-sex marriage, which saw a complete turnaround.

Persons: CNN —, Mitt Romney, George W, Bush, Hillary, Julie Goodridge, Charles Krupa, Sen, John Kerry, Hodges, Barack Obama, Obama, Romney, Anthony Kennedy, Ruth Bader Ginsburg, Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas, Samuel Alito, weren’t, ” Romney, Obergefell, —, PRRI, Alex Lundry, Republican pollster, “, ” Lundry, Gen, Dick Cheney, Joe Biden Organizations: CNN, Republican, House, Boston City Hall, Massachusetts Democrat, Democrat, Supreme, Gallup, RAND Corporation Locations: Massachusetts, Utah, Oregon, Ohio, Without Ohio, America

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 ,

☆ Election Updates: Barron Trump will be a delegate at the Republican Convention.
▼ + stars: | 2024-05-09 | by ( Michael Gold | ) www.nytimes.com time to read: +6 min

“I worry about fundamental freedoms across the board.”Asked what specific legal precedents could be undone by the court, Ms. Harris demurred, saying she was “hesitant” to do so. Image At a campaign event in Elkins Park, Pa., on Wednesday, Ms. Harris cast abortion rights as an issue of personal freedom. She said she judged Mr. Trump based on his conduct, adding that she had never met him personally. “I think they might do that,” Mr. Trump said of states’ monitoring of women’s pregnancies in an interview with Time magazine last month. Ms. Harris said she was not worried that such efforts could help Mr. Trump win support from voters who support abortion rights.

Persons: Kamala Harris, Biden’s, Clarence Thomas, ”, Harris, “, Harris demurred, Harris’s, Biden, Donald J, Trump, John Roberts, Roe, Wade, Thomas’s, Thomas, Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch, Mr, Kavanaugh, Justin T, Sheryl Lee Ralph, “ It’s Organizations: The New York Times, Mr, Trump, Time, “ Abbott, Biden, United Locations: “, San Francisco, Pennsylvania, California, Elkins Park, Pa, Washington, United States

☆ Federal judge blasts threat by Alabama to prosecute groups aiding out-of-state abortions
▼ + stars: | 2024-05-07 | by ( John Fritze | ) edition.cnn.com time to read: +4 min

The suits were brought not by women seeking an out-of-state abortion but rather by groups that intend to help them. Collectively, he wrote, the groups receive as many as 95 inquiries each week asking about the availability of out-of-state abortions. Even before the Supreme Court overturned Roe in 2022, abortion rights groups warned that some states might attempt to limit out-of-state travel for the procedure. “This is the world Dobbs created – one of intense interstate conflict.”The Supreme Court’s majority opinion in Dobbs didn’t deal with out-of-state travel. “For example, may a state bar a resident of that State from traveling to another state to obtain an abortion?

Persons: Roe, Wade, Steve Marshall, Myron Thompson, ” Thompson, Thompson, Jimmy Carter, ” Thomson, ”, Marshall, “, Temple University Beasley School of Law Dean Rachel Rebouché, Dobbs, Brett Kavanaugh, ” Kavanaugh, Alison Mollman Organizations: CNN, Republican, Fund, Alabama, Jackson, Health Organization, Temple University Beasley School of Law, and Drug Administration, American Civil Liberties Union Locations: Alabama, California, Dobbs v, United States . Alabama

☆ A 15-year-old law review by Brett Kavanaugh offers a clue at how the Supreme Court Justice could rule in Trump's immunity case
▼ + stars: | 2024-04-29 | by ( Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +6 min

Many in the political world are waiting with bated breath as the Supreme Court considers arguments over whether Donald Trump is immune from criminal prosecution for his behavior while in office. Depending on how the high court rules, some of Trump's most serious legal troubles could melt away instantly. But one clue, hidden in a 2009 legal review written by Trump-appointed Justice Brett Kavanaugh, could indicate how the conservative judge may decide in this case. One might contend that the country needs a check against a bad-behaving or law-breaking president, Kavanaugh acknowledges, but "the Constitution already provides that check." AdvertisementRepresentatives for the Supreme Court did not immediately respond to a request for comment from Business Insider.

Persons: Donald Trump, Trump, Brett Kavanaugh, Kavanaugh, didn't, Jonathan Entin, Ruth Bader Ginsburg, Entin, SCOTUS Organizations: Service, Republican, US, Case Western Reserve University, Supreme, DC Circuit, Department of Justice, Democratic, Trump, Business Locations: Minnesota

☆ 4 Takeaways From the Supreme Court Hearing on Trump’s Immunity Claim
▼ + stars: | 2024-04-25 | by ( Charlie Savage | Alan Feuer | ) www.nytimes.com time to read: +1 min

The Supreme Court heard arguments on Thursday about Donald J. Trump’s claim that the federal charges accusing him of plotting to overturn the 2020 election must be thrown out because he is immune from being prosecuted for any official act he took as president. Several justices seemed to want to define some level of official act as immune. Although Mr. Trump’s claim of near-absolute immunity was seen as a long shot intended primarily to slow the proceedings, several members of the Republican-appointed majority seemed to indicate that some immunity was needed. Some of them expressed worry about the long-term consequences of leaving future former presidents open to prosecution for their official actions. Chief Justice John G. Roberts Jr. criticized an appeals court ruling rejecting immunity for Mr. Trump, saying he was concerned that it “did not get into a focused consideration of what acts we are talking about or what documents are talking about.”

Persons: Donald J, Trump’s, Brett Kavanaugh, John G, Roberts Jr, Trump, “, ” Organizations: Republican

☆ Supreme Court might not give Trump sweeping immunity — but it's likely to give him the one victory he wants
▼ + stars: | 2024-04-25 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +7 min

But a majority of Supreme Court justices appear ready to hand the former president an immediate victory. Still, the Supreme Court justices do not appear likely to dismiss the former president's claims quickly, raising the likelihood that Trump may not face trial for trying to overturn the 2020 election before November. He drew his arguments from an earlier Supreme Court case that mapped the line for presidential immunity in civil matters. The Supreme Court weighs Trump's immunity claim. It is possible that the Supreme Court could rule that a more detailed review of Trump's conduct is best left to a lower court.

Persons: Donald Trump, —, Trump, Jack Smith, Trump's, you've, Brett Kavanaugh, Sauer, Kavanaugh, Tanya Chutkan, Smith, Joe Biden, it's, John Sauer, Jabin, Samuel Alito, Alito, Amy Coney Barrett, Barrett, Michael Dreeben, Dreeben, Ketanji Brown Jackson, Jackson, John Roberts, Jackon, Justice Alito, Roe, Wade, Anthony Kennedy's, Hodges, Neil Gorsuch Organizations: Service, Trump, Washington, Getty Locations: DC, Dobbs v, Obergefell

☆ Takeaways from the Supreme Court’s oral arguments over emergency abortions
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | John Fritze | ) edition.cnn.com time to read: +10 min

The court’s far-right wing, perhaps in an attempt to keep those two justices on their side, framed the case as a federal overreach into state power. Turner, Idaho’s attorney, shot back that mental health could essentially open a loophole. Conservatives have long opposed allowing exceptions to strict abortion bans for mental health. Justice Samuel Alito, a fellow conservative, picked up on that same theme, repeatedly pressing Prelogar to explain whether the Justice Department views mental health as a way around Idaho’s abortion ban. That is exactly the kind of political influence that the Supreme Court, especially under Roberts, has generally tried to avoid.

Persons: Biden, Elizabeth Prelogar, Roe, Wade, Brett Kavanaugh, John Roberts, Amy Coney Barrett, Prelogar, ” Prelogar, “, Roberts, Barrett –, Barrett, teed, Joshua Turner, Sonia Sotomayor, Turner, Elena Kagan, ’, Alito, CNN Sotomayor, ”, Clarence Thomas, EMTALA, Neil Gorsuch, ‘, Samuel Alito, ” Alito, –, Joe Biden, Donald Trump, Trump, – Gorsuch, Kavanaugh Organizations: CNN, Justice, Labor, Liberal, Republican, Supreme, Department, Wade, Idaho, energizing Democratic, Food and Drug Administration, GOP Locations: Idaho, Wisconsin

☆ Your questions about Trump’s immunity claim at the Supreme Court, answered
▼ + stars: | 2024-04-24 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +14 min

The US Supreme Court, after refusing to hear the claim on an expedited basis, took up the case after a lower court tore Trump’s immunity claim to shreds. We asked for your questions about the immunity claim, some of which I’ve tried to answer below with help from CNN’s reporting and Supreme Court reporters. When Smith asked justices to expedite the case and consider Trump’s immunity claim before an appeals court, they declined. If Trump’s immunity claim is upheld by the Supreme Court, what can anybody or any government body do to challenge the decision? MichaelThe Supreme Court is the final word on legal matters, so there is no higher authority to overrule its decision.

Persons: Donald Trump, Trump, I’ve, Chris, CNN’s, Joan Biskupic, Jack Smith, Donald Trump’s, Biden, Here’s, Thomas, Jan, Greg, Clarence Thomas, John Eastman, Gilbert None, Trump – Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett –, he’ll, Randall, Smith, it’s, Shouldn’t, Gore, John, Devan Cole, ” Cole, Cole, Juan Here’s Biskupic’s, Nixon, Fitzgerald, Richard Nixon, ”, It’s, acquit, ’, Curt Trump’s, George Washington’s, Nixon’s, Gerald Ford, Ford, Michael, Charles, SCOTUS, Sheryl, Massachusetts Nobody, convicting, Joe, Johnson Organizations: CNN, US, Trump, DC, DC Circuit, Supreme, Iowa Trump, White, House, Department Locations: Iowa, Arizona, Bush, California, Colorado, Brady, United States, New Jersey, New York, Georgia, The, York, Washington , DC, Massachusetts, Mississippi

☆ Donald Trump again is trying to bend the Supreme Court to his will
▼ + stars: | 2024-04-24 | by ( Joan Biskupic | ) edition.cnn.com time to read: +11 min

CNN —When he was president, Donald Trump tried to make the Supreme Court his own. In a video earlier this month, Trump announced his campaign position on abortion, including his personal thanks – one-by-one – to the Supreme Court justices who had voted against the 1973 Roe v. Wade milestone. Lower court judges ruled against Trump, saying whatever immunity he might have enjoyed as president ended when he left office. Beyond the substance of cases, Roberts and Trump clashed memorably when Trump in 2018 disparaged a US trial judge in partisan terms. At the Supreme Court, lawyer John Sauer will represent Trump, as he did before the DC Circuit.

Persons: Donald Trump, Roe, Wade, Trump, Jack Smith, Joe Biden, “, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, –, ’, Clarence Thomas, Virginia “ Ginni ” Thomas, Thomas, ”, ” Smith, Nixon’s, Ford’s, ” Trump, Juan Merchan, John Roberts, Roberts, Vance, Smith, Obama, it’s, ” Roberts, Bush, Clinton, Madison, Richard Nixon, Nixon, Fitzgerald, Marbury, John Sauer, Trump’s, Michael Dreeben, Dreeben Organizations: CNN, Supreme, Trump, Social, Democratic, DOJ, US Justice Department, Jackson, Health Organization, recusal, DC US, Trump rejoined, Madison, DC Circuit, Department of Justice Locations: America, Dobbs v, Washington, New York, Colorado, Florida, United States, Manhattan, Marbury, Marbury v, Fitzgerald, “

☆ Solicitor General Elizabeth Prelogar again in the spotlight fighting the conservative Supreme Court on abortion
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | ) edition.cnn.com time to read: +8 min

CNN —For the fourth time since she became the federal government’s top Supreme Court advocate, Solicitor General Elizabeth Prelogar is arguing an abortion-related case. When Prelogar argues before the Supreme Court, she is arguing in front of several alumni of the US Office of the Solicitor General. She also clerked for her current boss, Attorney General Merrick Garland, when he was a DC Circuit judge, before her Supreme Court clerkships. She went on to litigate Supreme Court cases for private firms and worked on special counsel Robert Mueller’s investigation. Likewise, the abortion case Prelogar argued last month could have significant consequences for federal power.

Persons: Elizabeth Prelogar, Prelogar, Department’s, Biden, ”, Stephanie Toti, she’s, Ruth Bader Ginsburg, Elena Kagan, Kagan, Obama, John Roberts, George H.W, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Roe, ” Prelogar, General Merrick Garland, Robert Mueller’s, Beth Brinkmann, Clinton, Brinkmann, Prelogar’s, Court’s Roe, Wade, –, Roberts, Gorsuch, Amy Coney Barrett, ” Toti, “ That’s Organizations: CNN, Miss Idaho, NPR, Emory University, Harvard Law School, DC Circuit, litigate, The Justice Department, Idaho, Labor, Center for Reproductive Rights, Food and Drug Administration, Justice Department, Republican Locations: Bush, Texas, ” An Idaho, Idaho

☆ Trump’s immunity case is another reminder that all roads now lead to the Supreme Court
▼ + stars: | 2024-04-22 | by ( Ronald Brownstein | ) edition.cnn.com time to read: +17 min

CNN —The Supreme Court’s hearing Thursday on former President Donald Trump’s immunity claim will underline a historic power shift. Trump’s relationship has been complex with the court’s conservative majority – despite his instrumental role in establishing it. In sharp contrast, the court’s conservative majority has exerted its influence year after year, without interruption. “There is just much more intense vetting of Supreme Court justices,” said Pierson. “You can tell by the results of the court decisions over the past several years that it is fundamentally different.

Persons: Donald Trump’s, “, ”, Jeff Shesol, Franklin D, John Roberts, Amy Coney Barrett, Ruth Bader Ginsburg, Paul Pierson, –, Barack Obama’s, Roberts, Joe Biden, Trump, they’ve, Michael McConnell, Jack Smith, Gore, outvoted, George W, Bush, MAGA, Michael Waldman, ” Waldman, Bill Clinton, Richard Nixon, Nixon, Waldman, ” McConnell, McConnell, Sandra Day O’Connor, Anthony Kennedy, Ronald Reagan, David Souter, George H.W, Pierson, Obama, Brett Kavanaugh, Barrett, Cecilia Munoz, Biden, “ It’s, Samuel Alito, Clarence Thomas, Clinton, ” Shesol, FDR, Shesol Organizations: CNN, White House, GOP, Republican Party, Trump, Republicans, University of California, Democratic, House, White, Constitutional, Center, Stanford University Law School, Brennan Center for Justice, New York University School of Law, Senate, Republican, Federalist Society, Alabama, Electoral, Citizens, Constitutional Law Center, New, Great Society Locations: Berkeley, Manhattan, Florida, “, George H.W . Bush, Shelby County

☆ Supreme Court will take up the legal fight over ghost guns, firearms without serial numbers
▼ + stars: | 2024-04-22 | by ( ) www.cnbc.com time to read: +2 min

Illegal and ghost guns on display at the Attorney General Letitia James offices in Manhattan on March 15, 2023. The justices by a 5-4 vote had previously intervened to keep the regulation in effect during the legal fight. Ghost guns, which lack serial numbers, have been turning up at crime scenes with increasing regularity. The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers. The Supreme Court allowed the regulation to remain in effect while the lawsuit continues.

Persons: Letitia James, Luiz C . Ribeiro, District Judge Reed O'Connor, O'Connor, Donald Trump, O'Connor's, John Roberts, Amy Coney Barrett, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, Barrett, Gorsuch, Kavanaugh Organizations: New York Daily News, Tribune, Service, Getty, Biden, Justice, U.S, District, Alcohol, Tobacco, Firearms, Explosives, Circuit, Appeals, Trump Locations: Manhattan, New, Fort Worth , Texas

The Supreme Court's conservative majority appeared skeptical of a charge federal prosecutors have lodged against hundreds of people who attacked the US Capitol on January 6, 2021. While the court’s three-justice liberal wing signaled support for the charge, the conservative majority raised a series of skeptical questions about its potential scope and whether it would criminalize other conduct, such as protests. The charge can tack up to 20 years onto a prison sentence. Joseph Fischer, a former Pennsylvania police officer and January 6 defendant who brought the case to the Supreme Court, argued that the law at issue, created in response to the Enron scandal in 2001, was intended to stop witness tampering, not riots. During more than an hour and a half of arguments, Chief Justice John Roberts and Justices Brett Kavanaugh, Neil Gorsuch and Samuel Alito were among those who appeared to take issue with the government’s reading of the law.

Persons: ”, Joseph Fischer, John Roberts, Brett Kavanaugh, Neil Gorsuch, Samuel Alito Organizations: Capitol, Enron Locations: Pennsylvania

The high court’s ruling could also affect the federal election subversion criminal case pending against former President Donald Trump, who was also charged with the obstruction crime. The law, Justice Elena Kagan said, could have been written by Congress to limit its prohibition to evidence tampering. Unless the court rules broadly in a way that undermines the charge entirely, the case against Trump may still stick even if Fischer wins his case. The Fischer case has prompted some liberal critics of the court to demand that Thomas recuse himself. “There have been many violent protests that have interfered with proceedings,” Thomas asked Prelogar, pressing on a theme he returned to repeatedly during the arguments.

Persons: Critics, ”, Donald Trump, Joseph Fischer, Trump, “, Fischer, Brett Kavanaugh, Elizabeth Prelogar, John Roberts, ’ ” Roberts, it’s, Prelogar, Kavanaugh, ‘, ” Prelogar, Neil Gorsuch, Jamaal Bowman, Bowman, Samuel Alito, ” Alito, rioter, Elena Kagan, ” Kagan, Sonia Sotomayor, Ketanji Brown Jackson, Jeffrey Green, Jackson, Jack Smith, Department’s, Smith, Clarence Thomas, Thomas, That’s, Thomas ’, Ginni Thomas, ” Thomas, “ I’m Organizations: CNN, Justice Department, Justice, Capitol, Court, Department, Riot, ”, New York Democrat, House, Hamas, Trump Locations: Pennsylvania, Gaza, Virginia, DC, Colorado, ”

☆ Justices question obstruction charge in Jan 6 rioter prosecution, which could affect Trump's case
▼ + stars: | 2024-04-16 | by ( Lawrence Hurley | Ryan J. Reilly | ) www.cnbc.com time to read: +4 min

Some justices expressed similar sentiments during Tuesday's arguments, asking whether the statute in question could be used to prosecute peaceful protesters, including people who at times have disrupted Supreme Court proceedings. Trump himself faces charges of violating the same law, as well as conspiracy to obstruct an official proceeding. Fischer faces seven criminal charges, only one of which is the focus of the Supreme Court case. He also faces charges of assaulting a police officer and entering a restricted building, among others. Conservative Justice Brett Kavanaugh questioned why the Justice Department needed to charge Fischer using the obstruction statute, noting that he faces the six other charges.

Persons: Micki Witthoeft, Ashli Babbitt, Fischer, WASHINGTON, Donald Trump, Joseph Fischer, Joe Biden's, Trump, Neil Gorsuch, Clarence Thomas, Brett Kavanaugh, Ginni Thomas, Trump's Organizations: U.S ., Appeals, District of Columbia, WASHINGTON —, U.S . Capitol, State, Trump, Conservative, Justice Department, Sarbanes, Oxley, Capitol, Prosecutors Locations: Washington ,, U.S, Washington, New York, Trump's

☆ Clarence Thomas didn't show up for work today
▼ + stars: | 2024-04-15 | by ( John L. Dorman | ) www.businessinsider.com time to read: +2 min

Associate Justice Clarence Thomas on Monday was absent from oral arguments without explanation. Thomas, 75, is the eldest member of the court and a key member of its influential conservative bloc. AdvertisementSupreme Court Associate Justice Clarence Thomas on Monday was absent from oral arguments and the court didn't offer an explanation as to why he wouldn't be present. Related storiesBusiness Insider has reached out to the Supreme Court for comment. Thomas is the longest-tenured associate justice on the court, having been nominated in 1991 by then-President George H.W.

Persons: Clarence Thomas, Monday, John Roberts, Thomas, —, George H.W, Bush, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, ProPublica, Harlan Crow Organizations: Service, Associated Press, Senate

☆ Trump allies want to boost RFK Jr. as a 'champion of choice' to shift some abortion-rights supporters away from Biden
▼ + stars: | 2024-04-10 | by ( John L. Dorman | ) www.businessinsider.com time to read: +4 min

The result of the court's 2022 decision has been a patchwork of anti-abortion laws in GOP-leaning states, while blue states have largely become havens for abortion rights. Biden's support for abortion rights is already well-established, but Trump in recent months has sought to soften his position on the issue. Despite the pro-Trump push on abortion, Kennedy Jr.'s position on reproductive rights hasn't been as clear as Biden's stance. In a February interview with The Washington Post following a controversial Alabama IVF court ruling, Kennedy Jr. said he felt that women "have the right to choose" regarding abortion. When Kennedy Jr. was asked what he'd do to shore up reproductive rights as president, he told The Post: "I don't know, you tell me.

Persons: —, Joe Biden, Wade —, Donald Trump, Trump, Robert F, Kennedy Jr, Biden, Jill Stein, Mike Pence, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Ron DeSantis, hasn't Organizations: Service, Democratic, The New York Times, Business, Green Party, Times, Trump, The Times, GOP, Florida Gov, Washington Post Locations: Michigan, Israel, Gaza, Indiana, Florida, Alabama

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