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Opinion | Alito’s Frustrated Culture-War Diatribe
  + stars: | 2024-06-25 | by ( Jesse Wegman | ) www.nytimes.com   time to read: +1 min
It often seems that Justice Samuel Alito would be happier swapping out his black robes for the garb of whichever right-wing plaintiffs have arrived before the court to air their culture-war grievances. On Wednesday, Alito was at it again, dissenting at length from the court’s 6-to-3 decision that threw out a conservative challenge to the Biden administration. The White House had tried to counteract the reams of misinformation being spread on social media sites during the Covid pandemic and the aftermath of the 2020 election, urging social media sites to regulate what was allowed to be posted. Not only could the plaintiffs not show “any concrete link between their injuries and the defendants’ conduct,” but the lower courts’ assessment of the record was, in fact, far from correct. Many of the district court’s findings, on which the increasingly off-the-wall U.S. Court of Appeals for the Fifth Circuit relied, “unfortunately appear to be clearly erroneous,” Justice Amy Coney Barrett wrote for the court.
Persons: Samuel Alito, Alito, Biden, , ” Alito, grandly, Amy Coney Barrett Organizations: White, Appeals, Fifth
Even as the court is sometimes finding wider-than-expected majorities for relatively limited outcomes, the nine justices are regularly in conflict over the meaning of decisions. A number of lower-profile cases have also sparked deep doctrinal divisions, even when the final vote count is lopsided. “It does seem, at least anecdotally, unusual to have this many separate opinions in cases with relatively lower stakes,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. The Supreme Court earlier this month tossed out an appeal from anti-abortion doctors challenging expanded access to the abortion pill mifepristone. Among them, Justice Sonia Sotomayor slammed the court’s majority opinion for its reliance on history to decide the trademark dispute.
Persons: , Steve Vladeck, , dinged, councilwoman, Brett Kavanaugh, ” Kavanaugh, Donald Trump, Jack Smith’s, yank Trump, Trump, Amy Coney Barrett, Samuel Alito, Kavanaugh, ” Barrett, Aziz Huq, Huq, Moore, John Roberts ’, hasn't, Neil Gorsuch chimed, Justice Ketanji Brown Jackson, ” Alito, Clarence Thomas, Alito, it’s, Sylvia Gonzalez, Florida GOP Sen, Marco Rubio, Sonia Sotomayor Organizations: CNN, University of Texas School of Law, Trump, Capitol, University of Chicago, New York, Police, Florida GOP, Republican Locations: Moore, Texas, Trump, concurrences
Kate Bedingfield served as White House communications director in the Biden administration and was the deputy campaign manager on Biden’s 2020 presidential campaign. That contentious exchange during the 2020 debate put Biden on the defensive. A President Trump might make their decisions about retirement that much easier. David Urban, a CNN political commentator, served as an adviser to then-President Trump’s 2020 re-election campaign. On Thursday, President Biden needs to do it again.
Persons: isn’t, Joe Biden’s, Donald Trump’s, , Stephanie Griffith, Scott Jennings, Trump, Donald Trump, Joe Biden, Biden, counterpunched Biden, CNN Trump masterfully, ” Scott Jennings Trump, mightily, George W, Bush, Sen, Mitch McConnell, Sophia A, Nelson Stephanie Honikel, Chris Wallace, Wallace, Trump’s, it’s, Nelson, It’s, Kate Bedingfield, Donald Trump Kate Bedingfield, Shermichael Singleton, Bill Clinton’s, James Carville, , Democratic Barack Obama, they're, aren’t, “ It’s, David Axelrod, people’s, ” Biden, jibing Trump, , Barack Obama, Obama, David Urban, Amy Coney Barrett, Amy Coney Barrett's, Roe, Wade, Ronald Reagan, Bill Clinton, Reagan, Clinton, ” David Urban, Dobbs, Lady Jill Biden, Samuel Alito, Clarence Thomas, Bakari Sellers, Abraham Lincoln, chokeholds, Emmett Till, HBCUs ? Biden, Hilary Krieger Organizations: CNN, White, Biden, Scott Jennings CNN, Trump, Democratic, Republican, RunSwitch Public Relations, Capitol, GOP, Republican Government Reform, White House, NBC, Marist, Fox News, Global, Senate, United, Appeals, Federalist Society, American, United State Supreme Court, National Guard, South Carolina House of, Strom Law, CNN Opinion’s Locations: Cleveland , Ohio, Nashville , Tennessee, New York, Louisville , Kentucky, Charlottesville , Virginia, , White, Charlottesville, Michigan, Scranton, Claymont, America, United States, Pennsylvania, HBCUs
It’s a strange time for gay rights in America. As the country nears the 10th anniversary of the legalization of gay marriage nationwide, support for same-sex unions has risen to 70 percent of the American public. Even Obergefell v. Hodges, the 2015 Supreme Court ruling that legalized gay marriage, is under attack. Clearly, marriage equality was not enough to bring full equality to L.G.B.T.Q. But the gay marriage campaign was a major missed opportunity to expand L.G.B.T.Q.
Persons: Anita Bryant’s, Hodges, Samuel Alito, Clarence Thomas, Roe, Wade Organizations: Republican, Congress Locations: America
This story is available exclusively to Business Insider subscribers. AdvertisementLegal experts who spoke to Business Insider said Thomas's latest decision highlighted how inconsistent and even ridiculous this method of interpretation can be. The Supreme Court of 1888 decided that the Constitution was broad enough to cover inventions the Founding Fathers never dreamed of. Gross noted that he expected the outcome the Supreme Court ultimately reached, though he was surprised Justice Samuel Alito, another strict originalist, didn't join Thomas' dissent. AdvertisementRepresentatives for the Supreme Court did not respond to a request for comment from Business Insider.
Persons: , Clarence Thomas, Thomas, Antonin Scalia, John P, Gross, wouldn't, originalists, Carolyn Shapiro, Shapiro, Amy Coney Barrett, Barrett, SCOTUS, Samuel Alito, didn't, Scalia Organizations: Service, Business, University of Wisconsin Law School, Public, originalism, Chicago, Kent College of Law's Institute, AP, CNN Locations: United States
CNN —The Supreme Court upheld a federal law Friday that bars guns for domestic abusers, rejecting an argument pressed by gun rights groups that the prohibition violated the Second Amendment. The 8-1 decision lands as the nation continues to grapple with gun violence and mass shootings. A roiling political debate over firearms has left Washington unable to pass new gun laws. The decision could help shore up similar federal gun regulations that have been challenged since the Supreme Court vastly expanded gun rights in 2022. Rahimi’s lawyers claimed that the Supreme Court’s blockbuster decision two years ago meant that the law on domestic violence orders could not be squared with the Constitution.
Persons: John Roberts, Roberts, ” Roberts, , Steve Vladeck, Clarence Thomas, , ” Thomas, Zackey Rahimi, Thomas, Biden, Joe Biden’s, Hunter, ” Biden, Alito, Samuel Alito Organizations: CNN, University of Texas School of Law, New York, Government, Appeals, Supreme Locations: Washington, State, New, Texas, Bruen, New Orleans
CNN —The Supreme Court on Thursday upheld a Trump-era tax on overseas investments, rejecting an argument from a Washington state couple in a case that could have jeopardized existing tax provisions and torpedoed Democratic talk of a wealth tax. Justice Brett Kavanaugh wrote the majority opinion and Justice Clarence Thomas wrote a dissent. In reading his opinion from the bench, Kavanaugh repeatedly stressed that the opinion was “narrow” and did not implicate the raging debate over a wealth tax. “Those are potential issues for another day, and we do not address or resolve any of those issues here,” Kavanaugh wrote in Thursday’s opinion. Elizabeth Warren of Massachusetts and Ron Wyden of Oregon and Independent Sen. Bernie Sanders of Vermont have also unveiled tax proposals that would hit the wealthiest Americans.
Persons: Brett Kavanaugh, Clarence Thomas, Kavanaugh, Charles, Kathleen Moore, Moores, Donald Trump, Joe Biden, ” Kavanaugh, , ” Biden, Biden, Democratic Sens, Elizabeth Warren of, Ron Wyden, Independent Sen, Bernie Sanders, Paul Ryan, Moore, Samuel Alito, Alito, Charles Moore Organizations: CNN, Trump, Democratic, Government, Oregon, Independent, Capitol, Moores Locations: Washington, India, trillions, Elizabeth Warren of Massachusetts, Vermont
Supreme Court Upholds Trump-Era Tax Provision
  + stars: | 2024-06-20 | by ( Abbie Vansickle | ) www.nytimes.com   time to read: 1 min
The Supreme Court on Thursday upheld a tax on foreign income that helped finance the tax cuts President Donald J. Trump imposed in 2017 in a case that many experts had cautioned could undercut the nation’s tax system. The vote was 7 to 2, with Justice Brett M. Kavanaugh writing the majority opinion. Justice Amy Coney Barrett wrote a concurring opinion, joined by Justice Samuel A. Alito Jr., and Justice Clarence Thomas dissented, joined by Justice Neil M. Gorsuch. The question before the justices appeared narrow at first glance: Is the tax in question allowed under the Constitution, which gives Congress limited powers of taxation? In the majority opinion, Justice Kavanaugh wrote that the tax fell within the authority of Congress under the Constitution.
Persons: Donald J, Trump, Brett M, Kavanaugh, John G, Roberts, Amy Coney Barrett, Justice Samuel A, Alito Jr, Clarence Thomas, Neil M Organizations: Chief
A former Texas city councilwoman may pursue a lawsuit claiming that officials had abused their power by arresting her in retaliation for exercising her First Amendment rights, the Supreme Court ruled on Thursday. The court’s five-page opinion was unsigned, which is unusual in argued cases. Justice Samuel A. Alito Jr. issued a 16-page concurring opinion, writing only for himself. The unsigned opinion said an appeals court had taken “an overly cramped view” of the evidence required to prove a retaliatory arrest. The appeals court should have considered, the opinion said, objective evidence presented by the councilwoman, Sylvia Gonzalez, that the criminal law under which she had been charged had never been used in the county in similar circumstances.
Persons: Samuel A, Alito Jr, Clarence Thomas, Sylvia Gonzalez Locations: Texas
In an unsigned opinion, the high court said a federal appeals court took an “overly cramped view” of an earlier precedent that control when people may sue for First Amendment retaliation claims. Normally, a person alleging retaliatory arrest must demonstrate police had not proven probable cause. In its opinion Thursday, the court ruled that Gonzalez should be allowed to present her evidence that she was arrested as retaliation for her actions. “Probable cause defeats a retaliatory arrest claim.”Prosecutors ultimately dropped the charges against Gonzalez. The Supreme Court did not immediately respond to a request for comment about Alito’s absence.
Persons: Clarence Thomas, Sylvia Gonzalez, Gonzalez, , Thomas, , ” Thomas, , Samuel Alito Organizations: CNN, Supreme, ” Prosecutors, Appeals Locations: Texas, Castle Hills , Texas
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
CNN —Bitter tensions are escalating between Joe Biden and Donald Trump over race and the future of the Supreme Court as they gear up for the most critical presidential debate clash in years. This is why Trump spent Saturday in Michigan, seeking to take advantage of signs of waning enthusiasm for Biden among Black voters. According to CNN exit polls in 2020, Trump won about 1 in 10 Black voters. But a recent New York Times/Siena College poll found the ex-president winning more than 20% of Black voters in battleground states. But the Biden campaign seemed keen to show the president in an informal setting with Obama and stars including Julia Roberts and George Clooney.
Persons: Joe Biden, Donald Trump, Trump, Biden, Barack Obama, Camp David, Ron Klain, Marco Rubio, Eric Schmitt of Missouri, South Carolina Sen, Tim Scott, Byron Donalds, “ I’m, , , Jasmine Harris, Obama, Jimmy Kimmel, ” Biden, , kilter, Julia Roberts, George Clooney, Hunter Biden, Samuel Alito’s, he’s, Kimmel Organizations: CNN, Biden, Black, Democratic, White, Senate, Trump, Republicans, Capitol Hill, House, GOP, Saturday, Sens, Trump ”, Black Republicans, Florida Rep, Semafor, New York Times, Siena College, Los, Air Force, Sunday Locations: Trump, Europe, Los Angeles, Atlanta, Marco Rubio of Florida, Washington, Michigan, South Carolina, Detroit, Philadelphia, Milwaukee, Pennsylvania, Wisconsin, Central Park, Italy, Delaware, kilter
U.S. President Joe Biden and former U.S. President Barack Obama share a laugh during a star-studded campaign fundraiser at the Peacock Theater in Los Angeles, on June 15, 2024. The fundraiser included singing by Jack Black and Sheryl Lee Ralph, and actors Kathryn Hahn and Jason Bateman introduced Kimmel, who himself introduced Biden and Obama. The president was fundraising "with out-of-touch elitist Hollywood celebrities," Trump campaign spokeswoman Karoline Leavitt said. But Biden told the crowd in California that "we passed every major piece of legislation we attempted to get done." Earlier in the program, Kimmel noted Biden's campaign promise to restore the soul of America and said "lately it seems we might need an exorcism."
Persons: Joe Biden, Barack Obama, energizing, George Clooney, Julia Roberts, Barbra Streisand, Jimmy Kimmel, Biden, Donald Trump, Kimmel, Trump, Kamala Harris, Jack Black, Sheryl Lee Ralph, Kathryn Hahn, Jason Bateman, Obama, deadpanned, Bateman, Karoline Leavitt, Roe, Wade, Samuel Alito, Pope Francis, Stephen Colbert, Bill Clinton, John Paulson, Trump's Organizations: Peacock, Democratic, Republican, Batman, Biden, Trump, Supreme, Delta Force, Army, Radio City Music Hall, Biden's, Republican National Committee, Republican Party Locations: Los Angeles, Italy, Southern California, Switzerland, Ukraine, United States, Gaza, Detroit, California, America, New York, York, Florida
CNN —President Joe Biden delivered a series of stark warnings about what a second Donald Trump term could hold during a star-studded Los Angeles fundraiser Saturday evening, framing the 2024 presidential election as an inflection point in American history. “What (Trump) did on January 6, and now he’s literally saying if he doesn’t win there’ll be a bloodbath — it’s outrageous. The conversation between Biden and Obama was moderated by television host Jimmy Kimmel. And rallies the world to fight for democracy and freedom.”She also made the case for the dangers of a second Trump term, saying, “Trump has told us again and again why he wants the White House. Biden interjected, “He paid none.”When Kimmel asked Biden about “Trump amnesia,” Biden said: “All you got to do is remember what it was like” during Trump’s four years, pointing to Trump’s recommendation that people inject bleach to cure Covid-19.
Persons: Joe Biden, Donald Trump, Trump, Barack Obama, Biden, Obama, Jimmy Kimmel, he’s, ” Biden, Samuel Alito, Kimmel, ” “, Roe, Wade, Clarence Thomas, , , Trump outraised Biden, ” Obama, Joe, Jill Biden, “ Trump, , Biden interjected, Covid, , ” Kimmel, George Clooney, Julia Roberts, Barbra Streisand, Jason Bateman, Jack Black, Kathryn Hahn, Sheryl Lee Ralph, Nikki Carvajal Organizations: CNN, Trump, Biden, Republican, Delta Force Locations: Los Angeles, kilter, United States of America
Opinion | How John Roberts Lost His Court
  + stars: | 2024-06-16 | by ( Linda Greenhouse | ) www.nytimes.com   time to read: +1 min
A self-described documentary filmmaker, trolling a gala dinner for a gotcha moment by engaging Supreme Court justices in conversation and surreptitiously recording their words, arguably scored with Justice Samuel Alito when he told her he shared their stated goal of returning “our country to a place of godliness.”But with Chief Justice John Roberts, the undercover provocateur, Lauren Windsor, struck out. In response to her question about whether the court had an obligation to guide the country “toward a more moral path,” the chief justice shot back: “Would you want me to be in charge of putting the nation on a more moral path? That’s not for lawyers.” He went on: “And it’s not our job to do that. It’s our job to decide the cases as best we can.”Good for Chief Justice Roberts. Still, his admirable response to what he surely assumed was a private query invites a further thought.
Persons: Samuel Alito, John Roberts, Lauren Windsor, That’s, , Justice Roberts, It’s, , Dobbs, Alito Organizations: Gallup Locations: godliness
Justice Samuel Alito is right. No, Justice Alito is right about the fact of unresolvable conflict in American political life. They really can’t be compromised. In a 2020 keynote to a gathering of the Federalist Society, for example, the justice bemoaned changing attitudes on same-sex marriage. “You can’t say that marriage is the union between one man and one woman,” Alito said.
Persons: Samuel Alito, Donald Trump, Alito, Lauren Windsor, , it’s, , ” Alito, Roe, Wade Organizations: Supreme, Historical Society, Federalist Society, Notre Dame, School’s, Liberty Initiative, Jackson, Health Organization Locations: Rome, Dobbs v
Read previewThere's "little doubt," Supreme Court Justice Samuel Alito wrote, that Congress would have considered bump stocks akin to a machine gun. AdvertisementThe Supreme Court on Friday struck down the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule that classified bump stocks as "machine guns." He argued it had been too broad in interpreting firearms law and that Congress never explicitly meant to ban bump stocks, challenging the law on statutory grounds, not Second Amendment protections. "A bump stock does not convert a semi-automatic rifle into a machinegun any more than a shooter with a lightning-fast trigger finger does," Thomas wrote. AdvertisementBut Alito said Congress needs to be explicit that it wants to ban bump stocks, too, by amending the law or passing a new one.
Persons: , Samuel Alito, Alito, Trump, Michael Cargill, Clarence Thomas, Thomas, Sonia Sotomayor, it'll Organizations: Service, Las, Business, Alcohol, Tobacco, Firearms, Explosives, ATF Locations: Austin , Texas, Las Vegas
Amid politically charged flag flying, secret recordings, and eyebrow-raising financial disclosures, there’s something fishy about the behavior of the nation’s top judges. Are they ruining faith in the Supreme Court? Or is that the partisan reaction to the decisions coming from on high? Plus, Michelle weighs in on the beef of the summer. (A full transcript of this audio essay will be available within 24 hours of publication in the audio player above.)
Persons: Michelle Cottle, Carlos Lozada, Lydia Polgreen, Jesse Wegman, Michelle Organizations: Times
Justice Samuel Alito has been widely criticized this week for remarks he made to a self-described documentary filmmaker who on two occasions engaged him at social events, secretly taped him under false pretenses and released the recordings. What did he say that was wrong? None of his remarks was improper for a judge to make. Furthermore, he did not even say anything especially controversial — or at least nothing that would be controversial in a less polarized moment. But he said that solving polarization is not something that the Supreme Court can do, because “we have a very defined role, and we need to do what we’re supposed to do.” He added: “That is way above us.”
Persons: Samuel Alito, Alito,
She is at a private event, not open to journalists. She baits them with leading questions, trying to trap them into agreeing with her stated opinions. One reasonable interpretation is that Justice Alito was agreeing merely to be polite. Lauren Windsor is no brave agent working to trap a drug gang leader, or working in the resistance behind enemy lines. Most decent people of all political persuasions will be disgusted by her behavior and sympathize with the justices who were the victims of her dishonesty.
Persons: Alito, Lauren Windsor, Samuel Alito, John Roberts Organizations: Historical Society
CNN —As a journalist and professor who teaches media ethics, I have long been against the kind of undercover secret recording activist Lauren Windsor made of Supreme Court Justice Samuel Alito and his wife, as well as Chief Justice John Roberts. Join us on Twitter and FacebookWhat Windsor discovered does not tell me as much as ProPublica and The New York Times have about the secrecy and shocking lack of ethics in the Supreme Court. But she did make me think Alito is even farther to the religious right than I thought. But while the approach was similar, Maryland has a law against secret recordings; two-person consent is required. But she broke no law in taking us behind closed doors and a little further into the mind of Alito.
Persons: David Zurawik, Lauren Windsor, Samuel Alito, John Roberts, David Zurawik Mich Rouse, Alito, , ” Alito, Windsor, James O’Keefe, Hannah Giles, , ethicist, Donald Trump Organizations: Goucher College, Baltimore Sun, CNN, Supreme, Project Veritas, ACORN, Journalists, Capitol, New York Times, Windsor, Catholic, The New York Times, Twitter, Facebook, Veritas Locations: Windsor, there’s, Baltimore, Maryland, Washington, DC
Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. have long been a jarring study in contrasts. The chief justice is guarded, embodying a cautious and conventional conception of the judicial role. Justice Alito, an eager combatant in the culture wars, tests the limits of that behavior. Their differing approaches were on display in surreptitiously recorded comments at a Supreme Court gala last week. That’s not for lawyers.”
Persons: John G, Roberts Jr, Samuel A, Alito Jr, Justice Alito, Justice Roberts, That’s,
Read previewEarly Monday, Rolling Stone reported that a documentary filmmaker posing as a Catholic conservative created secret audio recordings of conversations with Supreme Court Justices John Roberts and Samuel Alito at an exclusive charity gala. Advertisement"One side or the other is going to win," Alito told Windsor at the event, according to both outlets. Windsor told The Times that making the secret recordings was the only way she believed she could get answers to her questions. "I mean, whether or not Justice Alito thinks that the country's political or tribal divisions are likely to be solved anytime soon doesn't tell us very much." Representatives for the Supreme Court did not immediately respond to requests for comment from Business Insider.
Persons: , Rolling Stone, John Roberts, Samuel Alito, Lauren Windsor's surreptitious, Alito's, Justice Roberts, Alito —, Alito, Windsor, Roberts, That's, Jonathan Adler, Adler Organizations: Service, Business, New York Times, Times, Supreme, Case Western Reserve University, Historical Society Locations: Windsor
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CNN —A left-wing activist on Monday released secret recordings of Supreme Court Justice Samuel Alito and his wife, as well as Chief Justice John Roberts, discussing a range of politically sensitive topics. Video Ad Feedback Filmmaker reveals why she secretly recorded Supreme Court Justice Alito and his wife 03:12 - Source: CNNAlito did not respond to questions from CNN about his comments or those of his wife, Martha-Ann. “So they’ll go to hell,” Martha-Ann Alito says in the recording. You come after me, I’m going to give it back to you,” Martha-Ann Alito said. But there will be a way – they will know.”James Duff, the executive director of the Supreme Court Historical Society, slammed the recordings in a statement on Monday.
Persons: Samuel Alito, John Roberts, Alito, ” Alito, , , Lauren Windsor, Stone, Windsor, ” Roberts, Justice Alito, CNN Alito, Martha, Ann, Roberts, Ann Alito, Martha Alito, don’t, , Ann Alito’s, ” “, ” Martha, ” James Duff, ” Duff Organizations: CNN, Monday, Supreme, Society, Windsor, Washington Post, Historical Society Locations: Godliness, Windsor, Washington, Virginia, New Jersey, Martha
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