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The nation's highest court typically wraps up its business by the end of June, but court watchers count roughly a dozen major pending decisions. Trump v. United States: The Trump immunity caseThe implications for Trump alone made this the most closely-watched case this term. As Justice Neil Gorsuch said during oral arguments, the court may write "a rule for the ages." Justices heard oral arguments in a case brought by commercial fishermen about a rule requiring them to pay for monitors that track potential overfishing. Justice Elena Kagan said during oral arguments that 70 Supreme Court rulings and more than 17,000 lower-court decisions have relied on Chevron.
Persons: , Donald Trump's, Trump, Neil Gorsuch, Ketanji Brown Jackson, Jack Smith's, Smith, Lev Radin, Fischer, Joseph Fischer's, John Roberts, Loper, Raimondo, Biden, Elena Kagan, Andrew Harnik, Moyle, Roe, Joshua Turner, Ken Paxton, Brandon Bell, Ron DeSantis Organizations: Service, Trump, Business, . United, Police, United, Enron, Capitol, Electoral, Biden, Washington Post, Loper Bright Enterprises, FDA, Chevron, Natural Resources Defense, Inc, Getty, Idaho, Labor, Paxton, Industry, Gov, The Washington Post, Court, GOP Locations: . United States, United States, Pennsylvania, Chevron U.S.A, Idaho's, Idaho, Texas, Red, Florida
That sent lower courts scurrying into historical analyses to figure out if modern gun laws had some connection to the 18th Century. Roberts’ opinion said that lower courts were misunderstanding what the majority had said in that ruling. But Justice Ketanji Brown Jackson, a member of the court’s liberal wing, suggested it was the high court’s fault for not providing clarity for lower courts to follow. One deals with a Pennsylvania man’s challenge to a federal law prohibiting felons, including those who are non-violent, from possessing firearms. Solicitor General Elizabeth Prelogar presented that argument with an eye toward several other challenges pending to similar federal gun prohibitions that involve non-violent criminal activity.
Persons: John Roberts, Zackey Rahimi, ” Roberts, Donald Trump, Roberts, Ketanji Brown Jackson, Neil Gorsuch, Brett Kavanaugh, Kavanaugh, Amy Coney Barrett, ” Barrett, ” Thomas ’, Bruen, Clarence Thomas, Thomas, Elie Honig, SCOTUS, Rahimi, ” Thomas, Hunter Biden, Hunter, Biden, Daniels, Steve Vladeck, , Elizabeth Prelogar Organizations: CNN, Supreme Court, New York, Trump, US, Appeals, Supreme, Circuit, University of Texas School of Law Locations: Texas, New, Bruen, Mississippi, Delaware, Pennsylvania, Illinois
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
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
Trump’s out of luck: No immunityThe simplest outcome would be for the Supreme Court to rule that former presidents are not entitled to immunity from criminal prosecution. Nixon and the ‘outer perimeter’ of powerBut the justices could reach more broadly by granting some degree of immunity for “official” actions. That official-versus-private debate emerged as a key component of Trump’s immunity battle and will be closely scrutinized once the opinion lands. In terms of timing, a lot would depend on the direction the Supreme Court gives Chutkan in its opinion. It could also raise the possibility of further pre-trial legal wrangling, unless the Supreme Court explicitly ruled out appeals of those decisions.
Persons: Donald Trump, , Jack Smith’s, Trump, “ Trump, , Jonathan Entin, Trump’s, John Roberts, Brett Kavanaugh –, he’s, ” Roberts, ” It’s, Neil Gorsuch, ” Kavanaugh, Nixon, Fitzgerald, Ernest Fitzgerald, Richard Nixon, Rudy Giuliani, Matthew Seligman, Alison LaCroix, , Tanya Chutkan, , ” Entin, Smith, LaCroix, we’ll, ’ ” Organizations: CNN, Trump, Case Western Reserve University’s School of Law, Appeals, DC Circuit, Supreme, Nixon, Air Force, Constitutional, Center, Stanford Law School, Security, University of Chicago Law School, US
Thomas received 103 gifts with a total value of more than $2.4 million between 2004 and 2023, the judicial reform group Fix the Court said in a report Thursday. Fix the Court's analysis found that Alito accepted 16 gifts worth a combined $170,095. Counting those gifts, Thomas' total two-decade haul is valued at nearly $4.2 million. The value and number of gifts Thomas received also eclipsed those accepted by eight retired or dead Supreme Court justices whose tenures overlapped his service on the court, which began in 1991. Antonin Scalia, a conservative justice who died in 2016 while on the court, accepted 67 gifts worth about $210,000 during his tenure, which began in 1986.
Persons: Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Neil Gorsuch's, Chip Somodevilla, Thomas, Alito, Harlan Crow, Sandra Day O'Connor, Antonin Scalia, William Rehnquist Organizations: Supreme, Getty, Congressional Locations: Washington ,, Grove
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
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
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
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
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 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 ,
Congress created the bureau in 2010 to protect consumers from financial scams. The payday lending groups sued over a 2017 bureau rule that prohibited attempts to withdraw payments from accounts after two consecutive tries failed due to insufficient funds. Because of that, the conservative appeals court tossed the payday lending rule. The Biden administration appealed to the Supreme Court in 2022. CNN Supreme Court analyst Steve Vladeck said the ruling is another instance of the high court not endorsing controversial opinions from the 5th Circuit.
Persons: Clarence Thomas, Biden, Massachusetts Democratic Sen, Elizabeth Warren, ” Thomas, Steve Vladeck, , would’ve, , Vladeck, Samuel Alito, ” Alito, Neil Gorsuch, Stuart, Trump Organizations: CNN, Massachusetts Democratic, Federal Reserve, Circuit, University of Texas School of Law Locations: New Orleans
Associate Supreme Court Justice Clarence Thomas arrives for the swearing-in ceremony of Neil Gorsuch as an Associate Supreme Court Justice in the Rose Garden of the White House, Washington, D.C., April 10, 2017. Two leading Democratic senators are pressing Supreme Court Justice Clarence Thomas to say whether he repaid a wealthy friend any of the principal for a $267,230 loan he used to buy a luxury motorhome. The letter to Thomas's lawyer, dated Tuesday, raises questions about potential tax violations by the conservative justice, who is the longest-serving member of the Supreme Court. Democrats point to reports that his wife, Ginni Thomas, took part in efforts to overturn the results of the 2020 election. The Supreme Court heard arguments in Trump's immunity appeal on April 25, with Thomas on the bench.
Persons: Clarence Thomas, Neil Gorsuch, Ron Wyden, Sheldon Whitehouse, Thomas, Anthony Welters, Prevost Le, Wyden, Elliot Berke, Whitehouse, Justice Thomas, Welters, Berke, ProPublica, Harlan Crow, Harlan, Donald Trump, Ginni Thomas Organizations: Justice, White House, D.C, New York Times, Finance Committee Locations: Rose, Washington, Welters
The Major Supreme Court Cases of 2024No Supreme Court term in recent memory has featured so many cases with the potential to transform American society. In 2015, the Supreme Court limited the sweep of the statute at issue in the case, the Sarbanes-Oxley Act of 2002. In 2023, the Supreme Court temporarily blocked efforts to severely curb access to the pill, mifepristone, as an appeal moved forward. A series of Supreme Court decisions say that making race the predominant factor in drawing voting districts violates the Constitution. The difference matters because the Supreme Court has said that only racial gerrymandering may be challenged in federal court under the Constitution.
Persons: Donald J, Trump, Anderson, Sotomayor Jackson Kagan, Roberts Kavanaugh Barrett Gorsuch Alito Thomas, Salmon, , , Mr, Nixon, Richard M, privilege.But, Fitzgerald, Vance, John G, Roberts, Fischer, Ruth Bader Ginsburg, Clarence Thomas, Samuel A, Alito Jr, Alito, , Moyle, Wade, Roe, Johnson, Robinson, Moody, Paxton, Robins, Media Murthy, Sullivan, Murthy, Biden, Harrington, Sackler, Alexander, Jan, Raimondo, ” Paul D, Clement, Dodd, Frank, Homer, Cargill Organizations: Harvard, Stanford, University of Texas, Trump, Liberal, Sotomayor Jackson Kagan Conservative, Colorado, Former, Trump v . United, United, Sarbanes, Oxley, U.S, Capitol, Drug Administration, Alliance, Hippocratic, Jackson, Health, Supreme, Labor, New York, Homeless, Miami Herald, Media, Biden, National Rifle Association, Rifle Association of America, New York State, Purdue Pharma, . South Carolina State Conference of, Federal, Loper Bright Enterprises, . Department of Commerce, Chevron, Natural Resources Defense, , SCOTUSPoll, Consumer Financial, Community Financial Services Association of America, Securities, Exchange Commission, Exchange, Occupational Safety, Commission, Lucia v . Securities, Federal Trade Commission, Internal Revenue Service, Environmental Protection Agency, Social Security Administration, National Labor Relations Board, Air Pollution Ohio, Environmental, Guns Garland, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Gun Control Locations: Colorado, Trump v . United States, United States, Nixon, Florida, Gulf of Mexico, Dobbs v, Idaho, Roe, Texas, States, New, New York, Grants, Oregon, . California, Martin v, Boise, Boise , Idaho, Missouri, Parkland, Fla, Murthy v . Missouri, . Missouri, ., South Carolina, Alabama, SCOTUSPoll, Lucia v, Western
“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
Former Donald Trump adviser Peter Navarro holds a press conference before turning himself into a federal prison on March 19, 2024, in Miami, Florida. The Supreme Court on Monday denied a request by Peter Navarro, a former advisor to ex-President Donald Trump, to get out of jail while he appeals his four-month sentence for defying a subpoena from the House committee that investigated the Jan. 6 Capitol riot. Navarro claimed that the doctrine of executive privilege shielded him from responding to the subpoena. But much of the information sought by the committee was not covered by executive privilege, and Trump did not assert executive privilege in the first place, noted U.S. Solicitor General Elizabeth Prelogar in a March filing to the Supreme Court.
Persons: Donald Trump, Peter Navarro, Neil Gorsuch, Navarro, Trump's, Joe Biden, Trump, Elizabeth Prelogar Organizations: U.S . Capitol, Supreme Locations: Miami , Florida, Miami, U.S
CNN —The Supreme Court on Monday for a second time shot down a request from former Trump adviser Peter Navarro to avoid further prison time over his contempt of Congress conviction. In an emergency request last month, Navarro asked the Supreme Court to let him remain free while he challenged his conviction at the federal appeals court in Washington, DC. Supreme Court rules allow parties whose emergency applications are denied by a single justice to resubmit to another justice. The court denied the request on Monday without comment. Navarro’s underlying case is still pending before the appeals court.
Persons: Trump, Peter Navarro, Navarro, John Roberts, Neil Gorsuch, Trump’s, Gorsuch, Roberts, ” Navarro Organizations: CNN Locations: Washington ,
Opinion: Winds of fate confront Trump
  + stars: | 2024-04-28 | by ( Richard Galant | ) edition.cnn.com   time to read: +19 min
We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets. To Trump’s delight, the top court’s session dimmed the chances the federal case will go to trial before the election. (Trump has denied the affairs with Daniels and McDougal and has pleaded not guilty to the hush money charges. Here’s why we should tune in anyway 04:27 - Source: CNNAs SE Cupp noted, “Trump and Biden debated twice in 2020. Chris Pizzello/Invision/APCNN anchor Victor Blackwell is a fervent Beyoncé fan but her foray into country music didn’t initially grab him.
Persons: CNN —, Yabushige, Yoshii, , , Toranaga, Donald Trump’s, Trump, Stormy Daniels, Jack Smith, Steve Vladeck, Neil Gorsuch, ” Clay Jones, immunizing Trump, John Roberts, Roberts, ” Vladeck, Joey Jackson, David Pecker, Pecker’s “, Michael Cohen …, Norm Eisen, George T, Conway III, Jill Filipovic, Melania Trump, Melania, Daniels, McDougal, ” Bill Bramhall, Frida Ghitis, Jonathan Greenblatt, ” “, Rev, Serene Jones, Israel … ”, Julian Zelizer, , Lyndon Johnson, Hubert Humphrey, Richard Daley, Richard Nixon, Fareed Zakaria, Ian Berlin, I’m, Bill Bramhall, Kara Alaimo, ” Alaimo, “ Trump, Biden, CNN’s Jake Tapper, ABC’s George Stephanopoulos, Chip Bok, Clarissa Wei, Mike Johnson, Sen, John Fetterman of, Johnson, Scott Jennings, it’s, Mark Hannah, “ Biden, ” Biden, Hannah, Deborah Carr, Gerry Turner, Theresa, ’ —, ” Carr, ” Don’t, Terri Gerstein, Hasan Merali, Tess Taylor, Jeff Yang, Dean Obeidallah, Joey Weatherford, Beyoncé, Chris Pizzello, Victor Blackwell, didn’t, , Carter, she’s, CNN FlashDocs, Duke Ellington, Sammy Miller, Billy Strayhorn, Ellington, Strayhorn, Michael Ochs, “ Ellington, Organizations: CNN, Republican, Art Deco New, , Trump, New, American Media, National Enquirer, Agency, Columbia University , Yale, Defamation League, Hillel, Columbia, Force, Union Theological Seminary, New York City Police Department, Columbia University, Twitter, Facebook, Democratic, Convention, Chicago police, Yale, Real Housewives, Syndicate, Theresa Nist, Nashville’s, Max, Michael Ochs Archives Locations: New York, Washington, Florida, Georgia, Israel, Israeli, Columbia, Gaza, Chicago, Vietnam, Taiwan, China, America, Taipei, , Ukraine, John Fetterman of Pennsylvania, Fetterman, Crimea, Los Angeles, Sugar, Harlem
Mark Meadows has requested Supreme Court to recognize immunity for president's subordinates. One of Trump's own Supreme Court appointees seemed to draw the opposite conclusion. AdvertisementBefore the Supreme Court heard oral arguments in former President Donald Trump's immunity case, Mark Meadows tried to get his foot in the door. AdvertisementJudges have denied Meadows's attempts to move his criminal case to federal court, which could be more favorable legal territory. AdvertisementA Trump appointee had the opposite approachIn Thursday's hearings, the Supreme Court didn't directly take up the issue.
Persons: Mark Meadows, Trump's, , Donald Trump's, Trump, Joe Biden's, Meadows, doesn't, didn't, Neil Gorsuch —, John Sauer, Gorsuch, Sauer, we've, they're, Anthony Michael Kreis, George Terwilliger, Michael Dreeben, Amy Coney Barrett, Barrett, Donald Trump, Neil Gorsuch, Carolyn Kaster, Samuel Alito, Alito, Kreis, Richard Nixon, Ronald Reagan, That's, it's Organizations: Trump, Service, Republican, Attorney's, Supreme, Constitutional Convention, Georgia State University, Justice Department, Department of Justice, Kreis Locations: Georgia, Meadows, Fulton County, Atlanta, Fulton
The Supreme Court’s conservative majority appeared ready today to rule that former presidents should have some degree of immunity from criminal prosecution. Such a decision, while effectively rejecting Donald Trump’s assertion of absolute immunity, could narrow the scope of the federal criminal case accusing Trump of plotting to subvert the 2020 election. They agreed with the liberal justices mainly about the significance of their decision, which is expected in late June or early July: “We’re writing a rule for the ages,” Justice Neil Gorsuch said. Many of the justices seemed to be considering the idea that presidents should enjoy some form of protection against criminal prosecution. But the liberal justices voiced concern that by offering presidents a shield from prosecution, the court could turn the Oval Office into a “seat of criminality,” as Justice Ketanji Brown Jackson described it.
Persons: Donald Trump’s, Trump, , , Neil Gorsuch, Ketanji Brown Jackson
Prosecutors have framed the trial as more than a simple case of falsifying business records — the offense with which Trump has been charged. But the results of Trump’s pending cases — and whether they even come to trial — could help decide the tone of a future presidency. But at the same time, Trump is using the privileges of appeals available to any defendant to their full extent. “We’re writing a rule for the ages.”It’s always hazardous to speculate how Supreme Court justices will rule based on their questioning in oral arguments. This could mean the case returns to lower courts for more litigation — a move that could delay the federal election trial for months, far beyond the November election.
Persons: Donald Trump, George Washington, David Pecker, Trump’s, Trump, , Trump —, Republican nominee’s, Jack Smith’s, Ketanji Brown Jackson, Jackson, Pecker, didn’t, Matthew Colangelo, he’s, Joe Biden, Biden, , Benjamin Franklin, inoculate Trump, CNN’s Zachary B, Wolf, Marquis de Lafayette, demagogue, George Conway, ” Conway, CNN’s Wolf, , Neil Gorsuch, “ I’m, Amy Coney Barrett, David Sauer, Sauer, Elena Kagan, Kagan, ” Kagan Organizations: CNN, National Enquirer, Republican, Trump, GOP, Prosecutors, Supreme, White House Locations: New York, Georgia, Florida, — Washington, Washington, Philadelphia , Washington
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
CNN —Searching for some evidence that the Founding Fathers would have supported “absolute immunity” from criminal prosecution for former President Donald Trump, his lawyers have turned to George Washington. Washington’s thought does not end where Trump’s lawyers put the period. In his farewell address, the first president advised his fellow citizens that “Religion and morality” were the “great Pillars of human happiness, these firmest props of the duties of Men and citizens." Another Washington historian, Alexis Coe, who wrote a recent biography, described the Trump lawyers’ view of Washington’s farewell address as “bonkers.” She thinks that rather than trying to seek exemption from laws, Washington would find ways around them. Anything that delays Trump’s prosecution is a clear win for the former president, who is playing for time until the November election.
Persons: Donald Trump, George Washington, Washington’s, Washington, inoculate Trump, John Sauer, , John Avlon, “ Washington, ” Avlon, Ketanji Brown Jackson, Sauer, , Alexis Coe, , Coe, Doris Kearns Goodwin, Trump, Will Trump, Trump’s, Samuel Alito, Neil Gorsuch, ” Gorsuch Organizations: CNN, US, Congress, gaslight, Trump . Washington, Trump, Constitutional Locations: United States, Washington, , New York, Trump ., Pennsylvania
Self-pardoning wasn't on the table at Thursday's Supreme Court hearing. The Supreme Court has never ruled on whether such a move would be permissible. The purpose of the hearing was for the Supreme Court to hear arguments over whether Trump should be immune from criminal prosecution for his conduct as president. He told Michael Dreeben, the lawyer representing Smith's team, that the question might be crucial as the Supreme Court deliberates the scope of presidential immunity. In order to obtain a pardon, he would have to be convicted and serve at least five years of a sentence.
Persons: Alito, , Donald Trump, could've, Trump, — Samuel Alito, Neil Gorsuch —, Jack Smith's, Smith, Gorsuch, he'll, We've, it's, Michael Dreeben, haven't, Gerald Ford, Richard Nixon, Dreeben, Joe Biden, Stormy Daniels Organizations: Thursday's, Trump, Service, NBC, Mar, DC Circuit, Justice Department's, Justice Department Locations: New York, Manhattan, Georgia
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