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CNN —The Supreme Court on Tuesday agreed to freeze a lower court order that bars the government from regulating so-called ghost guns – untraceable homemade weapons – as firearms under federal law. Ghost guns are kits that a user can buy online to assemble a fully functional firearm. The rule does not prohibit the sale or possession of any ghost gun kit, nor does it block an individual from purchasing such a kit. A federal appeals court declined to put on hold two key challenged provisions of the regulation. A handful of retailers of ghost gun kits as well as a gun rights’ group also challenged the rule.
Persons: Biden, John Roberts, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Judge Reed O’Connor, Elizabeth Prelogar, ” Prelogar, ” David Thompson, O’Connor, ” O’Connor Organizations: CNN, Alcohol, Tobacco, Firearms, Explosives, United States, Court, Northern, Northern District of, Supreme, ” “, ATF, Control Locations: Northern District, Northern District of Texas, Texas
Supreme Court allows Biden ‘ghost gun’ regulations
  + stars: | 2023-08-08 | by ( Lawrence Hurley | ) www.cnbc.com   time to read: +4 min
WASHINGTON — A divided Supreme Court on Tuesday allowed the Biden administration to enforce regulations aimed at clamping down on so-called ghost guns — firearm-making kits available online that people can assemble at home. Plaintiffs also include gun rights groups and makers and sellers of ghost guns. Tuesday's ruling was not a final decision and the Supreme Court could still hear the case and issue a detailed decision on the merits. On July 28, Justice Samuel Alito temporarily put the Texas ruling on hold while the Supreme Court decided on what next steps to take. The ghost guns case, however, is on a separate legal question related to ATF's regulatory authority, not the right to bear arms.
Persons: WASHINGTON, Biden, John Roberts, Amy Coney Barrett, John Feinblatt, Reed O'Connor, Jennifer VanDerStok, Michael Andren, David Thompson, Tuesday's, Elizabeth Prelogar, Samuel Alito Organizations: Alcohol, Tobacco, Firearms, Explosives, of Alcohol, Gun Safety, Manufacturers, ATF, Gun Control, Circuit, Appeals, Supreme Locations: Glendale , California, Texas, New Orleans
The court's conservative majority has taken an expansive view of Second Amendment rights in a nation facing persistent gun violence including mass shootings. The court has widened gun rights in three major rulings since 2008. "The stakes are high for those experiencing domestic violence if violent partners can legally possess firearms," Lungwitz said. The National Rifle Association, an influential gun rights group, did not respond to a request for comment. "By removing those kinds of considerations, it makes constitutional law - and Second Amendment law, in particular - even more removed from the way that ordinary citizens think about constitutional protections."
Persons: Joe Biden's, Zackey Rahimi, Rahimi, Janet Carter, Bruen, James Ho, Donald Trump, Elizabeth Prelogar, Lungwitz, Jacob Charles, Charles, John Kruzel, Will Dunham, Scott Malone Organizations: U.S, Supreme, New York, Circuit, Appeals, Republican, University of Texas School, Law's, Violence, Democratic, National Rifle Association, Pepperdine University Caruso School of, Thomson Locations: WASHINGTON, Texas, New York, New Orleans
The Supreme Court on Friday agreed to weigh whether people accused of domestic violence have a right to own firearms in a case that will test the scope of recently expanded gun rights. The justices agreed to hear a Biden administration appeal in defense of a federal law that prohibits people subject to domestic violence restraining orders from possessing guns. Solicitor General Elizabeth Prelogar, representing the Biden administration, turned to the Supreme Court, said in court papers that the appeals court's ruling was "profoundly mistaken." The decision "threatens grave harms for victims of domestic violence," she said. Last year's Supreme Court ruling led to a flurry of challenges to longstanding laws — both federal and state — and prompted some judges to find they are unlawful under the new standard.
Persons: Zackey, Rahimi, Elizabeth Prelogar, Biden, Prelogar Organizations: Justice Department, U.S, Circuit, New York State Locations: Texas, Arlington , Texas, New Orleans, New
The case involves a Texas man charged with illegal gun possession while subject to a domestic violence restraining order after assaulting his girlfriend. The 1994 law at issue in the current case prohibited a person subject to a domestic violence restraining order from possessing a firearm. Circuit Court of Appeals in February declaring the law unconstitutional in a ruling that applied to Texas, Louisiana and Mississippi. Solicitor General Elizabeth Prelogar told the Supreme Court on behalf of Biden's administration that the 5th Circuit's ruling was "profoundly mistaken." Twenty-three states, mostly Democratic-led, urged the Supreme Court to hear the dispute, as did groups advocating for the prevention of gun violence and domestic abuse.
Persons: Joe Biden's, Zackey, Rahimi, Elizabeth Prelogar, Prelogar, John Kruzel, Will Dunham Organizations: U.S, Supreme, New York, New, Circuit, Appeals, Democratic, Thomson Locations: Texas, United States, New York, Kennedale, Arlington , Texas, New Orleans, Texas , Louisiana, Mississippi
Supporters of student debt forgiveness demonstrate outside the US Supreme Court on June 30, 2023, in Washington, DC. Olivier Douliery | AFP | Getty Images"Under the Secretary's plan, roughly half of all federal borrowers would have their loans completely discharged," Roberts wrote. How student loan forgiveness got to the Supreme CourtSupreme Court justices listen to arguments. watch nowTwo of those legal challenges made it to the Supreme Court: one brought by six GOP-led states — Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina — and another backed by the Job Creators Network Foundation, a conservative advocacy organization. While the justices' decision largely matched the predictions of many legal experts, some saw it going another way, especially after the Supreme Court heard oral arguments for the two challenges to the president's plan at the end of February.
Persons: Olivier Douliery, Roberts, Persis Yu, who'd, Biden, Bill Hennessey, he'd, Grant, overreach, Jed Shugerman, Elizabeth Prelogar Organizations: AFP, Getty, U.S . Department of Education, Consumer, Student, Protection, Supreme, U.S . Department of Justice, Heroes, Republican, GOP, South Carolina —, Job, Network Foundation Locations: Washington ,, Missouri, delinquencies, U.S, — Nebraska , Missouri , Arkansas , Iowa , Kansas, South Carolina, Fordham
“The Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. We have never permitted admissions programs to work in that way, and we will not do so today,” Roberts wrote. During oral arguments, Solicitor General Elizabeth Prelogar stressed the unique interests of the military and argued that race-based admissions programs further the nation’s compelling interest of diversity. Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, said the decision will still not end the legal fight over college admissions. The Supreme Court stepped in to consider the case before it was heard by a federal appeals court.
Persons: John Roberts, , ” Roberts, Clarence Thomas, , ” Thomas, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, ” Sotomayor, Sotomayor, Martin Luther King, Jackson, “ ‘, Roberts, Elizabeth Prelogar, ” Jackson, Kevin McCarthy, Republican Sen, Ted Cruz, Donald Trump, ” Trump, Mike Pence, ” Pence, Chuck Schumer, Laura Coates, Steve Vladeck, ” Vladeck, ” Long, SSFA, Loretta C, Biggs, ” Biggs, SFFA, Cameron T, Norris, Harvard “, Prelogar, Lewis F, Powell Jr Organizations: CNN, Harvard, University of North, UNC, Supreme, GOP, Republican, America, Truth, New York Democrat, University of Texas School of Law, Asian, Fair, Court, Middle, Middle District of, University, US, University of California, Bakke Locations: University of North Carolina, Independence, United States, Lower, Middle District, Middle District of North Carolina
The United States Supreme Court Building Geoff Livingston | Moment | Getty Images1. You'll be able to read the ruling on the Supreme Court's website, likely some time in the morning of decision day. A top Education Department official recently warned that resuming student loan bills without Biden's loan cancellation could trigger a historic rise in delinquencies and defaults. They said the decreased revenue for MOHELA, or the Missouri Higher Education Loan Authority, could leave the agency unable to meet its financial obligations to Missouri. Student loan borrowers gathered outside the U.S. Supreme Court on Feb. 27, 2023, the night before the court hears two cases on student loan forgiveness.
Persons: Geoff Livingston, Mark Kantrowitz, Kantrowitz, You'll, Biden, Elizabeth Prelogar, Prelogar, they'd, Mark, servicers, Amy Coney Barrett, James A, Campbell, Barrett wasn't, you've, Annie Nova Organizations: United States Supreme, Supreme, Department, Republican, GOP, South Carolina –, Job, Network Foundation, Missouri Higher Education Loan Authority, CNBC, U.S Locations: delinquencies, — Arkansas, Iowa , Kansas , Missouri , Nebraska, South Carolina, Missouri, Nebraska
For a number of reasons, Dan Urman, a law professor at Northeastern University, also predicts that student loan forgiveness won't survive the Supreme Court. Striking down forgiveness will add to growing skepticism that the conservative justices vote for conservatives, and the liberal justices vote for liberals. Dan Urman law professor at Northeastern UniversitySuch a politically fueled decision, however, is likely to further damage the public's perception of the judicial branch, Urman said. "Striking down forgiveness will add to growing skepticism that the conservative justices vote for conservatives, and the liberal justices vote for liberals," Urman said. Fordham law professor Jed Shugerman had tweeted after the February arguments that he was "struck by SG Elizabeth Prelogar's brilliant performance."
Persons: Douglas Rissing, Biden, Gregory Caldeira, wouldn't, Caldeira, Dan Urman, Urman, Elizabeth Prelogar, Jed Shugerman, SG Elizabeth Prelogar's, Shugerman, What's Organizations: U.S, Supreme, Istock, Getty, Republican, Ohio State University, CNBC, Northeastern University, Gallup, Fordham
CNN —The Supreme Court on Thursday ordered Alabama officials to redraw the state’s congressional map to allow an additional Black majority district to account for the fact that the state is 27% Black. The federal court ordered the creation of another majority Black district to be drawn. He said it would be impossible to draw a second majority Black district in the state without taking race into consideration. Instead, she wrote, the state plan “divides the Black voters within this well-established community of interest across several districts, and as a result, Black Alabamians have no chance to elect their preferred candidates outside of” the one Black majority district. “Black voters are significantly numerous and compact to form a majority in a reasonably configured district, as the district court specifically found,” she said.
Persons: John Roberts, Brett Kavanaugh, ” Roberts, Roberts, , Terri Sewell, , ” Sewell, General Merrick Garland, , Democrats –, Steve Vladeck, ” Vladeck, Sen, John Thune, ” Thune, Samuel Alito, Neil Gorsuch, Clarence Thomas, Gorsuch, ” Thomas, Alito, Amy Coney Barrett, ” Thomas ’, Edmund LaCour Jr, Alabama’s, LaCour, NAACP –, Abha Khanna, Khanna, ” Khanna, Alabamians, Biden, dilutions, Elizabeth Prelogar Organizations: CNN, Alabama, Republicans, Democratic, , Central, Supreme, Trump, Democrats, University of Texas School of Law, Representatives, Republican, Judiciary, Black, , NAACP Locations: Alabama, United States, Black, Louisiana, Mobile , Montgomery,
A crude joke that Sen. Marco Rubio, R-Fla., used to mock what he said was then-2016 presidential candidate Donald Trump's "small hands" will be the centerpiece of a Supreme Court ruling on whether a California lawyer can trademark the phrase "Trump too small." The "Trump too small" phrase is a reference to a 2016 Republican presidential primary debate featuring both Trump and Rubio. Rubio joked about Trump having small hands, adding: "And you know what they say about guys with small hands." In a February 2022 ruling, the U.S. Court of Appeals for the Federal Circuit ruled against the trademark office, saying the denial violated Elster's free speech rights under the Constitution's First Amendment. The Supreme Court in recent years has endorsed free speech rights in the trademark context, suggesting Elster could have a chance of prevailing in the case.
Persons: Marco Rubio, Donald Trump, Sen, Donald Trump's, Trump, Steve Elster, Elster, Rubio, Elizabeth Prelogar Organizations: U.S, Republican, U.S . Patent, Trump, U.S ., Appeals, Federal Circuit Locations: Detroit , Michigan, California
The Supreme Court on Thursday dismissed an attempt by Republican-led states to maintain the pandemic-era immigration measure known as Title 42. The court’s brief order was one sentence long, instructing an appeals court to dismiss the states’ motion to intervene in the case as moot. The move was almost surely prompted by the end of the health emergency that had been used to justify Title 42. Title 42 had allowed migrants who might otherwise have qualified for asylum to be swiftly expelled at the border with Mexico. The policy, introduced by the Trump administration in March 2020, has been used to expel migrants — including many asylum seekers — about 2.5 million times.
Demonstrators with PETA gather outside the Supreme Court of the United States and the high court hears oral arguments on a California law mandating better treatment of animals in food production is being challenged by the pork industry, on Tuesday, Oct. 11, 2022 in Washington, DC. The Supreme Court on Thursday rejected a challenge to a California animal welfare law that would ban the sale of pork derived from breeding pigs housed in confined spaces. "While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list," Gorsuch said. Lower courts upheld the measure, prompting the challengers to turn to the Supreme Court, which has a 6-3 conservative majority. The groups challenging the California law said in court papers that Proposition 12 "will transform the pork industry nationwide" because currently nearly all farmers keep sows in pens that do not comply with the law.
Here are answers to some key questions about Title 42, what’s happening on the ground and what could happen next. Migrants encountered under Title 42 have been either returned to their home countries or sent back into Mexico. What will happen at the border after Title 42 is lifted? Advocates say for many of those who were expelled under Title 42, the situation has been dire. The Title 42 border restrictions were controversial from the moment the Trump administration announced them.
Washington CNN —The Supreme Court agreed Monday to reconsider long held precedent and decide whether to significantly scale back on the power of federal agencies in a case that can impact everything from how the government addresses everything from climate change to public health to immigration. Conservative justices have long sought to rein in regulatory authority, arguing that Washington has too much control over American businesses and individual lives. The justices have been incrementally diminishing federal power but the new case would allow them to take a much broader stride. Clement argued that the agency exceeded its authority and needed direct and clear congressional authorization to make the demand. The regulation was put in place to combat overfishing of the fisheries off the coasts of the US.
Supreme Court protects access to abortion pill
  + stars: | 2023-04-21 | by ( Ariane De Vogue | ) edition.cnn.com   time to read: +7 min
CNN —The Supreme Court on Friday protected access to a widely used abortion drug by freezing lower-court rulings that placed restrictions on its usage. How the dispute over medication abortion is ultimately resolved could make it more difficult for women to obtain abortion, even in the states that still allow it. At issue is the scope of FDA’s authority to regulate mifepristone, a drug that the medical community has deemed safe and effective. The next step in the litigation will be a hearing in front of a New Orleans-based federal appeals court on May 17. The appeals court ultimately let stand the government’s approval of the drug, but agreed with Kacsmaryk that access could be limited.
Supreme Court lifts abortion pill restrictions for now
  + stars: | 2023-04-14 | by ( Spencer Kimball | ) www.cnbc.com   time to read: +1 min
U.S. Supreme Court Justice Samuel Alito on Friday temporarily blocked lower court rulings that imposed tighter restrictions on the abortion pill mifepristone. U.S. Judge Matthew Kacsmaryk of the U.S. Northern District of Texas suspended the Food and Drug Administration's approval of mifepristone last week. The U.S. 5th Circuit Court of Appeals blocked that part of Kacsmaryk's order and kept the FDA approval in place. But the appeals court temporarily re-imposed tighter restrictions on how mifepristone is used and distributed, which would make it more difficult for women to access the drug. She said the lower court rulings are the first time judges have repealed the conditions of an FDA drug approval based on a disagreement over the agency's judgement about safety.
The Justice Department and the abortion pill distributor Danco Laboratories on Friday asked the Supreme Court to block an order that threatens access to mifepristone, an escalation of a legal fight that could make it harder to undergo the procedure nationwide. But the appeals court voted 2-1 to temporarily reimpose restrictions on mifepristone, which will significantly limit access to the drug even in states where abortion is legal. Mifepristone, used in combination with another drug called misoprostol, is the most common method to terminate a pregnancy in the U.S., accounting for about half of all abortions. Misoprostol, which is used a standalone abortion drug in other parts of the world, is not impacted by the lower court rulings. Prelogar said the lower court rulings would immediately make all doses of mifepristone misbranded because their labelling would not be consistent with the FDA's original approval.
CNN —Supreme Court Justice Samuel Alito on Friday extended a hold on a lower court ruling that would have imposed restrictions on access to an abortion drug, a temporary move meant to give the justices more time to consider the issue. The case is the most important abortion-related dispute to reach the high court since the justices overturned Roe v. Wade last term. Alito issued a so-called administrative stay on the ruling while the high court considers an emergency appeal filed by the Biden administration and a manufacturer of the drug, mifepristone. Alito issued the order because he has jurisdiction over the federal appeals court involved in the case. Prelogar, the solicitor general, argued in her filing to the Supreme Court that the FDA’s expert judgment should not be challenged.
[1/2] U.S. Supreme Court Justice Ruth Bader Ginsburg delivers remarks during a discussion hosted by the Georgetown University Law Center in Washington, D.C., U.S., September 12, 2019. A rare meeting of the Supreme Court Bar, comprised of attorneys admitted to practice law before the court, featured speeches from people who worked closely with Ginsburg including U.S. Trump also appointed conservative Justices Neil Gorsuch in 2017 and Brett Kavanaugh in 2018. Appointed to the Supreme Court by Democratic President Bill Clinton in 1993, she provided key votes in landmark rulings securing equal rights for women, expanding gay rights and safeguarding abortion rights. Ginsburg was the second woman ever named to the court, after Justice Sandra Day O'Connor.
Student-loan lender SoFi filed a lawsuit to end the student-loan payment pause. The administration pushed back on the lawsuit, saying the payment pause is legal. Here are three reasons why SoFi thinks it's time for millions of student-loan borrowers to start paying off their debt. SoFi has suffered revenue loss from the payment pauseSoFi laid out direct harm the student-loan payment pause has caused its business. If the court does not end the entire student-loan payment pause, SoFi is asking that borrowers ineligible for broad relief reenter repayment and place a permanent injunction preventing the Education Department from giving those borrowers additional relief.
Supreme Court justices must first determine whether the cases blocking Biden's student-debt relief have standing. If they find there isn't standing, they aren't able to rule on whether the relief was an overreach of authority. The justices were skeptical of whether GOP-led states had standing to bring student-loan company MOHELA into their case. She agreed with Jackson when asked if they would be "breaking new ground" if they found the states have standing. The Supreme Court will issue a decision by June, when borrowers will find out if the justices' skeptical line of questioning on standing will hold up.
Student-loan company MOHELA played a central role in one of the cases seeking to block Biden's student-debt relief. All justices dug into whether the state of Missouri has standing to claim an injury to MOHELA is an injury to itself. Some experts said the company's involvement in the case could undermine plaintiffs' standing to sue. The states argued that Biden's debt relief would hurt their states' tax revenues, but that was an issue the Supreme Court justices barely questioned. "And two, that President Biden's debt relief plan would impact MOHELA such that MOHELA could not even start paying back its debts to the Lewis and Clark Fund."
Payment pause on federal student loans is still ongoingFederal student loan payments have been on pause since March 2020, when the coronavirus pandemic first hit the U.S. and crippled the economy. The Department of Education in November said the bills would resume 60 days after the litigation over its student loan forgiveness plan resolves. If the justices allow student loan forgiveness to go through, many borrowers will never have to restart payments. "Sixty days will be enough to forgive student loan debt if the president's plan survives," Kantrowitz said. A ruling against student loan forgiveness isn't the end
Justices on the bench hearing arguments about the student loan forgiveness program. Source: Bill HennessyThere were many tense moments Tuesday as the nine Supreme Court justices grilled the plaintiffs challenging the Biden administration's student loan forgiveness plan and the government attorney defending the policy. Six Republican-led states brought one lawsuit against the forgiveness plan, and conservative advocacy organization, the Job Creators Network Foundation, backed the second. Response to a 'once-in-a-century pandemic'The Heroes Act of 2003, which the Biden administration is using as its legal justification to carry out its student loan forgiveness program, authorizes the education secretary to "waive or modify" student loan programs during national emergencies to avoid borrower distress. Whether student loan forgiveness is 'fair'Supreme Court Justice Samuel Alito became frustrated with Prelogar at one point, accusing her of not answering his question on the fairness of the forgiveness plan.
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