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☆ John Roberts has a united Supreme Court on Trump. Now comes the hard part
▼ + stars: | 2024-02-09 | by ( Joan Biskupic | ) edition.cnn.com time to read: +7 min

Not since the 2000 case of Bush v. Gore has the Supreme Court been in the middle of an election battle of such potential magnitude. Several of the justices’ spouses, including Jane Roberts, wife of the chief justice, sat in a special guest session. Roberts’ criticism of the Colorado Supreme Court decision barring Trump was echoed by his colleagues, even as they varied in their constitutional grounds. Just as Roberts can set the tone for oral arguments, the chief justice presides over their private votes on cases. As he strives for consensus, Roberts is likely to try to keep any separate, concurring opinions to a minimum.

Persons: CNN —, John Roberts, Donald Trump, Roberts, comity, Bush, Gore, Jane Roberts, Mark Paoletta, Clarence Thomas, Ginni, Trump, Jason Murray, “, you’re, ” Murray, ” Roberts, United States …, Joe Biden, Jonathan Mitchell, ”, Brett Kavanaugh, Elena Kagan, Murray, ” Kagan Organizations: CNN, Republican, Democratic, Trump, Colorado Supreme, Colorado voters, United, Capitol, White, Liberal Locations: Colorado, United States, Wisconsin, Michigan

If the Supreme Court ultimately rules against Trump it would almost certainly end his campaign for another term. But because the court expedited the earlier stages of the Trump ballot case, it is likely the court will want to move quickly to decide the case, potentially within a matter of weeks. If Trump is removed from the ballot in Colorado, Roberts predicted that states would eventually attempt to knock other candidates out of future elections. Trump and his allies raised the case during their written arguments to the Supreme Court. “It’s by the chief justice of the United States a year after the 14th Amendment,” Kavanaugh said in a reference to Chase.

Persons: Donald Trump, John Roberts, –, Trump, Bush, Gore, George W, Brett Kavanaugh, Trump’s eligibly, Roberts, “ It’ll, ” Roberts, “, United States …, Kavanaugh, Griffin, Salmon Chase, ” Kavanaugh, Chase, CNN Jackson, Ketanji Brown Jackson, Joe Biden, ”, ’, ” Jackson, Elena Kagan, ” Kagan, – Jackson, Sonia Sotomayor, Kagan –, Jackson, didn’t, Jonathan Mitchell, ” Mitchell, Jason Murray, Jack Smith, Murray, Sharp, Kagan, “ It’s, Shannon Stevenson, Stevenson, Carlos Samour, could’ve Organizations: CNN, Trump, Capitol, United, Confederacy, Supreme, Union, Colorado, Colorado Supreme, Democratic Locations: Colorado, United States

“What do you do with the – what would seem to me to be – the plain consequences of your position?" Chief Justice John Roberts asked attorney Jason Murray, who argued on behalf of the Colorado voters who brought the lawsuit. “The reason we’re here is because Donald Trump tried to disenfranchise 80 million voters,” he said. The Colorado Supreme Court agreed, ruling that Trump's conduct amounted to engaging in "insurrection" in violation of Section 3. But it is not the last time the Supreme Court will be called upon to settle questions with an outsized impact on the 2024 election.

Persons: Donald Trump, Trump, John Roberts, Jason Murray, Roberts, you’re, That’s, ”, Brett Kavanaugh, Murray, Elena Kagan, Kagan, Ketanji Brown Jackson, Kavanaugh, ” Jackson Organizations: Republican, Colorado voters, Democratic, Donald Trump View, Trump, Coloradans, Citizens, GOP, Capitol, The, The Colorado Supreme Locations: Colorado, United States, Washington, The Colorado

WASHINGTON (AP) — The Supreme Court on Thursday heard two hours of historic arguments in a Colorado case to remove former President Donald Trump from the ballot. Murray gave well-rehearsed arguments that won the day in the Colorado Supreme Court, whose 4-3 ruling that Trump was ineligible got the case to Washington. Salmon Chase, who was then the chief justice of the Supreme Court, heard the case while acting as an appellate judge. Going into the case, the prevailing view of legal experts was the Supreme Court would keep Trump on the ballot. Would it mean a reelected President Trump suddenly becomes ineligible.

Persons: Donald Trump, “, TRUMP, Trump, Democrat Joe Biden, Elena Kagan, Samuel Alito, Brett Kavanagh, John Roberts, Jason Murray, Murray, Salmon Chase, Chase, weren’t, Kavanagh, Ketanji Brown, Jackson, Amy Coney Barrett, Trump's lawyeer, Jonathan Mitchell, Mitchell Organizations: WASHINGTON, Republican, U.S, Capitol, Democrat, Colorado Supreme Locations: Colorado, Washington, Virginia

☆ Lawyer for Colorado Voters Faced Tough Questions From His Former Bosses
▼ + stars: | 2024-02-08 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

It would be a daunting task for anyone making his first argument before the Supreme Court. He was also appearing before two of his former bosses: Justices Elena Kagan and Neil M. Gorsuch. After finishing Harvard Law School, he clerked for Justice Gorsuch, then a judge on the U.S. Court of Appeals for the 10th Circuit, and later spent a year working for Justice Kagan, finishing in 2014. Each pummeled Mr. Murray with a punishing barrage of questions. Justice Kagan pushed Mr. Murray on the implications of allowing Colorado to ban Mr. Trump, questioning what would happen if the state at the heart of the case were instead a swing state like Michigan or Wisconsin.

Persons: Donald J, Trump, Jason Murray, Elena Kagan, Neil M, Gorsuch, Justice Gorsuch, Justice Kagan, Barack Obama, Mr, Murray Organizations: Harvard Law School, U.S ., Appeals, Circuit, Trump, Colorado Supreme Locations: Colorado, Michigan, Wisconsin

☆ Trump 14th Amendment Supreme Court oral arguments: What to watch
▼ + stars: | 2024-02-08 | by ( John Fritze | ) edition.cnn.com time to read: +6 min

The court scheduled 80 minutes for the arguments that will kick off shortly after 10 a.m. Though the 14th Amendment was ratified in 1868, the court has never before wrestled with a claim based on the insurrection clause. The case, Trump v. Anderson, is on appeal from the Colorado Supreme Court, which in December ruled that the former president is no longer eligible to serve. Trump is simultaneously juggling four criminal prosecutions – including one that could reach the Supreme Court in coming days dealing with whether he can claim immunity from criminal prosecution. While the stakes for Trump are enormous, they are also significant for the Supreme Court.

Persons: Donald Trump’s, Bush, Gore, ”, Kermit Roosevelt, ” Trump, Anderson, Trump, Michael Gerhardt, John Roberts, Elena Kagan, Roberts, Sonia Sotomayor, Ketanji Brown Jackson, Kagan, Barack Obama, “ Roberts, ” Gerhardt, “, ” CNN’s Marshall Cohen Organizations: CNN, GOP, Trump, University of Pennsylvania Carey Law School, Supreme, Colorado Supreme, Capitol, University of North, Republican, New, Interplay Locations: Colorado, Maine, University of North Carolina, Iowa, New Hampshire

☆ How lawyers in the Trump ballot case are training for the Supreme Court arguments
▼ + stars: | 2024-02-02 | by ( Joan Biskupic | Cnn Senior Supreme Court Analyst | ) edition.cnn.com time to read: +10 min

Mitchell joined the case on behalf of Trump around the time arguments were underway at the Colorado Supreme Court. Georgetown’s Supreme Court Institute, for instance, relies heavily on attorneys who have served in the US solicitor general’s office, the government’s top lawyers before the Supreme Court. (The Institute, which operates on a non-partisan basis and offers its sessions for free, declined to comment on the Trump case arrangement.) Particularly valuable for any moot court, along with former members of the solicitor general’s office, are former Supreme Court law clerks. In that November 2021 controversy, the Supreme Court allowed Mitchell 10 minutes as an an intervenor on the Texas side.

Persons: Jason Murray, Donald Trump, Jonathan Mitchell, who’ve, Murray, Mitchell, It’s, ”, David Frederick, ” Frederick, Trump, John Roberts, Roberts, Amy Coney Barrett, Brett Kavanaugh, Elena Kagan, Samuel Alito, Anderson, Jack Dempsey, disqualifying, Bartlit Beck, Olson Grimsley, Kagan, Neil Gorsuch, Eric Olson, Sean Grimsely, Antonin Scalia, Roe, Wade . Kagan, Dobbs Organizations: CNN, Liberal, Trump, SPAN Murray, Colorado, Georgetown Law, Institute, Lawyers, Colorado Supreme, Organizers, Supreme, Harvard, Appeals, University of Chicago, Jackson, Health Organization Locations: Trump, Washington, Denver, Colorado, Texas

☆ Justice Sotomayor speaks on frustration following some Supreme Court rulings
▼ + stars: | 2024-01-29 | by ( Devan Cole | ) edition.cnn.com time to read: +3 min

CNN —Supreme Court Justice Sonia Sotomayor opened up on Monday about the “frustration” she said she experiences daily as the high court’s conservative supermajority continues to move the country further to the right. And as you heard, every loss truly traumatizes me in my stomach and in my heart. During Monday’s event, Sotomayor waded into other topics related to the court, including the impact of oral arguments on a justice’s vote. At one point, she criticized some criminal defense attorneys who she said have occasionally done a poor job of advocating before the high court. Because by the time you come to the Supreme Court, it’s not about your client anymore.

Persons: Sonia Sotomayor, ” Sotomayor, I’m, ”, Sotomayor, Donald Trump, “, Smith, ’ ”, Elena Kagan, Ketanji Brown Jackson, Kenneth Smith’s, Sotomayor waded, Neil Gorsuch, I’ll, it’s Organizations: CNN, University of California, Berkeley School of Law Locations: Alabama, “

☆ Alabama executes a man with nitrogen gas, the first time the new method has been used
▼ + stars: | 2024-01-26 | by ( Kim Chandler | Associated Press | ) www.businessinsider.com time to read: +8 min

It marked the first time that a new execution method has been used in the United States since lethal injection, now the most commonly used method, was introduced in 1982. After a chance to make a final statement, the warden, from another room, would activate the nitrogen gas. And experts appointed by the U.N. Human Rights Council cautioned they believe the execution method could violate the prohibition on torture. Three states — Alabama, Mississippi and Oklahoma — have authorized nitrogen hypoxia as an execution method, but no state had attempted to use the untested method until now. Smith's attorneys had raised concerns that he could choke to death on his own vomit as the nitrogen gas flows.

Persons: —, Kenneth Eugene Smith, Smith, gurney, I'm, Justice Sonia Sotomayor, Jeff Hood, Sotomayor, Elena Kagan, Justice Ketanji Brown Jackson, Hood, he's, Elizabeth Sennett, Sennett, Charles Sennett Jr, Mama, Charles Sennett, John Forrest Parker Organizations: Alabama, Service, —, U.S, Supreme, Justice, Prosecutors, WAAY, Catholic, Human Locations: Ala, — Alabama, Alabama, United States, Vatican, Rome, Mississippi, Oklahoma

☆ Alabama execution using nitrogen gas, the first ever, again puts U.S. at front of death penalty debate
▼ + stars: | 2024-01-26 | by ( ) www.cnbc.com time to read: +9 min

It marked the first time a new execution method was used in the U.S. since 1982, when lethal injection was introduced and later became the most common method. The state had predicted the nitrogen gas would cause unconsciousness within seconds and death within minutes. After he had a chance to make a final statement, the warden, from another room, was to activate the nitrogen gas. And experts appointed by the U.N. Human Rights Council cautioned they believe the execution method could violate the prohibition on torture. Smith's attorneys had raised concerns that he could choke to death on his own vomit as the nitrogen gas flows.

Persons: Abraham Bonowitz, Kenneth Smith, Kenneth Eugene Smith, Smith, gurney, Kay Ivey, Elizabeth Sennett, Ivey, Elizabeth Sennett's, Mike Sennett, Elizabeth Dorlene Sennett, Justice Sonia Sotomayor, Steve Marshall, John Q, Hamm, Jeff Hood, Hood, Sotomayor, Elena Kagan, Justice Ketanji Brown Jackson, he's, Sennett, John Forrest Parker, Charles Sennett Organizations: Holman Correctional, Alabama Gov, European Union, Human, EU, U.S, Supreme, State, Justice, Catholic, Prosecutors Locations: Columbus , Ohio, Holman, Atmore , Alabama, U.S, Alabama, United States, Geneva, gurney, Hamm, Vatican, Rome, Mississippi, Oklahoma

☆ The conservative legal world lines up behind Donald Trump at the Supreme Court
▼ + stars: | 2024-01-26 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —As Donald Trump wages a Supreme Court battle to stay on state presidential ballots, a potent contingent of the conservative legal world has united behind him. The new filings in the case of Trump v. Anderson also reinforce the tight world of Supreme Court lawyering. From the start, the Colorado voters trying to keep Trump off the ballot, and who won at the state Supreme Court level, have been represented by former US Supreme Court clerks who’ve become prominent advocates. In this screengrab from video, Jonathan Mitchell speaks during a panel on Supreme Court Justice Antonin Scalia's legacy in April 2016. A decision could come any day, and when that happens, the case of United States v. Trump would, no doubt, return to the justices.

Persons: Donald Trump, Jonathan Mitchell, Roe, Wade, Elena Kagan, Trump, who’ve, Noel Francisco, George W, Bush, John Yoo, Antonin Scalia, Clarence Thomas, Anderson, Mitchell, Thomas, Scalia, Jason Murray, Justice Kagan, Eric Olson, Sean Grimsley, John Paul Stevens, Sandra Day O’Connor, Joe Biden, “, United States …, ” Mitchell, United States ’, ”, Francisco, William Barr, Michael Mukasey, Edwin Meese, Trump’s, Antonin Scalia's, Scott Gessler, Jack Smith Organizations: CNN, Republican National Committee, GOP, Trump, Colorado, White, Colorado Supreme, Capitol, Confederate, United, National Republican, University of Chicago, Supreme, SPAN, Republican, Dhillon Locations: Texas, Colorado, United States

☆ Supreme Court Justices Roberts and Coney Barrett split with conservatives to give Biden a border win
▼ + stars: | 2024-01-22 | by ( Sonam Sheth | ) www.businessinsider.com time to read: +2 min

The Supreme Court cleared the way for federal agents to cut through barbed wire that Texas put up along the southern border. It's a huge win for the Biden administration in its border fight with Texas. AdvertisementTwo of the Supreme Court's conservative justices just handed Joe Biden a major win at the southern border. The 5-4 ruling is a huge win for the Biden administration, with Justices John Roberts and Amy Coney Barrett splitting with the court's other conservatives and siding with liberal justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson. The appeals court put that decision on hold while it reviewed the case, prompting the Biden administration to ask the Supreme Court to intervene.

Persons: John Roberts, Amy Coney Barrett, Biden, —, Joe Biden, Elena Kagan, Sonia Sotomayor, Ketanji Brown Jackson, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh Organizations: Texas, Service, US Border Patrol, Fifth Circuit, US Justice Department, Texas National Guard, Justice Department Locations: Texas, Rio Grande, Mexico

His spokesman said the absence of razor wire and other deterrents encourages migrants to risk unsafe crossings and makes the job of Texas border personnel more difficult. Political Cartoons View All 253 ImagesThe White House applauded the order, which was handed down after a federal appeals court last month had forced federal agents to stop cutting the concertina wire. Eagle Park has become one of the busiest spots on the southern U.S. border for migrants illegally crossing from Mexico. Abbott has said Texas won’t allow Border Patrol agents into Shelby Park anymore, having expressed frustration over what he says are migrants illegally entering through Eagle Pass and then federal agents loading them onto buses. Texas officials have argued that federal agents cut the wire to help groups crossing illegally through the river before taking them in for processing.

Persons: Biden, Greg Abbott, Abbott, ” Abbott, Andrew Mahaleris, Angelo Fernández Hernández, John Roberts, Amy Coney Barrett, Ketanji Brown Jackson, Elena Kagan, Sonia Sotomayor, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, ___ Weber, Valerie Gonzalez Organizations: WASHINGTON, Border Patrol, U.S, Justice Department, Texas Gov, Republican, House, Texas Military Department, Eagle, Shelby, Border, Texas, Associated Press Locations: Texas, U.S, Mexico, Rio, Eagle, Austin , Texas, McAllen , Texas

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

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

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

☆ Purdue mess pits drug victims against due process
▼ + stars: | 2023-12-05 | by ( Robert Cyran | ) www.reuters.com time to read: +3 min

That’s the dilemma currently facing the parties involved in the case regarding Purdue Pharma, including states, individuals, and the company’s founding Sackler family. According to the lawsuit, the family withdrew $11 billion from Purdue, but only contributed $6 billion to the settlement. Side with the DOJ, and the Supreme Court could clean up the bankruptcy process that often shields individuals and companies. For now, though, either the victims of the opioid epidemic will have to wait, or those wanting to end bankruptcy shields will. Follow @rob_cyran on XCONTEXT NEWSThe Supreme Court heard arguments on Dec. 4 over whether to approve the Purdue Pharmaceuticals bankruptcy agreement.

Persons: Sackler, Elena Kagan, Neil Gorsuch, Kagan, Gorsuch, Brett Kavanaugh, They’ve, Lauren Silva Laughlin, Sharon Lam Organizations: Reuters, U.S, Supreme, Purdue Pharma, U.S . Department of Justice, Purdue, Liberal, DOJ, Purdue Pharmaceuticals, Thomson

☆ Supreme Court won’t resolve case concerning self-appointed ‘tester’ of Americans with Disabilities Act
▼ + stars: | 2023-12-05 | by ( Devan Cole | ) edition.cnn.com time to read: +5 min

The court decided the case was moot after the plaintiff at the center of the dispute, Deborah Laufer, dropped her lawsuit. We are not convinced, however, that Laufer abandoned her case in an effort to evade our review,” Barrett wrote. Jackson reiterated her concerns about when the court should and should not vacate lower-court rulings when a case becomes moot on appeal. Though the justices weighed that question during oral arguments, they spent a considerable amount of time trying to figure out if they should resolve the issue at all. The defendant’s website, everybody agrees, is now in compliance with the ADA,” liberal Justice Elena Kagan said during oral arguments.

Persons: Deborah Laufer, Acheson Hotels, Amy Coney Barrett, Laufer, ” Barrett, “, Acheson, Clarence Thomas, Ketanji Brown Jackson, Thomas, Jackson, didn’t, Elena Kagan, ”, Samuel Alito, ” Laufer, Adam Unikowsky, John Roberts, hasn’t, Kelsi Corkran, Corkran Organizations: CNN, Acheson Locations: Maine

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

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

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

WASHINGTON (AP) — One fall day in 2010, retired Supreme Court Justice Sandra Day O’Connor slipped into the courtroom where she worked for nearly 25 years to take in an “amazing” sight. That was pretty amazing.”O’Connor lived to see four women serve at the same time on the Supreme Court. Political Cartoons View All 1277 ImagesO’Connor, who left the court in 2006, died Friday in Phoenix of complications related to advanced dementia and a respiratory illness, the Supreme Court said. “I had never expected or aspired to be a Supreme Court justice. —-Richard Carelli, a former Supreme Court reporter for The Associated Press who is now retired, contributed to this story.

Persons: Sandra Day O’Connor, O’Connor, “, ” O’Connor, Ronald Reagan, Samuel Alito, wasn’t, John, Donald Trump's, Alito, O'Connor, ”, Sandra Day, Bill Clinton, Ruth Bader Ginsburg, “ I’m Sandra, Ruth, ” Ginsburg, Barack Obama, Sonia Sotomayor, David Souter, “ It’s, Obama, Elena Kagan, Trump, Amy Coney Barrett, Ginsburg, Stephen Breyer, Ketanji Brown Jackson, she'd, SCOTUS, ” Ruth McGregor, O’Connor’s, Mary, David Letterman’s, Jon Stewart, John O’Connor, Scott, Brian, Jay, Potter Stewart, Richard Carelli Organizations: WASHINGTON, New York Times, Iraq, College of William, CBS, Supreme, Associated Press Locations: Phoenix, Arizona, Washington, United States, Virginia, Los Angeles

☆ Opinion | An Old Hate Cracks Open on the New Right
▼ + stars: | 2023-11-19 | by ( David French | ) www.nytimes.com time to read: +9 min

A dam burst last week on the right, and a wave of grotesque antisemitism poured out all over the internet. Some of these people worked for the right wing’s biggest names, including Tucker Carlson, Ron DeSantis and Donald Trump. On Nov. 3, Owens posted on social media, “No government anywhere has a right to commit a genocide, ever. And maybe he loves Israel and he loves America too.” Owens, he said, “is a bit more America first. And finally, the term “America First,” popular with the New Right and the older, Lindbergh right, has always been misleading.

Persons: Tucker Carlson, Ron DeSantis, Donald Trump, Ben Shapiro, Candace Owens, Owens, Israel, Shapiro, Jason Whitlock, ” Owens, “, ” “ I’m, ”, Elon Musk, X —, Charlie Kirk, Kirk, Charles Lindbergh, Lindbergh, Roosevelt, Pat Buchanan, Richard Nixon, William F, Buckley Jr, Buchanan, Elena Kagan, ” Buchanan, Nicole Hemmer, Reaganism, haltingly Organizations: Daily Wire, Daily, Twitter, America, Harvard, Jewish, Republican Party, Republican, Israeli Defense Ministry, New Locations: America, Israel, Pittsburgh, Iraq, United States

☆ Opinion | We Waited 200 Years for This Supreme Court Ethics Code?
▼ + stars: | 2023-11-14 | by ( Jesse Wegman | ) www.nytimes.com time to read: +3 min

“One of the themes we’ve heard from Chief Justice Roberts and others is essentially this message of: Just trust us. In recent months, Justices Elena Kagan and Amy Coney Barrett have publicly supported the adoption of an ethics code. The most glaring defect of the new code is its complete lack of any enforcement power. And yet the absence of any discipline or enforcement was the central flaw that led to calls for an ethics code in the first place. “A justice should not allow family, social, political, financial or other relationships to influence official conduct or judgment.” Well, sure.

Persons: we’ve, Justice Roberts, ” Alicia Bannon, Elena Kagan, Amy Coney Barrett, ”, bender, What’s, —, Thomas, Alito Organizations: Brennan Center for Justice, Times

People walk across the plaza of the U.S. Supreme Court building on the first day of the court's new term in Washington, U.S. October 3, 2022. The court takes up appeals when at least four of its nine justices agree to hear a case. Jackson described Johnson's solitary confinement as "unusually severe," noting that "prison officials completely deprived Johnson of exercise for nearly all of his incarceration" at Pontiac Correctional Center. Johnson has a history of mental illness, including depression and bipolar disorder, and suicide attempts, according to his lawyers. Johnson sought monetary damages, medical treatment and other relief in the lawsuit accusing prison officials of violating the Eighth Amendment by denying him exercise for a prolonged period.

Persons: Jonathan Ernst, Michael Johnson's, Johnson, Justice Ketanji Brown Jackson, Sonia Sotomayor, Elena Kagan, Jackson, Kwame Raoul, Daniel Greenfield, compulsively, Johnson's, John Kruzel, Andrew Chung, Will Dunham Organizations: U.S, Supreme, REUTERS, Rights, Pontiac Correctional Center, Illinois Democratic, Circuit, Thomson Locations: Washington , U.S, Illinois, Chicago, Washington, New York

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

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

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

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

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

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

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

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

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

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

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

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