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☆ Analysis: The Supreme Court just gave presidents a superpower. Here’s its explanation
▼ + stars: | 2024-07-01 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +14 min

But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. Juries can’t even consider official acts in terms of a prosecution, according to the Supreme Court. This case poses a question of lasting significance: When may a former President be prosecuted for official acts taken during his Presidency? She said they could easily have expressed that some of Trump’s conduct was unofficial. Sorting private from official conduct sometimes will be difficult—but not always.

Persons: Donald Trump’s, Trump, John Roberts, Here’s Roberts, ”, Roberts, ’, –, Jack Smith’s, John Sauer, Amy Coney Barrett, Barrett, Mike Pence, Pence, they’re, George Washington’s, Smith, Clarence Thomas, “, …, Sonia Sotomayor, Trump’s, Sotomayor Organizations: CNN, Trump, Branch, Capitol, Supreme, Government, Founders Locations: Washington ,, Washington, United States

☆ BET Awards 2024: See who won
▼ + stars: | 2024-06-30 | by ( Dan Heching | ) edition.cnn.com time to read: +5 min

CNN —The BET Awards kicked off on Sunday night with an electric performance by the one and only Megan Thee Stallion. The event, hosted by Taraji P. Henson, celebrates the best in Black entertainment, across music, film, television and sports. Nicki Minaj follows closely with six nods, including album of the ear for “Pink Friday 2,” best female hip-hop artist two best collaboration nominations, one with Lil Uzi Vert on “Everybody” and another for “Barbie World” with Ice Spice and Aqua. Will Smith, Lauryn Hill and Childish Gambino are among the scheduled performers.. ET on Sunday on BET and BET.com.

Persons: Megan Thee Stallion, Taraji P, Henson, Drake, ”, J, Cole, “ Rich, Daddy, Nicki Minaj, Lil Uzi, “, Will Smith, Lauryn Hill, Childish Gambino, Usher, Chris Brown, Victoria Monét Michael, Mike Pink, Beyoncé Coco Jones, Muni, Brent Faiyaz Bryson Tiller, Chris Brown Drake, London Usher, Ty Dolla, Lil Wayne, FLO, Lil Durk, Cole “, Kendrick Lamar “, Megan Thee, Rich, Lola Brooke, Latto, Yung Miami, Uzi, Summer Walker, Savage, Daddy ”, Sexyy, Cardi, Gunna J, Cole Kendrick Lamar Lil Wayne, Cole “ Barbie, ” – Drake, ” – Usher, Monét, Boom Child, Cole Bennett Dave Meyers Janelle Monáe, Alan Ferguson, Tyler, 4Batz Ayra Starr, Dlow, BOBBY JONES, Shirley Caesar “, Kirk Franklin, Angel ”, Halle Bailey “, CeCe Winans, Erica Campbell, Naomi Raine, Chandler Moore, Jack Harlow “, Davido, Lojay, Aya Nakamura, Ayra Starr, Cleo Sol, Karol Conká, RAYE, Holly G, Seyi, Tasha Cobbs Leonard, Missy Elliott “ Hiss, Bob Marley, Beyoncé ”, Clarence ” “, Anthony Mackie Colman Domingo Damson Idris Denzel Washington Donald Glover Idris Elba Jeffrey Wright, Stanfield, Angela Bassett Ayo Edebiri Coco Jones Danielle Brooks Fantasia Halle Bailey Issa Rae Regina King YOUNGSTARS, Akira Akbar Blue Ivy Carter Demi Singleton, Diana Harris JaBria, Jalyn, Leah Jeffries Van Van, Wilson Angel Reese Coco Gauff Flau’jae Johnson Juju Watkins Naomi Osaka Sha’Carri Richardson Simone, Anthony Edwards Gervonta Davis Jalen Brunson, Irving LeBron James Patrick Mahomes Stephen Curry Organizations: CNN, BET, “, Spice, Kanye, BEST, OF, BOBBY JONES BEST, Maverick City, ACT, BK ’ Locations: London, Texas, Africa, France, Brazil, Tyla, Jungeli, Makhadzi

☆ Oral dissents are back in vogue at the Supreme Court as liberals lament latest rulings
▼ + stars: | 2024-06-29 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —As the conservative Supreme Court majority has won case after case in recent days, liberal dissenters are having their moment in the courtroom. Other justices stared out at spectators or down at notes, perhaps anticipating the next opinions, and dissents, to be revealed. The court majority reversed a 1984 milestone that required judges to defer to reasonable agency interpretations of their congressional mandates. Her oral dissent lasted nearly 15 minutes, about five minutes longer than Roberts’ rendition of the majority opinion. They begin with the author of the majority opinion delivering the facts of the case, law involved, and the resolution.

Persons: Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Neil Gorsuch, Sotomayor, ”, “, ” Gorsuch, John Roberts, Kagan, Roberts, They’ve, Kagan’s, ” Kagan, Roe, Wade, Gorsuch, Sotomayor’s, Antonin Scalia, Jackson, Amy Coney Barrett, Barrett, improvidently, Samuel Alito, Clarence Thomas, ” Alito, Biden, chiding Organizations: CNN, Friday, Natural Resources Defense, “, Securities and Exchange Commission, SEC, US Justice Department, Labor, Conservative Locations: Oregon, Grants, American, Idaho

☆ Justices Thomas and Alito Ignored Calls for Recusal in Jan. 6 Case
▼ + stars: | 2024-06-28 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: +1 min

Justices Clarence Thomas and Samuel A. Alito Jr., rejecting calls for their disqualification, participated in the case, siding with a member of the mob that stormed the Capitol on Jan. 6, 2021. Experts in legal ethics have said that the activities of the justices’ wives raised serious questions about their impartiality. Virginia Thomas, known as Ginny, helped shape the effort to overturn the 2020 election. But he recused himself in October from a case concerning John Eastman, a conservative lawyer who had advised Mr. Trump. Justice Thomas, for whom Mr. Eastman had served as a law clerk, gave no reasons for his decision to disqualify himself from that case.

Persons: Clarence Thomas, Samuel A, Alito Jr, Virginia Thomas, Ginny, “ Biden, Ms, Thomas, Mark Meadows, Donald J, Trump’s, John Eastman, Trump, Justice Thomas, Eastman Organizations: Capitol

☆ Supreme Court Rejects Liability Shield at Center of Purdue Pharma Settlement
▼ + stars: | 2024-06-27 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The Supreme Court ruled on Thursday that members of the wealthy Sackler family cannot be shielded from lawsuits over their role in the opioid crisis as part of a bankruptcy settlement that would channel billions of dollars to victims and their families. In a 5-to-4 decision, written by Justice Neil M. Gorsuch, a majority of the justices held that the federal bankruptcy code does not authorize a liability shield for third parties in bankruptcy agreements. Justice Gorsuch was joined by Justices Clarence Thomas, Samuel A. Alito Jr., Amy Coney Barrett and Ketanji Brown Jackson. In a strongly worded dissent, Justice Brett M. Kavanaugh wrote that the “decision is wrong on the law and devastating for more than 100,000 opioid victims and their families.” He was joined by Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor and Elena Kagan. The decision jeopardizes a carefully negotiated settlement Purdue and the Sacklers had reached in which members of the family promised to give up to $6 billion to states, local governments, tribes and individuals to address a devastating public health crisis.

Persons: Sackler, Justice Neil M, Gorsuch, Clarence Thomas, Samuel A, Alito Jr, Amy Coney Barrett, Ketanji Brown Jackson, Brett M, Kavanaugh, John G, Roberts Jr, Sonia Sotomayor, Elena Kagan Organizations: Chief, Purdue

☆ Supreme Court allows emergency abortions in Idaho for now
▼ + stars: | 2024-06-27 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +6 min

A group of doctors join abortion rights supporters at a rally outside the Supreme Court on April 24, 2024 in Washington, DC. The court dismissed an appeal brought by Idaho officials, meaning a lower court ruling that allows doctors in the state to perform abortions in emergency situations remains in effect for now. The legislation, known as the Defense of Life Act, went into effect in 2022 when the Supreme Court rolled back Roe. The Supreme Court in January allowed Idaho to enforce the provisions while agreeing to hear oral arguments in the case. The emergency room dispute is one of two abortion cases the Supreme Court considered this term, both of which arose in the aftermath of the 2022 decision to overturn Roe.

Persons: WASHINGTON —, Ketanji Brown Jackson, Samuel Alito, Clarence Thomas, Neil Gorsuch, Alito, Biden, Amy Coney Barrett, Elena Kagan, Donald Trump, Roe, Wade, Lynn Winmill Organizations: WASHINGTON, Conservative, Liberal, Defense, Labor, U.S, Circuit, Supreme, Food Locations: Washington , DC, Idaho, U.S, San Francisco

☆ Justices Appear to Mistakenly Reveal a Key Abortion Ruling
▼ + stars: | 2024-06-26 | by ( Matthew Cullen | ) www.nytimes.com time to read: +1 min

The Supreme Court seems poised to temporarily allow emergency abortions in Idaho when a woman’s health is at risk, according to a copy of what appeared to be the court’s opinion that was posted today, and then removed, from the court’s website. The majority’s unsigned opinion said that the case was “dismissed as improvidently granted” — rather than decided on merits — according to the 22-page document, which was published this afternoon by Bloomberg News. Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. A spokeswoman for the Supreme Court said that the document had been “inadvertently” uploaded by its publications unit. It would be the second time this term that the justices have deflected ruling on the merits of abortion.

Persons: “, improvidently, ” —, Samuel Alito, Clarence Thomas, Neil Gorsuch Organizations: Bloomberg News Locations: Idaho

☆ On Guns, the Supreme Court Steps Back - The New York Times
▼ + stars: | 2024-06-26 | by ( Linda Greenhouse | ) www.nytimes.com time to read: +1 min

The nine members of the Supreme Court peered over a precipice. They could apply their two-year-old gun-rights precedent, as a lower court had, and declare unconstitutional a federal law aimed at keeping guns out of the hands of individuals under court-issued restraining orders for domestic violence. If they endorsed such an extreme outcome, they knew, they would be taking down not only a 30-year-old law but also perhaps even the court itself, already at a near low in public esteem. But it’s impossible to see the outcome in United States v. Rahimi as anything other than an exercise in institutional self-preservation. While Chief Justice John Roberts’s majority opinion garnered eight votes, five members of his majority felt impelled to express their own contrasting if not exactly conflicting views in separate opinions.

Persons: Clarence Thomas, John Roberts’s Locations: United States

☆ Supreme Court Rejects Challenge to Biden Administration’s Contacts With Social Media Companies
▼ + stars: | 2024-06-26 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

The Supreme Court handed the Biden administration a major practical victory on Wednesday, rejecting a challenge to its contacts with social media platforms to combat what administration officials said was misinformation. The court ruled that the states and users who had challenged the contacts had not suffered the sort of direct injury that gave them standing to sue. The decision, by a 6 to 3 vote, left fundamental legal questions for another day. “For months,” Justice Alito wrote, “high-ranking government officials placed unrelenting pressure on Facebook to suppress Americans’ free speech. Because the court unjustifiably refuses to address this serious threat to the First Amendment, I respectfully dissent.”

Persons: “, Amy Coney Barrett, ”, Samuel A, Alito Jr, Clarence Thomas, Neil M, Gorsuch, Alito, unjustifiably Organizations: Court, Biden, Facebook

☆ Supreme Court allows White House to press social media companies to remove disinformation
▼ + stars: | 2024-06-26 | by ( John Fritze | Brian Fung | ) edition.cnn.com time to read: +7 min

CNN —The Supreme Court on Wednesday said the White House and federal agencies such as the FBI may continue to urge social media platforms to take down content the government views as misinformation, handing the Biden administration a technical if important election-year victory. Republican officials in two states – Missouri and Louisiana – and five social media users sued over that practice in 2022, arguing that the White House did far more than “persuade” the tech giants to take down a few deceptive items. That might include, the justices theorized, social media threats targeting public figures or disclosures of sensitive information about US troops. The case arrived at the high court at a time when the government has repeatedly warned of foreign efforts to use social media to influence elections. The jawboning case was one of several high-profile matters the court is deciding at intersection of the First Amendment and social media.

Persons: Biden, Amy Coney Barrett, “, ” Barrett, ” Biden, –, Hunter, John Roberts, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Ketanji Brown Jackson, Alito, Samel Alito, Clarence Thomas, Neil Gorsuch, ”, ” Alito, ’, unjustifiably, Vivek Murthy, Roe, Wade, Roberts, Kavanaugh, Barrett Organizations: CNN, White, FBI, Biden, Department of Homeland Security, Facebook, Republican, Centers for Disease Control, Infrastructure Security Agency, Supreme, National Intelligence Locations: – Missouri, Louisiana, Florida, Texas

☆ Early divisions signal bitter internal conflicts as Supreme Court turns toward final decisions
▼ + stars: | 2024-06-25 | by ( John Fritze | ) edition.cnn.com time to read: +9 min

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

☆ Opinion | Gay Marriage Was a Big Missed Opportunity
▼ + stars: | 2024-06-24 | by ( Omar G. Encarnación | ) www.nytimes.com time to read: +1 min

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

☆ Our contributors rewatched the 2020 Biden-Trump debates for clues. Here’s what they predict will happen Thursday
▼ + stars: | 2024-06-24 | by ( Cnn Opinion | ) edition.cnn.com time to read: +27 min

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

☆ Clarence Thomas' originalist interpretations go too far, even for fellow conservatives
▼ + stars: | 2024-06-23 | by ( Katherine Tangalakis-Lippert | Lloyd Lee | ) www.businessinsider.com time to read: +5 min

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

☆ Opinion | Clarence Thomas and John Roberts Are at a Fork in the Road
▼ + stars: | 2024-06-23 | by ( David French | ) www.nytimes.com time to read: +2 min

Two years ago, when the Supreme Court decided New York State Rifle and Pistol Association, Inc. v. Bruen, it created a jurisprudential mess that scrambled American gun laws. On Friday, not only did the cleanup begin, but the Supreme Court cleared the way for one of the most promising legal innovations for preventing gun violence: red flag laws. Before Bruen, lower courts had struggled to establish a uniform legal test for evaluating gun restrictions, and the Supreme Court hadn’t provided any clarity. Justice Clarence Thomas wrote the majority opinion in a 6-to-3 decision split along ideological lines. Under a fair reading of Thomas’s opinion, lower courts would be hard pressed to uphold any gun restriction unless you could point to an obvious historical match.

Persons: Brett Kavanaugh, hadn’t, Clarence Thomas Organizations: Supreme, New York State, Inc, ” Locations: Bruen

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 Law Disarming Domestic Abusers
▼ + stars: | 2024-06-21 | by ( Adam Liptak | ) www.nytimes.com time to read: 1 min

The Supreme Court ruled on Friday that the government may disarm a Texas man subject to a domestic violence order, limiting the sweep of its earlier blockbuster decision that vastly expanded gun rights. That decision, issued in 2022, struck down a New York law that put strict limits on carrying guns outside the home. The new case, United States v. Rahimi, explored the scope of that new test. Only Justice Clarence Thomas, the author of the majority opinion in the 2022 decision, dissented. Writing for the majority, Chief Justice John G. Roberts Jr. said that Second Amendment rights had limits.

Persons: Clarence Thomas, John G, Roberts Jr Locations: Texas, New York, United States

☆ Supreme Court upholds law barring domestic abusers from owning guns in major Second Amendment ruling
▼ + stars: | 2024-06-21 | by ( John Fritze | ) edition.cnn.com time to read: +5 min

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

☆ The Supreme Court Upheld a Law Disarming Domestic Abusers
▼ + stars: | 2024-06-21 | by ( Matthew Cullen | ) www.nytimes.com time to read: +1 min

The Supreme Court, in an 8-to-1 decision, ruled today that the government can take guns away from people subject to restraining orders for domestic violence. In particular, a 2022 ruling from the court vastly expanded Second Amendment rights and created a new test to assess gun laws by looking at historical practices to judge their constitutionality. Using that test, a federal judge had ruled that it was unconstitutional to take guns from domestic abusers. But today, Chief Justice John Roberts, writing for the majority, said that Second Amendment rights do have limits. He argued that the government has a better way to disarm dangerous people: by prosecuting them for criminal violence.

Persons: John Roberts, ”, Clarence Thomas

☆ Supreme Court upholds domestic violence gun restriction
▼ + stars: | 2024-06-21 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +4 min

Activists rally outside the U.S. Supreme Court before the start of oral arguments in the United States v. Rahimi second amendement case in Washington on Tuesday, November 7, 2023. The Supreme Court on Friday upheld a federal law that prohibits people subjected to domestic violence restraining orders from having firearms, taking a step back from its recent endorsement of a broad right to possess a gun. The court on an 8-1 vote ruled in favor of the Biden administration, which was defending the law — one of several federal gun restrictions currently facing legal challenges. He argued that he cannot be prosecuted under the federal gun possession restriction in light of what the Supreme Court concluded. But the case before the justices concerns his separate prosecution by the Justice Department for violating the federal gun possession law.

Persons: Biden, John Roberts, Clarence Thomas, Hunter Biden, Joe Biden's, Ketanji Brown Jackson, Joe Biden, Zackey, Rahimi's, Rahimi Organizations: U.S, Supreme, New York State, Justice Department, Circuit, Appeals Locations: United States, Washington, Texas, Arlington , Texas, New Orleans

☆ Justices uphold Trump tax on overseas investments in win for Biden
▼ + stars: | 2024-06-20 | by ( John Fritze | Tami Luhby | ) edition.cnn.com time to read: +5 min

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

☆ Texas councilwoman can sue over arrest she claims was politically motivated, Supreme Court rules
▼ + stars: | 2024-06-20 | by ( John Fritze | ) edition.cnn.com time to read: +4 min

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

☆ Supreme Court Allows Suit Over Arrest Said to Be Politically Motivated
▼ + stars: | 2024-06-20 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

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

☆ 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

☆ The Supreme Court’s approach on ‘history and tradition’ is irking Amy Coney Barrett
▼ + stars: | 2024-06-19 | by ( Devan Cole | John Fritze | ) edition.cnn.com time to read: +10 min

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

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