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☆ Opinion | There’s No Sense of Shame at the Supreme Court
▼ + stars: | 2024-05-21 | by ( Jesse Wegman | ) www.nytimes.com time to read: +1 min

An earlier generation of Supreme Court justices seemed to possess the capacity for shame. In 1969, Justice Abe Fortas resigned his seat for accepting a $20,000 consulting fee (which he returned) from a foundation led by a man who was convicted of securities fraud. Whatever Justice Fortas believed about his own honor and morality, he understood that the Supreme Court is an inherently fragile institution, and that its nine justices cannot afford the slightest whiff of bias or corruption. They are saying, in effect, that they don’t care if any of this bothers you. To go by recent polls showing that this court’s public approval has approached record lows, it bothers many millions of Americans.

Persons: Abe Fortas, Justice Fortas, “, Samuel Alito, Clarence Thomas Locations: Washington

☆ Opinion | Justice Alito Is a True Believer
▼ + stars: | 2024-05-21 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +2 min

In a large part of American political discourse, overt cynicism is the currency of sophistication. It is a sign of political savviness, even worldliness, to know that politicians are creatures of pure self-interest, with no solid beliefs, concerns or preoccupations. For years, the savviest position was the cynical one: Their vocal opposition notwithstanding, neither Republican lawmakers nor conservative judges would actually try to overturn Roe v. Wade. And public cynicism notwithstanding, they want to do this even if it costs them votes in the short term. The same was and remains true for Republicans and abortion.

Persons: Roe, Wade, ”, William Saletan, suburbanites, pare Organizations: Republican, Democratic Party, Democratic Locations: Slate

☆ Supreme Court Justice Alito sold Bud Light stock, then bought Coors during boycott
▼ + stars: | 2024-05-20 | by ( Kevin Breuninger | ) www.cnbc.com time to read: +4 min

United States Supreme Court Associate Justice Samuel Alito poses for an official portrait at the East Conference Room of the Supreme Court building on October 7, 2022 in Washington, DC. Supreme Court Justice Samuel Alito sold shares of beer giant Anheuser-Busch InBev as conservatives were ditching the Bud Light brewer over its partnership with a transgender social media influencer . The Supreme Court did not immediately respond to CNBC's request for comment on Alito's transaction report or the timing of his stock activity. In May 2023, Modelo replaced Bud Light as the top-selling beer in the U.S. Data from around that time showed sales of Bud Light had dropped nearly 25% year over year. Roth noted that the beer companies in question have no pending business before the Supreme Court that he can think of.

Persons: Samuel Alito, Alito, Bud Light, Busch, influencer Dylan Mulvaney, Mulvaney, —, Martha, Ann Alito, Gabe Roth, " Roth, Roth Organizations: East, Anheuser, Busch, Molson Coors, Supreme, Busch InBev, Bud, Modelo, InBev, Coors, Blacks, New York Times, Trump, U.S . Capitol, Times, CNBC, Bud Light Locations: Washington , DC, U.S

☆ Opinion | Justice Alito’s Blame-the-Wife Defense Never Goes Out of Style
▼ + stars: | 2024-05-20 | by ( Jennifer Weiner | ) www.nytimes.com time to read: +1 min

In seeking to shift their own controversies onto their marital partners, Justice Samuel Alito and Senator Robert Menendez joined a tradition that extends across party lines and stretches back through the centuries. First up: Justice Alito, who was presented with photographs of an upside-down flag flying in front of his house. Justice Alito bravely, manfully, clearly announced to the world that his wife did it. “I had no involvement whatsoever in the flying of the flag,” Justice Alito told The Times, in an emailed statement. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

Persons: Samuel Alito, Robert Menendez, we’d, Justice Alito, Biden’s, manfully, “, Alito, ” Organizations: Capitol, ”, Times Locations: Washington

☆ The Mrs. defense: powerful men blaming their wives
▼ + stars: | 2024-05-18 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +5 min

“I had no involvement whatsoever in the flying of the flag,” Alito said in a written statement to The New York Times, which first reported the story this week. A Supreme Court justice being unmasked as having a partisan tilt wouldn’t be illegal – just awkward and icky. Shannon Stapleton/ReutersCouples behaving badlyFormer Rep. Duncan Hunter, a California Republican, pioneered the Mrs. defense when he and his wife were both accused of funneling campaign funds for private use. A unanimous US Supreme Court, including Alito, later vacated the governor’s conviction and narrowed the scope by which prosecutors can pursue bribery allegations. The Mrs. defense could conceivably be turned on its head and used by a powerful woman to blame her husband.

Persons: Samuel Alito doesn’t, Joe Biden, Donald Trump, Alito, “, ” Alito, Ann, Alito won’t, Clarence Thomas ’, Ginni, Thomas, Menendez ‘, Sen, Bob Menendez, Nadine, Menendez, Nadine Menendez, Menendez’s, Shannon Stapleton, Duncan Hunter, Margaret, Trump, Henry Cuellar, Imelda, ”, . Cuellar, Jesse Jackson Jr, Sandra, Bob McDonnell, Maureen, Cori Bush, Bush, Kim Taylor, Jeremy Taylor Organizations: CNN, New York Times, House, New, New Jersey Democrat, California Republican, Texas Democrat, Illinois Democrat, Former Virginia Gov, Republican, Missouri Democrat, Supervisors Locations: New Jersey, New York, Manhattan, New York City, California, Texas, Illinois, Missouri, Washington, Iowa, Woodbury County

☆ Justice Samuel Alito blames upside-down American flag on his wife and a flap with neighbors
▼ + stars: | 2024-05-17 | by ( John Fritze | Holmes Lybrand | ) edition.cnn.com time to read: +7 min

Alito said that a neighbor had posted a sign saying “F**k Trump” near a school bus stop and then a sign attacking his wife, Martha-Ann Alito. The upside-down flag was a symbol for former President Donald Trump’s supporters who falsely claimed widespread fraud in the presidential election. A spokeswoman for the Supreme Court has not respond to CNN’s requests for comment. “Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias,” Durbin said in a statement. Renewed calls for ethics reformThe Supreme Court is weighing major cases this term tied to the 2020 election and the attack on the Capitol.

Persons: Samuel Alito, Alito, Martha, Ann Alito, Fox, Donald Trump’s, Tim Walz, “ I’m, Joe Biden’s, “, ”, “ It’s, Trump, Hank Johnson, Clarence Thomas, ” MAGA, Thomas, ” Johnson, ” Sen, Dick Durbin, ” Durbin, Sen, Tom Cotton, Carolina Sen, Lindsey Graham, Jack Smith’s, John Roberts, Sheldon Whitehouse, ” Whitehouse, Roe, Wade, Renee Knake Jefferson, ” Jefferson Organizations: CNN, Fox News, Trump, Democratic, Capitol, Minnesota Gov, New York Times, Times, Gadsden, Georgia Democrat, Committee, Illinois Democrat, Republicans, Arkansas Republican, Republican, Congress, Supreme, Rhode, Rhode Island Democrat, ”, University of Houston Law Center Locations: Minnesota, Alexandria , Virginia, Washington, DC, Georgia, House, Arkansas, ”, Carolina, Rhode Island

☆ Take My Wife, Please: For Political Damage Control, Just Blame Your Spouse
▼ + stars: | 2024-05-17 | by ( Rebecca Davis O Brien | Reid J. Epstein | ) www.nytimes.com time to read: +1 min

It is a tale as old as Adam and Eve: A husband, faced with accusations of misconduct, blames the wife. It is also a time-honored, bipartisan political strategy. This week, Justice Samuel A. Alito Jr. and Senator Bob Menendez of New Jersey pointed ringed fingers at their wives for episodes that have landed each man in political or legal trouble. The justice’s wife, Martha-Ann Alito, was in a feud with neighbors at the time over an anti-Trump sign, The Times reported. In the case of Mr. Menendez, a Democrat, it was his lawyer who did the finger pointing.

Persons: Adam, Samuel A, Alito Jr, Bob Menendez, Alito, ”, Donald J, Trump’s, Biden’s, Martha, Ann Alito, Menendez, Avi Weitzman Organizations: Bob Menendez of New, New York Times, Times, Democrat Locations: Bob Menendez of, Bob Menendez of New Jersey, Manhattan

☆ Supreme Court Justice Alito urged to step off Trump election case over U.S. flag controversy
▼ + stars: | 2024-05-17 | by ( Dan Mangan | ) www.cnbc.com time to read: +1 min

Associate Justice Samuel Alito poses during a group photo of the Justices at the Supreme Court in Washington, April 23, 2021. The chair of the Senate Judiciary Committee on Friday urged Supreme Court Justice Samuel Alito to recuse himself from considering cases related to the 2020 election, including the question of former President Donald Trump's immunity from criminal prosecution, because of controversy over an upside-down U.S. flag that flew outside Alito's home after the election. "Flying an upside-down American flag — a symbol of the so-called 'Stop the Steal' movement — clearly creates the appearance of bias," said Durbin, the Illinois Democrat who heads the Judiciary Committee. "Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection, including the question of the former President's immunity in U.S. v. Donald Trump, which the Supreme Court is currently considering," Durbin said in a statement. "The Court is in an ethical crisis of its own making, and Justice Alito and the rest of the Court should be doing everything in their power to regain public trust."

Persons: Samuel Alito, Donald Trump's, Sen, Dick Durbin, Alito, Durbin, Donald Trump, Justice Alito Organizations: New York Times, Illinois Democrat, Committee Locations: Washington, Virginia

☆ What Do Judicial Rules Say About Alito and a ‘Stop the Steal’ Symbol?
▼ + stars: | 2024-05-17 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The justice has said that his wife put up the flag in response to a neighbor’s anti-Trump yard sign. It is the most recent disclosure about the Supreme Court to fuel concerns about impartiality and the appearance of bias. Some of those controversies have involved Justice Alito. That billionaire later had cases before the Supreme Court. In September, Justice Alito rejected demands for recusal in a major tax case after he gave interviews to one of the lawyers involved, David Rivkin, for The Wall Street Journal’s editorial page.

Persons: Joseph R, Biden, Samuel A, Alito Jr, Alito, Justice Alito, David Rivkin Organizations: Trump, recusal Locations: Virginia

☆ The US did a complete 180 on same-sex marriage
▼ + stars: | 2024-05-17 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +8 min

The vast majority of Americans opposed same-sex marriage on May 17, 2004, when the first same-sex couples took their vows after a court decision in Massachusetts. Barack Obama notably opposed same-sex marriage when he ran for president as a Democrat in the 2008 election and, as public opinion was rapidly shifting, changed his tune in 2012 to support same-sex unions. Warnings were unfoundedThere is also evidence that warnings about same-sex marriage somehow endangering “traditional marriage” simply never materialized. A new study by researchers for the RAND Corporation to assess two decades of same-sex marriage in the US argues marriage rates actually increased among opposite-sex couples as same-sex couples were granted the ability to marry in certain states. A key difference between support for same-sex marriage and support for abortion rights, according to Lundry, is that support for abortion rights has remained positive for decades, in contrast to same-sex marriage, which saw a complete turnaround.

Persons: CNN —, Mitt Romney, George W, Bush, Hillary, Julie Goodridge, Charles Krupa, Sen, John Kerry, Hodges, Barack Obama, Obama, Romney, Anthony Kennedy, Ruth Bader Ginsburg, Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas, Samuel Alito, weren’t, ” Romney, Obergefell, —, PRRI, Alex Lundry, Republican pollster, “, ” Lundry, Gen, Dick Cheney, Joe Biden Organizations: CNN, Republican, House, Boston City Hall, Massachusetts Democrat, Democrat, Supreme, Gallup, RAND Corporation Locations: Massachusetts, Utah, Oregon, Ohio, Without Ohio, America

☆ Supreme Court's Alito blames his wife for displaying pro-Trump symbol at their house
▼ + stars: | 2024-05-17 | by ( Geoff Weiss | ) www.businessinsider.com time to read: +1 min

Justice Alito and his wife had an upside-down American flag flying on their lawn in January 2021. Inverted flags were a symbol of the pro-Trump "Stop the Steal" movement. Justice Alito told The New York Times his wife put it there and blamed a dispute with neighbors. download the app Email address Sign up By clicking “Sign Up”, you accept our Terms of Service and Privacy Policy . AdvertisementSupreme Court Justice Samuel Alito had an explanation for the pro-Trump symbol hanging outside his Virginia home in the weeks following the Capitol Riot: his wife put it there.

Persons: Alito, Justice Alito, —, Samuel Alito, Joe Biden didn't Organizations: Trump, New York Times, Service, Capitol Riot, Times, Business Locations: Virginia

☆ Display at Alito’s Home Renews Questions of Supreme Court’s Impartiality
▼ + stars: | 2024-05-17 | by ( Jodi Kantor | Abbie Vansickle | ) www.nytimes.com time to read: +1 min

In coming weeks, the Supreme Court is expected to issue two key decisions involving the storming of the Capitol on that day. The cases will shape the degree to which former President Donald J. Trump can be held accountable for his efforts to subvert the election. “These cases were always going to be seen through an ideological and partisan lens,” Michael C. Dorf, a Cornell law professor and former clerk to Justice Anthony Kennedy, said in an interview. An upside-down flag, a popular symbol with Trump supporters contesting President Biden’s victory, appeared on Justice Alito’s front lawn in January 2021, The New York Times reported based on photographs and interviews with neighbors. It hung on the Alitos’ flagpole days before the inauguration, a little over a week after the Capitol riot and while the Supreme Court was considering taking up an election case.

Persons: Samuel A, Alito Jr, Donald J, Trump, Michael C, Anthony Kennedy, “, you’ve, Clarence Thomas’s, Virginia Thomas, Biden’s Organizations: Capitol, Cornell, Republican Party, Trump, The New York Times

☆ How Election Deniers Claimed the Upside-Down Flag
▼ + stars: | 2024-05-17 | by ( Michael Levenson | ) www.nytimes.com time to read: +1 min

It has been a widely recognized symbol of distress since the nation’s founding, when sailors turned the American flag upside down to signal that their ships were sinking, on fire or trapped in ice. But over time, the upside-down American flag became a symbol brandished more often by protesters across the political spectrum to signal that they believed the nation itself was in grave peril. After President Biden won the 2020 election, supporters of former President Donald. J. Trump rallied around the inverted flag, displaying it at their homes, on their cars and on social media to show that they believed Mr. Trump’s lie that the election was stolen. At the time, the Supreme Court was still contending with whether to hear a 2020 election case.

Persons: Biden, Donald . J, Trump, Samuel A, Alito Jr Organizations: New York Times Locations: Alexandria, Va

☆ What the Supreme Court Ruling Means for Other Consumer Bureau Actions
▼ + stars: | 2024-05-16 | by ( Emily Flitter | Stacy Cowley | ) www.nytimes.com time to read: +1 min

But the ruling falls far short of eliminating the bureau’s legal obstacles. Immediately after the ruling was announced, lawyers for the bureau, which is charged with preventing consumer abuse in the financial industry, began preparing dozens of legal filings to try to unfreeze its activities. Among them are requests to federal judges to end stays on new rules and on subpoenas to financial firms. While the Supreme Court’s ruling should resolve a few of the stays, the bureau will still struggle to overcome other roadblocks. He noted that Justice Samuel A. Alito Jr.’s dissent cited three recent consumer bureau actions that, in Justice Alito’s view, would be “major changes” in consumer protection law.

Persons: ”, Graham Steele, Samuel A, Alito Jr, ’, Alito’s Organizations: Consumer, Treasury Department

☆ At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display
▼ + stars: | 2024-05-16 | by ( Jodi Kantor | ) www.nytimes.com time to read: +1 min

The upside-down flag was aloft on Jan. 17, 2021, the images showed. President Donald J. Trump’s supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Word of the flag filtered back to the court, people who worked there said in interviews. While the flag was up, the court was still contending with whether to hear a 2020 election case, with Justice Alito on the losing end of that decision. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances for re-election in the upcoming one.

Persons: Biden, Samuel A, Alito Jr, Donald J, Trump’s, Biden’s, Justice Alito, Trump Organizations: Trump, Supreme, Capitol, The New York Times Locations: Alexandria, Va

☆ Supreme Court saves consumer protection agency after a challenge from conservatives and the payday lending industry
▼ + stars: | 2024-05-16 | by ( John Fritze | Joan Biskupic | ) edition.cnn.com time to read: +3 min

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

☆ Upside-down US flag flew at home of Justice Samuel Alito after 2020 election, New York Times reports
▼ + stars: | 2024-05-16 | by ( John Fritze | ) edition.cnn.com time to read: +3 min

CNN —An upside-down American flag – a symbol used by some supporters of former President Donald Trump who challenged the legitimacy of Joe Biden’s 2020 victory – hung outside the home of Supreme Court Justice Samuel Alito after the election, The New York Times reported Thursday. A spokeswoman for the Supreme Court did not immediately respond to a request for comment from CNN, which has not independently verified the flag’s use. “I had no involvement whatsoever in the flying of the flag,” Alito said in an emailed statement to the Times. The Times said it was not clear how long the flag flew outside of Alito’s home. Last fall, in response to a series of revelations about travel accepted by Thomas and Alito, the Supreme Court adopted a code of conduct for the first time.

Persons: Donald Trump, Joe Biden’s, –, Samuel Alito, Alito, Trump, “, ” Alito, Trump’s, Clarence Thomas, recusal, Virginia “ Ginni ” Thomas, Thomas, ”, James Organizations: CNN, Supreme, The New York Times, Times, Capitol, The Times, White, Hofstra Law Locations: Alexandria , Virginia, Alabama

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 ,

☆ Justice Alito Warns of Threats to Freedom of Speech and Religion
▼ + stars: | 2024-05-11 | by ( Adam Liptak | ) www.nytimes.com time to read: 1 min

Justice Samuel A. Alito Jr. warned on Saturday that freedom of speech was under threat at universities and that freedom of religion was in peril in society at large. “Troubled waters are slamming against some of our most fundamental principles,” he said. He made his remarks at a commencement ceremony at the Franciscan University of Steubenville in Ohio, a Catholic institution. “Support for freedom of speech is declining dangerously, especially where it should find deepest acceptance,” he said. A university, he said, should be “a place for reasoned debate.” But he added that “today, very few colleges live up to that ideal.”

Persons: Samuel A, Alito Jr, ” Organizations: Franciscan University of Steubenville Locations: Ohio

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

☆ Mark Meadows asked the Supreme Court to recognize his 'just following orders' defense. A right-wing justice wasn't buying it.
▼ + stars: | 2024-04-28 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +8 min

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

☆ Opinion | Justice Alito Is Holding Trump to a Different Standard
▼ + stars: | 2024-04-27 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +1 min

I mentioned it in passing in my Friday column, but I was struck — disturbed, really — by one specific point made by Justice Samuel Alito during Thursday’s oral arguments in Trump v. United States. Alito began innocuously enough: “I’m sure you would agree with me that a stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully if that candidate is the incumbent.”“Of course,” answered Michael Dreeben, the lawyer arguing the case for the Department of Justice. “Now,” Alito continued, “if an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”The implication of Alito’s question is that presidential immunity for all official acts may be a necessary concession to the possibility of a politically motivated investigation and prosecution: Presidents need to be above the law to raise the odds that they follow the law and leave office without incident.

Persons: Samuel Alito, Alito, ”, Michael Dreeben, “, ” Alito Organizations: Trump v ., Department of Justice Locations: Trump v, Trump v . United States

☆ Conservative Justices Take Argument Over Trump’s Immunity in Unexpected Direction
▼ + stars: | 2024-04-26 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

Before the Supreme Court heard arguments on Thursday on former President Donald J. Trump’s claim that he is immune from prosecution, his stance was widely seen as a brazen and cynical bid to delay his trial. The practical question in the case, it was thought, was not whether the court would rule against him but whether it would act quickly enough to allow the trial to go forward before the 2024 election. Instead, members of the court’s conservative majority treated Mr. Trump’s assertion that he could not face charges that he tried to subvert the 2020 election as a weighty and difficult question. They did so, said Pamela Karlan, a law professor at Stanford, by averting their eyes from Mr. Trump’s conduct. “What struck me most about the case was the relentless efforts by several of the justices on the conservative side not to focus on, consider or even acknowledge the facts of the actual case in front of them,” she said.

Persons: Donald J, Pamela Karlan, Trump’s, ”, “ I’m, Samuel A, Alito Jr Organizations: Stanford

☆ John Roberts isn’t happy with previous ruling against Trump – what happens now?
▼ + stars: | 2024-04-26 | by ( Joan Biskupic | ) edition.cnn.com time to read: +5 min

But the cagey chief justice made some points abundantly clear. And whatever the staggering facts of the election subversion allegations against Trump, they are not his concern here. Further, when he is in the majority, Roberts has the power, as chief justice, to determine who writes the opinion. In past high-profile disputes involving Trump, Roberts has kept the pen for himself. Whenever Dreeben tried to return to allegations of fraud, obstruction and other crimes against Trump, conservative justices swept them away.

Persons: John Roberts, Donald Trump, Roberts, who’d, Trump, he’s, ” Roberts, Michael Dreeben, Jack Smith, Ronald Reagan, Jane Sullivan Roberts, Patrick Jackson, Justice Ketanji Brown Jackson, John Sauer, Sauer, Dreeben, Samuel Alito, Alito, “, It’s, ” Dreeben, ”, I’m Organizations: CNN, Trump, Court, DC Circuit US, Appeals, United Locations: United States

☆ Supreme Court justices dance around question of whether Trump could pardon himself if he wins reelection
▼ + stars: | 2024-04-25 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +5 min

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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