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The Supreme Court struck down a ruling over what union members can reasonably do during a strike. A local teamsters union in Washington walked off the job in 2017 with trucks full of wet concrete. Justice Ketanji Brown Jackson was the only dissenter, saying the decision jeopardizes union rights. The solo dissent was a first for the outspoken Biden-appointed justice, who wrote that the ruling would "erode the right to strike." "Workers are not indentured servants, bound to continue laboring until any planned work stoppage would be as painless as possible for their master," Jackson wrote.
Persons: Ketanji Brown Jackson, , Biden, Jackson, Amy Coney Barrett, Barrett, Clarence Thomas, Harlan Crow, Samuel Alito, haven't shied, Elena Kagan, Sonia Sotomayor, Andy Warhol, Kagan Organizations: teamsters, Service, Washington Supreme, International Brotherhood of Teamsters, Teamsters, Workers, GOP Locations: Washington, Northwest
In her dissent against the 7-2 majority, Justice Kagan accused her colleagues of hypocrisy. Lynn Goldsmith's photograph of Prince; Andy Warhol's silkscreen print of Prince, featured on the cover of a Condé Nast magazine. Quoting the 1965 film "The Sound of Music," Kagan wrote: "'Nothing comes from nothing,' the dissent observes, 'nothing ever could.' "The majority claims not to be embarrassed by this embarrassing fact because the specific reference was to his Soup Cans, rather than his celebrity images," Kagan wrote. "It will stifle creativity of every sort," Kagan wrote.
The Supreme Court ruled on Thursday that Andy Warhol was not entitled to draw on a prominent photographer’s portrait of Prince for a series of images of the musician, limiting the scope of the fair-use defense to copyright infringement in the realm of visual art. The vote was 7 to 2. Justice Sonia Sotomayor, writing for the majority, said the photographer’s “original works, like those of other photographers, are entitled to copyright protection, even against famous artists.”In dissent, Justice Elena Kagan, joined by Chief Justice John G. Roberts Jr., wrote that the decision “will stifle creativity of every sort.”“It will impede new art and music and literature,” she wrote. “It will thwart the expression of new ideas and the attainment of new knowledge. It will make our world poorer.”
The Supreme Court on Thursday ruled against the Andy Warhol Foundation in a copyright dispute over the use of a celebrity photographer's image of the musician Prince for artwork created by Warhol. Goldsmith had sued the Warhol Foundation for copyright infringement over its licensing of an image called "Orange Prince" to Conde Naste, the parent company of Vanity Fair magazine, in 2016. Orange Prince is one of 16 Warhol silkscreens based on her photo, which Goldsmith only became aware of in 2016. Although a federal district court rule in the Warhol Foundation's favor, that ruling was overturned by the U.S. 2nd Circuit Court of Appeals. "Lynn Goldsmith's original works, like those of other photographers, are entitled to copyright protection, even against famous artists," the court said in the majority opinion. "
That's due to a Supreme Court case won last year by Ted Cruz, who defended Johnson repaying himself. In October quarterly filings, Johnson's campaign declared that it was reinstating $8.4 million in loans, citing Ted Cruz vs. FEC. Furthermore, the door is now open for other self-funding candidates to demand payback of campaign loans that they had previously forgiven. And prior to Johnson telling Insider that he wouldn't seek a loan repayment, Cruz vociferously defended the hypothetical repayment. "It is perfectly reasonable that Ron Johnson, after 10 years of making an interest-free loan to the American people, can pay back his own money," Cruz added.
Supreme Court Justice Elena Kagan once turned down a care package of bagels and lox, per Forward. She was concerned she could be violating the court's ethics rules for accepting gifts, friends said. Meanwhile, Supreme Court Justice Clarence Thomas was accepting lavish holidays from a GOP megadonor. And unlike the rest of the federal judiciary, the Supreme Court is not bound by a code of conduct. The Supreme Court did not immediately respond to Insider's request for comment.
Antonin Scalia Law School at the Virginia-based George Mason University was renamed in 2016. The renaming was part of a plan to help its reputation by getting closer to the Supreme Court. Justices were given notable benefits to teach there, emails obtained by The New York Times reveal. This desire to keep Supreme Court leadership on their roster even superseded scandals the judges faced. The Antonin Scalia Law School and a spokesperson for the Supreme Court did not immediately respond to Insider's request for comment.
George Mason University funded a series of plush trips for Supreme Court justices in recent years. Per The Times, the law school sent justices on trips to European tourist spots as part of teaching programs. Gorsuch was asked to help pick which Italian city would host his teaching trip. The law school dean, Ken Randall, said students had their time there "undoubtedly enhanced by the justices teaching or visiting or speaking with students." Insider sought further comment from the law school and the court.
The Supreme Court ruled to uphold FDA approval of the abortion pill on Friday. Justices Clarence Thomas and Samuel Alito publicly dissented, with Alito writing an opinion. The ruling did not specify how most of the justices voted, or even how many justices voted in favor. For part of his reasoning, Alito focused on the "shadow docket" itself. I thought you were against using the shadow docket and changing things in these ways,'" Lemieux said.
[1/2] The U.S. Supreme Court building is seen in Washington, U.S., April 6, 2023. Two laws, the Federal Trade Commission Act and the Securities Exchange Act, funnel judicial review of adverse agency orders to federal appeals courts only after those orders become final. The Supreme Court's conservative justices have signaled wariness toward expansive federal regulatory power and the previously recognized duty of judges, under Supreme Court precedent, to give deference to that authority. Federal agencies have had their powers curtailed in recent Supreme Court rulings. Axon sued the FTC in 2020 in federal court in Arizona following an investigation by the agency into its 2018 acquisition of Vievu, a rival body-camera provider.
CNN —The Supreme Court held Friday that a party involved in a dispute with the Federal Trade Commission or the Securities and Exchange Commission does not have to wait until a final determination in the proceeding has been issued before bringing a constitutional challenge to the agency’s structure in federal court. The court’s decision means that targets of investigative actions do not have to wait long periods of time before lodging constitutional challenges to the proceedings that could ultimately weaken the agency. Although the court’s opinion could weaken the power of federal agencies, liberal justices likely signed onto the opinion because it will only apply to a small subset of cases. “The question presented is whether the district courts have jurisdiction to hear those suits — and so to resolve the parties’ constitutional challenges to the Commission’ structure,” Kagan wrote. The ordinary statutory review scheme does not preclude a district court from entertaining these extraordinary claims.”
Washington CNN —The recent revelations of lavish gifts and travel that a Republican megadonor showered on Justice Clarence Thomas reflect a larger Supreme Court culture of nondisclosure, little explanation, and no comment. The incident reflects the broader lack of accountability at the high court regarding off-bench behavior. Justices regularly brush aside reporters’ queries for specifics on travel and gifts, book advances and other extracurricular activities. Senate Judiciary Committee Chairman Dick Durbin made another such plea to Roberts this week as he also urged the chief justice to open an investigation into Thomas’ conduct. Chief justice on the spotRoberts, who became chief justice in 2005, has continually described the high court as beyond the realm of politics and worthy of public trust.
The Education Department pushed back on a lawsuit to halt student-debt relief for borrowers who said they were defrauded. A federal judge signed off on a settlement that would give those borrowers $6 billion in debt relief. The Education Department agreed to the settlement last summer, and in November, a federal judge signed off on $6 billion in debt relief for 200,000 borrowers. On Wednesday, the Education Department responded to the schools' appeal, and as expected, it told the Supreme Court that staying the relief will cause "obvious harm" for impacted borrowers and the department itself. The Supreme Court heard oral arguments in a case aiming to block that broader relief in February.
A federal judge ruled that 200,000 borrowers can move forward with relief in a borrower defense settlement. Last month, three schools mentioned in the settlement appealed the decision to the Supreme Court. 20 GOP-led states filed an amicus brief supporting the schools, arguing Biden doesn't have authority to carry out this relief. Unlawful delay of debt relief results in clear monetary harm." The Education Department has until Wednesday to file a response to the three schools' lawsuit, which currently sits with Supreme Court Justice Elena Kagan.
Jack Daniel's Properties Inc is owned by Louisville, Kentucky-based Brown-Forman Corp (BFb.N). "I'm concerned about the First Amendment implications of your position," conservative Justice Samuel Alito told an attorney for Jack Daniel's, referring to the constitutional provision enshrining free-speech protections. "Could any reasonable person think that Jack Daniel's had approved this use of the mark?" Jack Daniel's also contested a finding by the San Francisco-based 9th U.S. "This is a standard commercial product," Kagan told a lawyer for VIP Products, Bennett Cooper.
[1/2] U.S. Supreme Court Justice Ruth Bader Ginsburg delivers remarks during a discussion hosted by the Georgetown University Law Center in Washington, D.C., U.S., September 12, 2019. A rare meeting of the Supreme Court Bar, comprised of attorneys admitted to practice law before the court, featured speeches from people who worked closely with Ginsburg including U.S. Trump also appointed conservative Justices Neil Gorsuch in 2017 and Brett Kavanaugh in 2018. Appointed to the Supreme Court by Democratic President Bill Clinton in 1993, she provided key votes in landmark rulings securing equal rights for women, expanding gay rights and safeguarding abortion rights. Ginsburg was the second woman ever named to the court, after Justice Sandra Day O'Connor.
The Supreme Court heard oral arguments for Biden's student debt relief on Tuesday. The cost of getting an undergraduate degree was significantly cheaper when they graduated than now. When Roberts graduated in 1979, it cost $21,400; in 1992 when Jackson earned her undergraduate degree, it would have cost $75,360. When Roberts graduated in 1979, it cost $21,400; in 1992 when Jackson earned her undergraduate degree, it would have cost $75,360. Student loan borrowers gathered at the Supreme Court today to tell the court that student loan relief is legal on January 2, 2023.
SCOTUS Justice Sonia Sotomayor questioned efforts to gut the Biden student-loan forgiveness plan Tuesday. Sotomayor was among a few justices pushing back on common GOP arguments on the "fairness" of the program. Sotomayor was joined by justices Ketanji Brown Jackson, Elena Kagan, and Amy Coney Barrett in scrutinizing the cases' standing to sue. Every law has people who encompass it or people outside it," Sotomayor said, adding that "that's not an issue of fairness. Conservative Justice Amy Coney Barrett joined the liberal justices in challenging the standing of both of the cases, but it would require the vote of an additional conservative justice to uphold Biden's debt relief plan.
The Supreme Court heard oral arguments for Biden's student-debt relief on Tuesday. The nation's highest court heard more than four hours of oral arguments in two high-profile cases that reviewed Biden's plan to cancel up to $20,000 in debt for federal borrowers, which lower courts temporarily paused in November. "We're talking about half a trillion dollars and 43 million Americans," Chief Justice John Roberts said, referring to the estimated costs of Biden's plan and the number of affected borrowers. Justice Elena Kagan raised a hypothetical national emergency of an earthquake and the education secretary responded by deciding to cancel student loans for those harmed. Still, even if Barrett and the court's three liberals find that the states and borrowers lack standing, they would need another conservative vote to uphold Biden's debt relief.
Nearly 30 years of protectionsA view of the U.S. Supreme Court on February 21, 2023 in Washington, DC. The Supreme Court isn't the only one reviewing Section 230; Congress and the White House have also proposed changes to the law, though legislation to update Section 230 has consistently stalled. For skeptics of the tech industry, and critics of social media platforms, more lawsuits would imply more opportunities to hold tech companies accountable. Allowing the courts to scrutinize the tech industry more would bring it in line with other industries, some have argued. Even a 'like' could trigger a lawsuitLiability could also extend to individual internet users.
Supreme Court Sides With Employee in Overtime Case
  + stars: | 2023-02-23 | by ( Jess Bravin | ) www.wsj.com   time to read: 1 min
The oil-rig supervisor sued Helix Energy Solutions Group, which runs an offshore platform in the Gulf of Mexico. WASHINGTON—The Supreme Court on Wednesday declined to narrow eligibility for overtime pay, ruling 6-3 that an oil-rig supervisor making $200,000 a year qualified because he was paid by the day rather than receiving a fixed salary. “Employees are not ‘deprived of the benefits of [overtime compensation] simply because they are well paid,’” Justice Elena Kagan wrote for the court, citing a 1945 precedent involving mine workers. Besides, she added, nurses and many other workers making far less than those in the petroleum industry could lose overtime if the court ruled against Michael J. Hewitt, the “tool-pusher” who sued for back pay from Helix Energy Solutions Group Inc.
The court in a 6-3 decision authored by liberal Justice Elena Kagan decided that because the rig supervisor, Michael Hewitt, was paid a daily rate of $963 and not a salary, an overtime pay exemption in federal wage law for highly paid workers did not apply to him. Circuit Court of Appeals that Helix must face Hewitt's 2017 lawsuit seeking overtime pay. A ruling favoring Hewitt would require companies to pay overtime premiums and invite a flood of lawsuits from highly paid workers, the groups added. That coupled with his management duties made him exempt from overtime pay, Kavanaugh said. Conservative Justice Neil Gorsuch in a separate dissent said Helix's appeal should have been dismissed for procedural reasons.
[1/2] Television equipment is seen outside the U.S. Supreme Court as Justices hear oral arguments on Twitter's appeal to an anti-terror law violation, in Washington, U.S., February 22, 2023. Both lawsuits were brought under a U.S. law that enables Americans to recover damages related to "an act of international terrorism." Conservative Justice Neil Gorsuch said the statute focuses liability on aiding a person who engaged in a terrorist act. Islamic State called the attack revenge for Turkish military involvement in Syria. In the Twitter case, the San Francisco-based 9th U.S.
The Supreme Court heard arguments Wednesday in a case that will help determine whether social media platforms can be held liable for aiding and abetting terrorism for failing to remove content and accounts promoting it. The case revolves around a specific international terrorist act, and contends that Twitter should be held accountable for not taking aggressive enough action against that content on its platform. Justice Elena Kagan at one point asked Waxman whether Twitter could be held liable if it actually didn't enforce any policy against terrorist content on its site. Justice Ketanji Brown Jackson asked if it would be illegal to sell Osama bin Laden a phone without knowing it would be used for a terrorist specific terrorist act. Schnapper said it would not be necessary to prove the phone was used for a specific terrorist act, because it "aids the terrorist enterprise."
CNN —One day after Supreme Court justices debated whether Google and its subsidiary YouTube should be held liable for how its algorithm organizes ISIS content, the Court is set to take up questions of tech platforms’ legal exposure for user content in a Twitter case. The closely watched Twitter and Google cases carry significant stakes for the wider internet. Twitter had previously argued that it was immune from the suit thanks to Section 230. On Tuesday, the Court heard oral arguments for a case known as Gonzalez v. Google, which zeroes in on whether the tech giant can be sued because of its subsidiary YouTube’s algorithmic promotion of terrorist videos on its platform. A big concern of the justices seems to be the waves of lawsuits that could happen if the court rules against Google.
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