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☆ Opinion | The Supreme Court Has Earned a Little Contempt
▼ + stars: | 2023-06-02 | by ( Josh Chafetz | ) www.nytimes.com time to read: +2 min

In justifying this doctrine, the justices have raised the specter of out-of-control bureaucrats intruding on the liberty of citizens, undermining legal stability, serving only special interests and invading the domain of the states. In other words, the justices are paternalistically claiming to protect Congress from itself. ***In all of these areas and in plenty more, the justices have seized for themselves an active role in governance. When Mr. Roberts recently refused to testify before the Senate Judiciary Committee, nothing stopped Justices Sonia Sotomayor, Elena Kagan or Ketanji Brown Jackson from volunteering to testify, but they did not. Nothing is stopping them from publicly calling for a binding ethics code or from questioning not just the correctness but also the legitimacy of their institution’s assertiveness, but they have not.

Persons: Beau Baumann, Neil Gorsuch, Roberts, —, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson Organizations: Republican, Democratic, Committee

☆ Justice Ketanji Brown Jackson was the rare lone dissenter in a union strike ruling that involved drivers walking off the job with trucks full of wet concrete
▼ + stars: | 2023-06-02 | by ( Lauren Steussy | ) www.businessinsider.com time to read: +3 min

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

Glacier Northwest is a unit of Japan-based Taiheiyo Cement Corp. (5233.T)Glacier Northwest filed a lawsuit in Washington state court accusing the union of intentional property destruction during a 2017 strike. The Washington state Supreme Court in 2021 ruled that the company's claims were preempted by a statute called the National Labor Relations Act (NLRA), saying the company's loss of concrete was incidental to a strike that could be considered arguably protected under federal labor law. The Supreme Court, with its 6-3 conservative majority, has leaned toward curbing the power of labor unions in rulings in recent years. Teamsters General President Sean O'Brien said the Supreme Court had "again voted in favor of corporations over working people." While the Supreme Court has found that labor unions can be sued in state court for violent or threatening conduct, the union had argued, this narrow exception should not be expanded to permit property damage claims brought under state law.

Persons: Amy Coney Barrett, Barrett, Ketanji Brown Jackson, Noel Francisco, Sean O'Brien, O'Brien, Joe Biden's, John Kruzel, Will Dunham Organizations: U.S, Supreme, Glacier Northwest Inc, International Brotherhood of Teamsters, National Labor Relations, Taiheiyo Cement Corp, Conservative, Liberal, Teamsters, Thomson Locations: Washington, Japan, California

☆ Opinion: The ultimate ‘Succession’ lesson
▼ + stars: | 2023-05-28 | by ( Richard Galant | ) edition.cnn.com time to read: +13 min

We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets. Walt Handlesman/Tribune Content AgencyIn a much more ominous vein, the theme of survival dominates the HBO show “Succession,” which is coming to an end Sunday. She’s so caught up in beating her brothers at the succession game that she can’t see this baby as anything but an obstacle.”“Ultimately, this storyline is a perfect encapsulation of the larger tragedy that is ‘Succession,’” Bodenheimer added. The contest for the 2024 GOP presidential nomination heated up last week with the official entry of Florida Gov. Ron DeSantis, former President Donald Trump’s strongest challenger in the polls.

☆ Supreme Court to Rule on Affirmative Action, Student Debt and Where Gay Rights and Free Speech Intersect
▼ + stars: | 2023-05-22 | by ( Jess Bravin | Jan Wolfe | ) www.wsj.com time to read: 1 min

The U.S. Supreme Court will be the setting for decisions with major social implications. Photo: J. Scott Applewhite/Associated PressThe Supreme Court is heading into the final stretch of its current session, the first with Justice Ketanji Brown Jackson on the bench. While no single case has elicited the political tension that swelled last session after the leak of the court’s historic decision eliminating a woman’s constitutional right to an abortion, a number of cases with major social implications will be decided between now and the end of June. Here are the most important cases on the docket and brief accounts of some important opinions the court has recently issued.

Persons: Scott Applewhite, Ketanji Brown Jackson Organizations: U.S, Supreme, Associated

☆ Supreme Court to Rule on Affirmative Action, Student Debt and Internet Companies’ Liability
▼ + stars: | 2023-05-18 | by ( Jess Bravin | Jan Wolfe | ) www.wsj.com time to read: 1 min

The U.S. Supreme Court will be the setting for decisions with major social implications. Photo: J. Scott Applewhite/Associated PressThe Supreme Court is heading into the final stretch of its current session, the first with Justice Ketanji Brown Jackson on the bench. While no single case has elicited the political tension that swelled last session after the leak of the court’s historic decision eliminating a woman’s constitutional right to an abortion, a number of cases with major social implications will be decided between now and the end of June, with at least one opinion expected on Thursday. Here are the most important cases on the docket.

☆ A herring fishermen group's lawsuit will give the Supreme Court the chance to hamstring federal climate regulations
▼ + stars: | 2023-05-02 | by ( Natalie Musumeci | ) www.businessinsider.com time to read: +3 min

The US Supreme Court will take up a case brought by a group of New Jersey fishermen. If overturned, the case could have major impacts on federal climate and environmental regulations. The doctrine, established in the 1984 Supreme Court case Chevron USA v. Natural Resources Defense Council, calls for courts to defer to federal agencies' interpretations of ambiguous federal laws. Cause of Action Institute counsel Ryan Mulvey added that the Supreme Court "has an opportunity to correct one of the most consequential judicial errors in a generation." The conservative-majority Supreme Court is slated to hear the case in its next term.

The case is the latest bid asking the Supreme Court, which has a 6-3 conservative majority, to rein in the authority of federal agencies. The companies are asking the Supreme Court to overturn its own decades-old precedent calling for judges to defer to federal agency interpretation of U.S. laws, a doctrine called "Chevron deference." The New England herring fishing regulations were issued by the fisheries service, part of the U.S. Commerce Department. The Biden administration said in court papers that the monitoring program will be suspended for the fishing year starting in April due to insufficient federal funding. The Supreme Court is due to hear the case in its next term, which begins in October.

☆ As Biden Runs Again, Black Voters’ Frustration Bubbles
▼ + stars: | 2023-04-29 | by ( Maya King | Reid J. Epstein | ) www.nytimes.com time to read: +1 min

In his campaign announcement, Mr. Biden made no secret of the importance of Black voters to his re-election. The state party is preparing to hold its presidential primary first in the nominating process — a move Mr. Biden and Democrats said was made to give Black voters more influence. Mr. Biden’s allies maintain that his administration has delivered for Black voters but that he has failed to trumpet some of his progress. The economy, a top concern for Black voters, has recovered from its pandemic doldrums, though inflation, which spiked last summer, remains higher on a sustained basis than it has been for decades. “The president and vice president have made issues Black Americans care most about a priority and are running to finish the job,” said Kevin Munoz, a spokesman for Mr. Biden’s campaign.

In a 9-0 ruling written by Justice Ketanji Brown Jackson, the Supreme Court overturned a lower court's decision against MOAC Mall Holdings LLC, the parent company of the mega-mall located in Bloomington, Minnesota. The lease provided Sears with a three-story, 120,000-square foot (11,000 square meters) location at the mall for a rent of just $10 a year. Mall of America went to court to try to stop the lease transfer during the Sears bankruptcy process. Circuit Court of Appeals found in 2021 that bankruptcy law does not allow for appeals of court-approved bankruptcy sales. While bankruptcy law limits the ability of courts to unwind a sale after appeal, it does not prevent appeals entirely, the Supreme Court ruled.

☆ A Biologist Explains Why Sex Is Binary
▼ + stars: | 2023-04-10 | by ( Colin Wright | ) www.wsj.com time to read: 1 min

The transgender movement has left many intelligent Americans confused about sex. Asked to define the word “woman” during her Supreme Court confirmation hearings last year, Ketanji Brown Jackson demurred, saying “I’m not a biologist.” I am a biologist, and I’m here to help. Are sex categories in humans empirically real, immutable and binary, or are they mere “social constructs”? The question has public-policy implications related to sex-based legal protections and medicine, including whether males should be allowed in female sports, prisons and other spaces that have historically been segregated by sex for reasons of fairness and safety.

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.

☆ Ron Klain credits Rep. Jim Clyburn for pushing Biden to put the first Black woman on the Supreme Court
▼ + stars: | 2023-03-09 | by ( Nicole Gaudiano | ) www.businessinsider.com time to read: +3 min

Ron Klain gave credit to Rep. Jim Clyburn for the appointment of Ketanji Brown Jackson to the Supreme Court. Clyburn urged Biden in 2020 to promise voters he would put the first Black woman justice on the court. That promise was important to Clyburn, whose endorsement played a big role in Biden becoming president. But he defended Jackson during confirmation battles, urged "strong bipartisan support" for her, and said she "will make an extraordinary Supreme Court Justice" when she was sworn in. She was a finalist when President Barack Obama selected now-Attorney General Merrick Garland for a Supreme Court nomination, he said.

☆ Even if the Supreme Court finds Biden's student-loan forgiveness was an overreach of authority, it doesn't mean the relief will get struck down. Here's why.
▼ + stars: | 2023-03-05 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +5 min

Supreme Court justices must first determine whether the cases blocking Biden's student-debt relief have standing. If they find there isn't standing, they aren't able to rule on whether the relief was an overreach of authority. The justices were skeptical of whether GOP-led states had standing to bring student-loan company MOHELA into their case. She agreed with Jackson when asked if they would be "breaking new ground" if they found the states have standing. The Supreme Court will issue a decision by June, when borrowers will find out if the justices' skeptical line of questioning on standing will hold up.

☆ Why a student-loan company's involvement in a case seeking to block Biden's debt relief might end up working in borrowers' favors
▼ + stars: | 2023-03-04 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +8 min

Student-loan company MOHELA played a central role in one of the cases seeking to block Biden's student-debt relief. All justices dug into whether the state of Missouri has standing to claim an injury to MOHELA is an injury to itself. Some experts said the company's involvement in the case could undermine plaintiffs' standing to sue. The states argued that Biden's debt relief would hurt their states' tax revenues, but that was an issue the Supreme Court justices barely questioned. "And two, that President Biden's debt relief plan would impact MOHELA such that MOHELA could not even start paying back its debts to the Lewis and Clark Fund."

☆ Opponents of Biden's student-loan forgiveness are spotlighting another way to give borrowers debt relief
▼ + stars: | 2023-03-02 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +5 min

A challenger to Biden's student-debt relief argued he could have used the Higher Education Act of 1965 to cancel student debt. "During the campaign, they were talking about doing broad-based debt relief," he said. Senator Warren and others passed resolutions urging the Secretary to use the Higher Education Act to pass debt forgiveness. She added at the end of the arguments that Biden's relief "is a pandemic-related program. So unlike the HEROES Act, the Higher Education Act would allow for the canceling of debts without the existence of an emergency like COVID-19.

☆ Will student loan forgiveness pass the Supreme Court? Here's what we know so far
▼ + stars: | 2023-03-02 | by ( Kamaron Mcnair | ) www.cnbc.com time to read: +7 min

WASHINGTON, DC - People rally in support of the Biden administration's student debt relief plan in front of the the U.S. Supreme Court on February 28, 2023 in Washington, DC. This week, the Supreme Court heard oral arguments from both supporters and opponents of President Joe Biden's student debt forgiveness plan. Student loan borrowers have the most immediately at stake, but the high court's ruling and rationale could have bigger implications for the government. Nebraska solicitor general, James Campbell, who represented the state plaintiffs, responded that "the state speaks for MOHELA." Will student loan forgiveness pass?

☆ Sonia Sotomayor pushes back on conservative SCOTUS justices who questioned the fairness of Biden's student-loan forgiveness plan, saying the US is 'not a society of unlimited resources'
▼ + stars: | 2023-03-01 | by ( Azmi Haroun | Ayelet Sheffey | ) www.businessinsider.com time to read: +4 min

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.

Questions posed by the conservative justices during arguments on Tuesday over Biden's debt relief indicated that the conservative-majority court could strike down the plan as an unlawful overreach of executive power. "If Congress can't or won't step up, and the court won't let presidents do so, what are we left with? Its conservative justices already have invoked it to scuttle a pandemic-era residential eviction moratorium, a COVID-19 vaccination-or-testing mandate for large businesses and federal limits on carbon emissions from power plants. In some instances, like Biden's unilateral effort to extend the eviction moratorium, he took executive action following congressional inaction. "I'm concerned that we're going to have a problem in terms of the federal government's ability to operate," Jackson said.

☆ The Supreme Court justices deciding whether to axe Biden's student loan relief program paid an average of $42,539 to go to college. Today, they'd have to pay around $320,531.
▼ + stars: | 2023-03-01 | by ( Sarah Al-Arshani | ) www.businessinsider.com time to read: +8 min

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.

The ruling authored by Jackson, who was confirmed last year by the Senate as the newest of the nine justices, was unanimous. Under that law, money orders that go uncashed can be generally taken by the state in which they are purchased. Circuit Judge Pierre Leval, later agreed with Delaware's view that they were not legally money orders but were "third-party bank checks." Jackson rejected that position, saying the financial instruments were similar to money orders in function and operation by allowing prepayment of a specified amount to a specific person. "And none of the differences Delaware identifies relates to the statutory text or ordinary meaning of a money order," Jackson wrote.

☆ Biden's student-loan forgiveness plan is in jeopardy. Here are 4 major takeaways from the Supreme Court's oral arguments.
▼ + stars: | 2023-02-28 | by ( Ayelet Sheffey | Oma Seddiq | ) www.businessinsider.com time to read: +11 min

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.

☆ Amy Coney Barrett joins liberal Supreme Court justices in scrutinizing a student-loan company's involvement in one of the lawsuits blocking Biden's debt relief
▼ + stars: | 2023-02-28 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +3 min

Amy Coney Barrett joined liberal Supreme Court justices in questioning GOP-led states' standing to block student-debt relief. The states said the relief would harm student-loan company MOHELA, based in Missouri where the case was filed. As expected, MOHELA's role in the lawsuit fell under scrutiny by liberal justices like Ketanji Brown Jackson and Elana Kagan. Barrett joined in that line of questioning, asking Nebraska's Solicitor General James Campbell: "Do you want to address why MOHELA's not here?" Conservative justices took a hard line of questioning with Biden's lawyer, asking about fairness of the relief and whether it was executive overreach.

☆ Supreme Court rules 9-0 that bankruptcy filers can't avoid debt incurred by another's fraud
▼ + stars: | 2023-02-22 | by ( Dan Mangan | ) www.cnbc.com time to read: +4 min

"Innocent people are sometimes held liable for fraud they did not personally commit, and, if they de-clare bankruptcy, [the bankruptcy code] bars discharge of that debt," Barrett wrote. The couple was unable to pay the award or other creditors and filed for protection under Chapter 7 of the bankruptcy code, which normally allows people to void all of their debts. . . false pretenses, a false representation, or actual fraud,'" Barrett wrote. A U.S. Bankruptcy Court judge ruled in his favor, saying "that neither David nor Kate Bartenwerfer could discharge their debt to Buckley," the opinion by Barrett noted. "Based on testimony from the parties, real-estate agents, and contractors, the court found that David had knowingly concealed the house's defects from Buckley," Barrett wrote.

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