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SCOTUS: President Not A ‘King,’ Subject To Criminal Investigations

In a striking 7-2 decision, the Supreme Court on Thursday upheld a criminal subpoena issued by the Manhattan District Attorney’s Office for President Trump’s financial records as part of a wide-ranging investigation into the Trump organization. Chief Justice John Roberts wrote for the majority, decisively rejecting arguments made by President Trump that he was immune from any kind of criminal investigation. “That argument, however, runs up against the 200 years of precedent establishing that ...
Tags: News, Supreme Court, Scotus, United States, House, Manhattan, Deutsche Bank, Fifth Avenue, Francisco, Doj, Trump, Cyrus Vance, Marshall, State, Thomas Jefferson, John Roberts


SCOTUS Punts On House Subpoena For Trump Financial Docs

The Supreme Court ruled Thursday that Congress does have the authority to subpoena President Trump’s personal financial records, but the court issued an opinion that will likely delay Congress’ ability to access those records until after the election. The 7-2 decision rejected the broad arguments Trump made about Congress lacking the power to obtain the documents. However the justices, in an opinion written by Chief Justice John Roberts, sent the case back to the lower courts so that they cou...
Tags: New York, News, Supreme Court, Scotus, Congress, House, House Intelligence Committee, Justice Department, Executive Branch, Trump, John Roberts, Roberts, Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, Trump's tax returns


SCOTUS: President Not A ‘King,’ Subject To Crim Investigations

In a striking 7-2 decision, the Supreme Court on Thursday upheld a criminal subpoena issued by the Manhattan District Attorney’s Office for President Trump’s financial records as part of a wide-ranging investigation into the Trump organization. Chief Justice John Roberts wrote for the majority, decisively rejecting arguments made by President Trump that he was immune from any kind of criminal investigation. “That argument, however, runs up against the 200 years of precedent establishing that ...
Tags: News, Supreme Court, Scotus, United States, House, Manhattan, Fifth Avenue, Francisco, Doj, Trump, Cyrus Vance, Marshall, Thomas Jefferson, John Roberts, Vance, Chin


Thomas & Alito Retirement Hoopla Canceled Now That Gorsuch & Kavanaugh Are Cucks

Trump's recent appointments weren't willing to burn constitutional law to the ground to help Trump and that rankles the older conservatives.
Tags: Supreme Court, Law, Courts, Trump, Thomas, Alito, Clarence Thomas, Samuel Alito, Kavanaugh, Gorsuch, Brett Kavanaugh, Neil Gorsuch


Thursday round-up

At Bloomberg, Greg Stohr reports that the court “will end its term Thursday morning with historic rulings that will probably determine whether the public sees President Donald Trump’s long-hidden financial records before the November election.” For The New York Times, Adam Liptak looks at the two cases involving the president’s records, “one concerning subpoenas from House committees, the other a subpoena from the Manhattan district attorney, Cyrus R. Vance Jr., a Democrat.” Yesterday the court ...
Tags: Texas, Supreme Court, Law, Congress, Court, Bloomberg, Cnn, Pennsylvania, House, New York Times, Manhattan, Fox News, Catholic, The New York Times, Illinois, Vox


Florida voters with felony convictions ask justices to intervene in voting-rights dispute

With the deadline to register to vote in Florida’s August primary election 12 days away, a group of Florida voters and civil rights groups today asked the Supreme Court to reinstate a ruling by a federal trial court that struck down a state law that requires Florida residents who have been convicted of a felony to pay all court fees and costs before voting. An order by the U.S. Court of Appeals for the 11th Circuit that put the trial court’s ruling on hold, the voters argue, “creates chaos and c...
Tags: Florida, Featured, Supreme Court, Law, Smith, Paul Smith, Howe, District Court, Gonzalez, U S Court of Appeals, Clarence Thomas, Purcell, 11th Circuit, DeSantis, Campaign Legal Center, Emergency appeals and applications


Opinion analysis: Court rules that Catholic elementary school teachers are “ministers,” cannot sue for employment discrimination

In 2012, the Supreme Court ruled that a doctrine known as the “ministerial exception,” which bars ministers from suing churches and other religious institutions for employment discrimination, prohibited a lawsuit filed by a teacher at a Lutheran school who was also an ordained minister. Today, by a vote of 7-2, the court held in Our Lady of Guadalupe School v. Morrissey-Berru that the exception also forecloses lawsuits by two teachers at Catholic elementary schools in southern California. Althou...
Tags: Featured, Supreme Court, Law, California, Los Angeles, Css, United States, Philadelphia, Catholic, Jesus Christ, Sonia Sotomayor, Fulton, 9th Circuit, The Supreme Court, Torrance, Howe


Just how far will Clarence Thomas go?

Lisa Tucker writes with rumors of Clarence Thomas's retirement swirling, progressives like her should hope he holds on for one more year. A retirement now could open the window for him to be replaced by a Trump appointee. But the opposite could be true should Biden be elected and Thomas hold out one more year.
Tags: Cnn, Biden, Thomas, Clarence Thomas, Lisa Tucker


Opinion analysis: Court rejects challenge to exemptions from birth-control mandate

The Affordable Care Act’s birth-control mandate requires most employers to provide their female employees with health insurance that includes access to certain forms of contraceptives. In 2017, the Trump administration issued new rules that expanded an exemption from the mandate to allow private employers with religious or moral objections to opt out of providing coverage without any notice. Today, by a vote of 7-2, the Supreme Court in Little Sisters of the Poor v. Pennsylvania rejected a chall...
Tags: Featured, Supreme Court, Law, Obama, Congress, Court, Pennsylvania, United States, New Jersey, Fda, Catholic, Ruth Bader Ginsburg, ACA, Trump, Thomas, Sonia Sotomayor


Court: Some employers can refuse to offer free birth control on religious grounds

By JESSICA GRESKO WASHINGTON — The Supreme Court on Wednesday upheld Trump administration rules allowing some employers to decline to provide contraceptive coverage on religious or moral grounds, which could leave more than 70,000 women without cost-free birth control. The high court ruled 7-2 for the administration, which made a policy change to allow some employers who cite religious or moral objections to opt out of providing no-cost birth control required by the Obama-era healthcare law. Low...
Tags: Health, Business, News, Supreme Court, Obama, Congress, Washington, Russia, Religion, Court, Uncategorized, Sport, Soccer, Pennsylvania, New Jersey, Associated Press


"The Supreme Court ruled Wednesday teachers at religious schools are foreclosed from bringing workplace discrimination cases against their employers."

"The 7-2 ruling said the lawsuits could not move forward due to the “ministerial exception” and court precedent, which has held the First Amendment protects religious institutions from some workplace discrimination complaints."The Washington Times reports.AND: A second case announced this morning — "In Little Sisters of the Poor v. Pennsylvania, the justices upheld a federal rule exempting employers with religious or moral objections from providing contraceptive coverage to their employees under...
Tags: Supreme Court, Education, Law, Court, Pennsylvania, Birth Control, Poor, Nuns, Thomas, Ginsburg, The Washington Times, Sotomayor, Breyer, Kagan, Clarence Thomas, RFRA


Don’t let Tucker Carlson scare you: reform won’t hurt good cops

Public outrage following the death of George Floyd led to more than nationwide protests. The high-profile display of police brutality, captured on video, also sparked renewed calls to end an unlawful shield that protects police and other government officials from accountability when they violate individual rights. The judge-made doctrine, called qualified immunity, has no principled defense. But that does not stop some commentators from trying. Fox News host Tucker Carlson, for example, recently...
Tags: Supreme Court, Opinion, Boston, Iraq, Sport, Afghanistan, Soccer, United States, Fox News, South Carolina, Tucker Carlson, Carlson, LA County, Clarence Thomas, University of California Los Angeles, Newsom


Empirical SCOTUS: Precedent: Which justices practice what they preach

Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to precedent in her dissent from last term’s decision in Knick v. Township of Scott, which overturned the court’s precedent on the issue of eminent domain in the state law context in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City: “[I]t promotes the evenhanded, predictable, and...
Tags: Texas, Supreme Court, Law, Court, United States, Louisiana, Ruth Bader Ginsburg, Kennedy, Thomas, Sonia Sotomayor, Wade, John Roberts, Lawrence, Scalia, Roberts, Gamble


Opinion analysis: Fractured court rules in favor of political consultants in First Amendment challenge to federal robocall law but keeps robocall ban in place

On Monday, in a fractured set of opinions, the Supreme Court ruled in favor of an association of political consultants challenging the Telephone Consumer Protection Act of 1991. That statute bans robocalls to cellphones. In 2015 Congress added an exception to permit robocalls collecting government-backed debts. In Barr v. American Association of Political Consultants, the court decided that the 2015 exception violates the First Amendment’s speech clause. The consultants won the constitutional ar...
Tags: Featured, Supreme Court, Law, Congress, Town, Thomas, Reed, Sonia Sotomayor, John Roberts, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, TCPA


Opinion analysis: Court upholds “faithless elector” laws

This morning the Supreme Court unanimously rejected two challenges to the constitutionality of so-called “faithless elector” laws, which penalize or remove presidential electors who fail to vote for the candidate they have pledged to support. The rulings came with just under four months remaining before the 2020 election. The Supreme Court heard arguments in May in two different disputes involving states’ efforts to enforce their faithless elector laws during the 2016 presidential election proce...
Tags: Featured, Supreme Court, Law, Colorado, Washington, Hillary Clinton, Broadway, Ohio, States, District Of Columbia, Donald Trump, Hamilton, Clinton, John Kasich, Thomas, State


Dare criminal justice reformers imagine SCOTUS without both Justice Alito and Justice Thomas?

Because there are no more juicy criminal law or sentencing cases left on the SCOTUS docket as an unusual Term winds down, I cannot help but spend time speculating about the future of the Court.  In an election year, of course, that includes imagining who might be appointed (and might be doing the appointing) for the next four years.  But this recent Fox News piece, headlined "Supreme Court rumor: Hugh Hewitt claims Alito retirement being floated," has me eager to imagine some SCOTUS transitions ...
Tags: Supreme Court, Law, Washington Post, Senate, White House, Conservative, Joe Biden, Gop, Fox News, Costa, Trump, Thomas, Hewitt, John Roberts, Hugh Hewitt, Pence


United States: Georgia Ruling: End Of The Public-Private Partnership? - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In his dissent to the U.S. Supreme Court's Georgia v Public.Resource.Org decision in April, Justice Clarence Thomas cautioned that invalidating Georgia's copyright in state code annotations will seriously "shock" the public-private legal.
Tags: News, Georgia, United States, U S Supreme Court, Clarence Thomas, Finnegan Henderson Farabow Garrett, Dunner LLP, Public Resource Org


US victims of FARC rebels win claim to Venezuelan's fortune

Three American defense contractors held for five years by leftist rebels in Colombia moved closer to collecting on a $318 million judgment against their former captors after a U.S. Supreme Court justice rebuffed a last-minute appeal by a sanctioned Venezuelan businessman whose assets they seek to claim. Justice Clarence Thomas refused to hear an emergency appeal by Samark López, letting stand an order by a federal appeals court immediately turning over $53 million from the businessman's previou...
Tags: News, US, Colombia, Farc, U S Supreme Court, Clarence Thomas, Russ Dallen, Caracas Capital Markets, Samark López


Interim Stat Pack for October Term 2019

With the 2019-2020 Supreme Court term coming to a close, the discussion among court-watchers continues to focus on Chief Justice John Roberts’ decision-making. Much has been made of his siding with the more liberal justices in striking down a Louisiana abortion law in June Medical Services LLC v. Russo and upholding the Deferred Action for Childhood Arrivals program (at least temporarily) in Department of Homeland Security v. Regents of the University of California. Roberts’ positions in these c...
Tags: Health, Featured, Supreme Court, Law, Hawaii, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg


Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali


Clarence Thomas AND Samuel Alito Mulling Retirement According Conservative Wishcasters

Here we go again with the retirement rumors.
Tags: Supreme Court, Law, Courts, Clarence Thomas, Samuel Alito


Symposium: How to count to one

John Knepper is a private attorney based in Cheyenne, Wyoming. He previously was chief deputy attorney general of Wyoming. He filed an amicus brief on behalf of the Susan B. Anthony List in support of the respondent in June Medical Services v. Russo. Marks v. United States instructs that when a majority of the justices cannot agree on more than the outcome, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Mu...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, United States, Wyoming, Louisiana, Kafka, John Roberts, U S Court of Appeals, Casey, Stephen Breyer, Ramos, Clarence Thomas


Symposium: RIP state “Blaine Amendments” – Espinoza and the “no-aid” principle

Steven Green is the Fred H. Paulus Professor of Law and director of the Center for Religion, Law & Democracy at Willamette University College of Law. He filed an amicus brief on behalf of a number of religious groups in support of the respondents in Espinoza v. Montana Department of Revenue. There is so much contained in the various opinions in Espinoza v. Montana Department of Revenue that a college instructor could use that one case to teach an entire course about American church-state law: di...
Tags: Featured, Supreme Court, Law, Colorado, California, Montana, Senate, Pennsylvania, Ruth Bader Ginsburg, Mitchell, Thomas, U S Supreme Court, The Supreme Court, Alito, William Rehnquist, Locke


Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana

Erika Bachiochi is a Fellow at the Ethics and Public Policy Center and a Senior Fellow at the Abigail Adams Institute. Follow her at @erikabachiochi. In comparison to the high court’s bombshell opinion in Bostock v. Clayton County earlier this month, June Medical Services v. Russo would seem relatively straightforward. The challenged admitting privileges requirement for Louisiana abortion providers is virtually the same as the law struck down in Whole Woman’s Health v. Hellerstedt just four year...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Court, Louisiana, Ruth Bader Ginsburg, Thomas, John Roberts, Richard Posner, Roberts, Alito, Clayton County, Casey


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Opinion analysis: Justices uphold condition for HIV/AIDS funding

Seven years ago, the Supreme Court ruled that nongovernmental organizations based in the United States cannot be required to have a policy that expressly opposes prostitution and sex trafficking in order to receive government funds to fight HIV/AIDS. However, by a vote of 5-3, the court held today in U.S. Agency for International Development v. Alliance for Open Society International that enforcement of a similar requirement against the foreign affiliates of the same U.S.-based NGOs does not vio...
Tags: Featured, Supreme Court, Law, Congress, Cnn, United States, Thomas, Sonia Sotomayor, U S Agency for International Development, Howe, U S Court of Appeals, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, Kavanaugh


Justice Clarence Thomas says Roe decision doesn't have 'shred' of constitutional support

Supreme Court Justice Clarence Thomas said the landmark Roe v. Wade case that paved the way for legalized abortion in the US is "without a shred of support" from the Constitution.
Tags: Supreme Court, US, Cnn, Roe V Wade, Roe, Clarence Thomas


Supreme Court Upholds Anti-Prostitution Requirement for Groups Fighting AIDS Abroad

The Supreme Court on Monday upheld a requirement that foreign affiliates of U.S.-based health organizations pledge to oppose prostitution and sex trafficking in order to receive federal funding to combat HIV and AIDS overseas.The court ruled 5-to-3 that the government may enforce the pledge, with Justice Brett Kavanaugh penning the opinion for court's conservative majority.The court ruled previously in 2013 that the pledge against prostitution, which comes from a 2003 law, cannot be imposed ...
Tags: News, Supreme Court, George W Bush, Trump, John Roberts, Elena Kagan, Clarence Thomas, Kavanaugh, Gorsuch, Brett Kavanaugh, Neil Gorsuch, Alliance for Open Society International