Search
Items tagged with: scotus
Via Lee Kovarsky, 🧵 1/...
(1) There will not be a trial before the election; there will be an immunity hearing and an interlocutory appeal.
(2) Unlike trial, which would have had to wait three months – based on Judge Chutkan’s declared preferences – the immunity hearing might come sooner.
“The president is not above the #law, but Congress may not criminalize the president’s conduct in carrying out the responsibilities of the executive branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent executive. The president therefore may not be prosecuted for exercising his core constitutional powers, & he is entitled, at a minimum, to a presumptive immunity from prosecution for all his ofcl acts.”
Here is the 119 page on #Trump #immunity
https://static01.nyt.com/newsgraphics/documenttools/58e874be6164060e/df3181b1-full.pdf
The #SCOTUS has remanded the case to the Federal District Court judge overseeing the matter, Tanya #Chutkan, to determine the nature of the acts for which Trump has been charged — which are unofficial ones he undertook in his personal capacity & which are official ones he undertook as president.
#law
#Trump #immunity #SCOTUS ruling 6-3 liberals in dissent.
“entitled to presumptive immunity for official acts”
“A former president is entitled to absolute immunity from criminal prosecution for actions within his ‘conclusive and preclusive constitutional authority,’ the ruling says. “There is no immunity for unofficial acts.”
#law
there are two boxes of opinions this morning holding the final three decisions of the term.
The first of three final rulings to be released is about the statute of limitations to challenge fees that retailers can be charged by banks for debit card transactions. The case is Corner Post v. Federal Reserve.
#SCOTUS #law https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf
“The #credibility of the court is on the line, & they risk looking very #partisan, depending on not just what they do but how they do it,” Waldman said.
“What made the Court’s 1974 ruling in the #Nixon …case so profound was not its reasoning, but the fact that it was an 8-0 repudiation of Nixon by a Chief Justice he had appointed. I certainly hope that the Court finds a way to present a united front in whatever it decides in #Trump’s case. But…I’m not optimistic,” Vladeck wrote.
If the trial doesn’t start by Election Day, the fate of Smith’s case might depend on the election’s outcome. #Trump could tell his AG to drop the case if he wins. Waldman is watching whether #SCOTUS rules unanimously — as it did in 1974 when it ordered President Richard #Nixon to hand over the #Watergate tapes, another important case on the limits of presidential #power — or the ruling is divided along ideological lines.
Michael Waldman, a fmr speechwriter in Pres Bill Clinton’s WH who is president & chief exec of the @BrennanCenter for #Justice, said the timing of the ruling might be more important than the decision.
“The court has already given #Trump what he craved, which is de facto #immunity before the #election,” Waldman said. By deciding the case on the final day of the term, the court has made it “very, very, very, very, very unlikely” it will go to trial before Election Day.
#JackSmith might also decide to revise the charges against #Trump to move the case forward — a possibility that #SCOTUS Justice #AmyConeyBarrett raised during oral argument.
If the court rules that Trump cannot be prosecuted for official conduct as president but his private conduct is fair game, Barrett asked, “Is another option for the special counsel to just proceed based on the private conduct & drop the official conduct?”
#law
If #SCOTUS devises a test: Do they apply it themselves? (Doubtful) Or do they return the case to District Court Judge Tanya #Chutkan & instruct her to apply it? (More likely) If the justices apply the test themselves & allow some of the charges against #Trump to stand, the case could proceed. But if the court asks Chutkan to apply a test & she finds Trump is not #immune from prosecution, then Trump would undoubtedly appeal which would further delay a trial.
#law
Instead, the justices will likely split the difference.
They could rule that Trump can be prosecuted for some charges & not others — or they could outline a test to determine what conduct Trump & other former presidents can be prosecuted for & what they can’t.
Some justices suggested during oral arguments that they were taking a sweeping approach to the case. “We are writing a rule for the ages,” Justice #Gorsuch said.
#Trump is facing 4 charges stemming from his attempts to overturn #Biden’s victory in the #2020election, the most serious of which carries a max of 20 yrs in #prison. The case has been on hold while #SCOTUS *considers* Trump’s argument that presidents are immune from prosecution for *official* acts they take while in office.
#law
#SCOTUS is supposed to rule this morning on #Trump’s claim that he is immune from prosecution on charges of trying to overturn the 2020 election.
The decision will determine whether & how special counsel #JackSmith’s case against Trump can proceed — although it’s unlikely a trial would happen before #Election Day. But the ruling could also set an important #precedent for how to prosecute presidents for their actions in office.
#law #TrumpCoupAttempt #immunity #Jan6 #autocracy #authoritarianism
#BREAKING Via Tyler McBrien:
#Trump v. United States, the #SCOTUS immunity opinion is out:
"There is no immunity for unofficial acts."
https://supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
I do not say this lightly, the American people need to start ignoring the opinions and decisions made by this scotus.
#scotus #experts #invalid #corrupt #law #politics #USpol
Supreme Court Corrects EPA Opinion After Gorsuch Confuses Laughing Gas With Air Pollutant
The error came in an opinion blocking an EPA policy meant to improve air pollution.Alison Durkee (Forbes)
#SCOTUS overturned the #ChevronDoctrine. That doctrine came from a 1984 SCOTUS decision that went against an environmental group who challenged US federal environmental #policy as too weak. In that case, the court basically put enforcement power in the agencies whose expertise was more important than congressional powers in absence of expertise.
This court wanted to further limit #environmental protection in favor of corporations. Now, if you find a large conglomerate is polluting your community's drinking water, the community will have to ask Congress for a rule change*.
*This is my understanding, but I am not a lawyer. I am happy to be corrected.
This is the #Scotus headline at talkingpointsmemo.com. I don't know why it isn't the headline at the NY Times and the Washington Post and everywhere else. It’s certainly accurate. The Supreme Court is granting itself powers not anticipated by the framers, who thought Congress and the executive branch had a role to play.
https://talkingpointsmemo.com/news/supreme-court-chevron-overrule-agency
Supreme Court Executes Massive Power Grab From Executive Branch In New Ruling
The Supreme Court overruled a key pillar of federal agency authority Friday,...TPM
Chevron is gone and courts don't need to listen to experts anymore.
More judicial power being consolidated...
I say don't give it to them. Ignore the illegitimate court.
NBC:
The Supreme Court on Thursday blew up the massive bankruptcy reorganization of opioid maker Purdue Pharma, finding that the settlement inappropriately included legal protections for the Sackler family, meaning that billions of dollars secured for victims is now threatened.
The court on a 5-4 vote ruled that the bankruptcy court did not have the authority to release the Sackler family members from legal claims made by opioid victims. #SCOTUS
Steve Vladeck:
The delay right now is because Justice Sotomayor is reading her dissent in SEC v. Jarkesy from the bench. #SCOTUS
Geidner:
Third and not last, Roberts has the 6-3 decision in SEC v. Jarkesy, affirming the Fifth Circuit on the Seventh Amendment jury trial issue. The court does not reach the other issues. Sotomayor has the liberals' dissent. https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf
Sotomayor is reading from her dissent in Jarkesy. #SCOTUS
NBC:
Supreme Court sidesteps ruling on emergency room abortion-access dispute
The court opted against deciding whether Idaho’s abortion ban conflicts with a federal law that sets standards for hospital emergency room care, leaving legal question unresolved.
Via @emptywheel:
Of course not. An immune Biden could just have Trump removed by Seal Team 6, as Trump's own attorney argued.
David Dayen:
No way #SCOTUS was deciding the Trump immunity case before the debate
Gerstein:
JUST IN: We appear to have a July spillover for #SCOTUS decisions. Marshal said court is coming back tomorrow. Chief did not announce it as final day. So we expect opinions some day(s) next week. 1st July spill since 2020-21 pandemic term
The first #SCOTUS opinion today: Ohio v. EPA.
Gerstein:
Ohio v. EPA good neighbor plan. 5-4 Gorsuch. EPA rule is stayed Barrett joins libs and writes dissent https://supremecourt.gov/opinions/23pdf/23a349_0813.pdf Next opinion also Gorsuch
✔️ Via Claire McCaskill:
Once again for those who didn’t hear it….THE SUPREME COURT DID NOT DECIDE TO ALLOW EMERGENCY CARE FOR PREGNANT WOMEN….THEY JUST DELAYED THE DECISION. #SCOTUS
They don't care if we breathe...
SCOTUS is completely illegitimate at this point.
They're going to overturn the Chevron decision next and make our lives even worse.
As we wait for the US Supreme Court to rule on Trump's immunity, it's worth recalling these dates from Bush v. Gore:
Argued December 11, 2000
Decided December 12, 2000
It's another SCOTUS opinion morning. The usual lineup:
Watching the SCOTUSBlog's live blog on https://www.scotusblog.com
Following LawDork's @chrisgeidner
(https://www.lawdork.com)
Reading the opinions of the court here:
https://www.supremecourt.gov/opinions/slipopinion/23
Also following @GottaLaff for other commentary
Law Dork | Chris Geidner | Substack
The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.www.lawdork.com
Via Katie Phang:
The first #SCOTUS opinion today: Murthy v. Missouri. Written by Justice Barrett. 6-3, Alito dissenting joined by Thomas and Gorsuch
Geidner: reversing the 5th Circuit and holding that the plaintiffs lack standing in the case against Biden admin's social media outreach.
Via Scott MacFarlane:
No Supreme Court ruling today on Trump “presidential immunity”
For 141 days, the criminal docket has remained frozen in the #Trump DC criminal case
It’s 131 days til election. The Supreme Court review has cost prosecutors more than half of available pre-election time for trial #SCOTUS
Oh look another decision limiting the reach of bribery laws.
At least it is authored by one of the Justices not accused of being bribed by billionaires.
#uspol #politics #uspolitics #legal #law #lawfedi #SCOTUS #SupremeCourt
The second and FINAL #SCOTUS opinion today: Snyder v. US. Written by Justice Kavanaugh. The vote is 6-3. Jackson dissents, joined by Sotomayor and Kagan.
Geidner:
The final SCOTUS decision today is Snyder v. US. Kavanaugh has the court's 6-3 decision on ideological grounds, holding that the Section 666 bribery statute does not apply to "gratuities" given for public officials' *past* acts. Jackson writes the liberals' dissent.
#SCOTUS Will Not Hear Challenge to #Georgia Utility Board Elections
Georgians will continue to vote for members of its state utility board in at-large elections after the U.S. Supreme Court declined to hear a Voting Rights Act challenge to the method today.
Black voters argued the at-large system prevented them from electing a candidate of their choice, leading to a lack of representation at the state-wide level.
https://www.democracydocket.com/news-alerts/georgia-voters-bring-public-service-commission-elections-case-to-us-supreme-court/
