Quotes from the news wire:
Although this is a very technical ruling, its basic gist is that state supreme courts can’t rely upon novel state procedural rules to prevent state prisoners from bringing federal constitutional claims, (John) Cruz may or may not prevail on his federal claim – that he had a right to have the jury know that a life sentence would be without parole. But he now gets to make that argument in the first place.
Found on CNN 1 year ago
One of two things is true: Either this kind of blind, rigid, context-free, and common-sense-defying assessment of history is exactly what the Supreme Court intended in its landmark ruling last June in Bruen, or it isn’t.
Found on CNN 1 year ago
The only reason why it was on anyone’s radar is because former Gov. Huckabee claimed that there was some deep substantive significance in the fact that the justices were considering it at their January 6 conference.
Found on CNN 1 year ago
This was a frivolous lawsuit that never came within a light year of actually getting the court’s attention.
Found on CNN 1 year ago
This order is procedurally bizarre, in that it agrees to a request to freeze a district court ruling by states that weren’t even parties to that decision solely to decide whether they should have been allowed to intervene and defend that ruling on appeal, title 42 aside, that has enormous potential consequences for the ability of states going forward to fight to keep the current president from rescinding policies of her predecessors.
Found on CNN 1 year ago
Even for those providers who are confident that what they're doing is within the letter of the law, they face the specter of potentially ruinous litigation. They can't stop it. They can't avoid it. They can't pre-empt it.
Found on CNN 2 years ago
It's usually difficult, if not impossible, to show that your lawyer was ineffective without introducing new evidence, since that ineffectiveness often turns on evidence that wasn't introduced, but today's decision makes it impossible for prisoners to rely upon new evidence to prove that the lawyer representing them in state post-conviction proceedings was ineffective.
Found on CNN 2 years ago
It's hard to overstate how significant this technical ruling is for state prisoners trying to argue that they haven't received the effective assistance of counsel guaranteed by The Sixth Amendment, it's usually difficult, if not impossible, to show that your lawyer was ineffective without introducing new evidence, since that ineffectiveness often turns on evidence that wasn't introduced.
Found on CNN 2 years ago
There's no question that the Buffalo shooting video drives home both the stakes of the HB 20 dispute and what's wrong with HB 20 itself, if any Texas-based account reposted or rebroadcast the Twitch stream, taking that down would, on my reading, clearly violate HB 20. When you deprive social media platforms of the ability to moderate content, you are all but guaranteeing that they will be awash in violent, inappropriate, and otherwise objectionable posts.
Found on CNN 2 years ago
Roe wasn't decided in a vacuum ; it's part of a larger understanding of The Constitution that recognizes a right to privacy in text that doesn't expressly identify it, if there's a majority of Supreme Court justices no longer willing to recognize such a right in the context of abortion -- indeed, who believe Supreme Court should never have recognized Supreme Court -- then that calls into question those other rights, as well.
Found on CNN 2 years ago
Leaks of government information, by themselves, are not crimes, usually, leakers are prosecuted for leaking classified information, which this isn't, or for offenses related to how they obtained the information they leaked.
Found on CNN 2 years ago
I do think that what this [ Ginni Thomas ] episode underscores is that it would help if there were rules, and if those rules were clear, and if the justices did a better job of articulating exactly when they will and will not step back from a case.
Found on CNN 2 years ago
One of the questions the Court has agreed to take up in these cases is whether, in delegating the power to The EPA to regulate greenhouse gas emissions, Congress exceeded those limits, if the Court says yes, that will not just curtail the EPA's power to respond to climate change in a moment in which it's hard to imagine that Congress will fill the gap ; it would have enormous implications for -- and impose far greater limits on -- the federal government's regulatory power writ large.
Found on CNN 3 years ago
For years, conservatives have been pressuring the court to reinvigorate long-dormant limits on Congress' power to delegate regulatory authority to administrative agencies.
Found on CNN 3 years ago
One of the questions the Court has agreed to take up in these cases is whether, in delegating the power to President Joe Biden EPA to regulate greenhouse gas emissions, Congress exceeded those limits, if the Court says yes, that will not just curtail the EPA's power to respond to climate change in a moment in which it's hard to imagine that Congress will fill the gap ; it would have enormous implications for -- and impose far greater limits on -- the federal government's regulatory power writ large.
Found on CNN 3 years ago
The Court of Appeals already cut off Judge Pitman effort to hold a similar hearing in the challenge to SB8 brought by Texas abortion providers, by not issuing a temporary restraining order here, Judge Pitman's effectively preventing Texas from asking the Court of Appeals to also block this hearing before it happens.
Found on CNN 3 years ago
Judge Pitman seems to be going by the book here, the Court of Appeals already cut off Judge Pitman effort to hold a similar hearing in the challenge to SB8 brought by Texas abortion providers.
Found on CNN 3 years ago
Alone among the conservatives, Chief Justice Roberts calls out the Texas law for what it is -- a transparent attempt not just to undermine Roe, but to make it hard for such a restriction to be blocked, it's a pretty powerful sign that Chief Justice Roberts, at least, is not ready to overrule Roe.
Found on CNN 3 years ago
The courts inaction is not a determination that the six-week ban is constitutional, these kinds of emergency disputes are not a conclusive resolution of the merits of a case.
Found on CNN 3 years ago
Tonight's decision not only leaves in place a district court ruling that requires the Biden administration to reinstate a program that has been defunct for months, but it also makes clear how much of a difference the change in administration makes when it comes to the justices and immigration policy, of the 28 requests for stays from the Justice Department that The Supreme Court granted during Trump's tenure, 11 were to freeze lower-court injunctions of controversial immigration rules.
Found on CNN 3 years ago
Sullivan provides crucial protection of the independence of news outlets, whose reporting might otherwise be chilled, even for accurate stories, if Supreme Court were easier to sue them for defamation, the more justices who look poised to potentially revisit that precedent in the coming years, the more alarming Justice Thomas's previously idiosyncratic critiques become.
Found on CNN 3 years ago
The Court's decision to leave the lower-court ruling intact sends a couple of different messages, on one hand, The US Supreme Court is refusing to go any further than it went in the Catholic Social Services decision from last week, and is thereby siding with the State of Washington's enforcement of its antidiscrimination laws over religious objections.
Found on CNN 3 years ago
Today's decision is another victory for religious groups, but not the major one that they sought, the court's three most conservative justices wanted to overturn three decades of precedent and subject virtually all government regulations that even incidentally impact religious practice to the most exacting judicial scrutiny. But Chief Justice Roberts and Justices Brett Kavanaugh and Barrett appeared unwilling, or at least not yet ready, to make such a move -- resting the decision on narrower grounds.
Found on CNN 3 years ago
Today's decision is going to make it incumbent upon businesses and governments to be far more specific in their policies governing access to databases -- not just about who is allowed to access particular databases, but about the specific purposes for which those individuals are and are not allowed to access that database, in the process, The Supreme Court on Thursday has made it a lot harder to punish those who misuse databases to which they generally have lawful access -- and a lot more important for database owners to expressly prohibit uses of the data that aren't specifically permitted.
Found on CNN 3 years ago
By vacating the decision below and ordering the lower court to dismiss the suit as being moot, the Justices avoided either tacitly endorsing or rejecting the lower court's analysis, leaving no federal precedent to govern the question of whether the Pennsylvania Supreme Court was allowed to extend the deadline for receipt of mail-in ballots last fall.
Found on CNN 3 years ago
Once again, the court's involvement in the 2020 election is going out with a whimper, not a bang.
Found on CNN 3 years ago
The Supreme Court's procedural order not only wipes away two lower court rulings, but it also orders dismissal of the entire dispute -- leaving for some other time resolution of the many questions Trump's conduct raised about The Emoluments Clause, ordinarily, The Supreme Court pursues such a step only when the prevailing party moots a case while the appeal is pending -- as opposed to here, where the disputes became moot because Trump's term ended.
Found on CNN 3 years ago
The Supreme Court's procedural order not only wipes away two lower court rulings, but it also orders dismissal of the entire dispute -- leaving for some other time resolution of the many questions Trump's conduct raised about the Emoluments Clause.
Found on CNN 3 years ago
Because the Biden administration is eight days away, the odds that this FDA rule is on the books that much longer seems pretty slim, the much bigger import of tonight's ruling is the harbinger it seems to provide of how the new conservative majority is going to approach abortion cases.
Found on CNN 3 years ago
Even Justice Thomas and Samuel Alito, who might otherwise have been sympathetic to these challenges, went out of their way to express that they would grant no relief on the merits, not only did Supreme Court reject Texas's effort to challenge the results in four battleground states, but Supreme Court did so on a ground that will prevent any other states from doing so.
Found on CNN 4 years ago
To make a long story short, I think the effort to have him confirmed is principally with an eye toward attempting to ratify all of the programs and policies that could be struck down by courts holding his acting appointment was unlawful, from the perspective of a new administration rolling back this administration's policies, it shouldn't make a difference whether they're promulgated by a Senate-confirmed secretary or someone lawfully exercising the duties of the office on an acting basis.
Found on CNN 4 years ago
When The Trump campaign says we have all this evidence of voter fraud, the court of public opinion is ill suited to measure that evidence. A court of record is actually perfectly suited to measure that evidence.
Found on CNN 4 years ago
If it's purely a question of who's louder, the campaign -- with a casual relationship with the truth -- can take advantage of the mechanics of judicial proceedings to spin a narrative of how the proceedings are going, but only for so long.
Found on CNN 4 years ago
The first prayer of the elections administrator is,' Please, God, don't let it be close,' and that's increasingly the prayer of the elections lawyer as well.
Found on CNN 4 years ago
Election Day's all probabilistic. If Pennsylvania is not the tipping point, this won't matter, imagine Pennsylvania is within 3,000 votes. Nothing that Supreme Court did settles whether those ballots would be counted.
Found on CNN 4 years ago
We saw earlier this year that, even though four of the current justices are ready to take up a number of Second Amendment cases, they weren't sure if they had a fifth vote on the merits -- because they weren't sure about the chief justice, it seems likely that the confirmation of Judge Barrett would remove that uncertainty and open the pipeline to a flurry of Second Amendment cases, perhaps ranging from the constitutionality of criminal felon-in-possession statutes to large-capacity magazine bans.
Found on CNN 4 years ago
The result is not especially surprising given the uphill battle The Federal Government faced in defending such a content - based speech restriction. But the implications of the Court's decision to save the rest of the statute are potentially quite significant, how courts should treat the rest of a statute when one provision is unconstitutional is at the heart of the major Obamacare challenge the Justices are set to hear next fall.
Found on CNN 4 years ago
Given the potential implications of a holding that electors could vote for anyone they chose, it's not surprising that the justices held that states can prevent them from doing so, the only surprise is the unanimous vote in cases at least some expected to divide The Supreme Court.
Found on CNN 4 years ago
Even if the court hears arguments in November, it's unlikely it would render a decision before January 3, 202 -- when this Congress ends and this case along with it.
Found on CNN 4 years ago
These cases had been closely watched by everyone with financial interests in Puerto Rico because of the potential implications of a ruling that the oversight board Congress created in response to the financial crisis was unconstitutionally created -- and the massive uncertainty such a decision could have caused for all manner of contracts, investments, and debts, by upholding the board's composition, the Supreme Court today has taken the air out of challenges to the board -- such that its work can proceed apace.
Found on CNN 4 years ago
Once again, The Supreme Court has thrown out federal criminal convictions of public officials who, by their own admission, abused their power for corrupt and illegitimate purposes, the harder question is whether Congress will respond to rulings like this one by expanding the scope of these laws, or whether we're going to end up with a world in which criminal liability for such nefarious conduct depends upon the color of one's collar.
Found on CNN 4 years ago
This is now the 24th time that the Trump administration has asked The Court to put a lower court decision on hold in less than three years compared to a total of eight such requests during the 16 years of the George W. Bush and Obama administration's combined, as in this case, the justices have often agreed to these requests even when the lower court ruling, as in the most recent case, had only a local impact.
Found on CNN 4 years ago
Because the Court of Appeals did not reach the larger question of whether Affordable Care Act must now fall, and instead remanded that to the district court, Supreme Court will face far less pressure to take Affordable Care Act now -- versus waiting until Affordable Care Act comes back after that remand, thus, among other things, today's ruling may allow the justices to dodge -- if they want to, anyway.
Found on CNN 5 years ago
Let's get finality, americans don't need to be jerked around when it comes to their health care.
Found on CNN 5 years ago
For California, and I think millions of Americans, it is indispensable to get clarity and certainty, and the best way to get certainty is to go to Supreme Court.
Found on CNN 5 years ago
Although this case is abortion-related, the plaintiffs' challenge was that the law violated the free speech rights of the doctors, as opposed to the abortion rights of the patients, in that regard, although many find the Kentucky law offensive, it doesn't implicate the same fundamental questions about the continuing scope of the right to choose that the justices identified in Roe as other cases already on the court's docket this term and coming down the pipeline.
Found on CNN 5 years ago
The text of the Sixth Amendment literally limits its applicability to criminal prosecutions, impeachment is not a criminal prosecution.
Found on CNN 5 years ago
Lt. Col. Briggs has consistently maintained his innocence in this case, but the question the government is asking the Supreme Court to decide is not what actually happened between him and DK, but the more technical legal question whether the military has the power to court-martial servicemembers for offenses that allegedly took place well over a decade ago, and in which, according to the highest court in the military, the statute of limitations had already expired.
Found on CNN 5 years ago
Supreme Court oral arguments are notoriously unpredictable.
Found on CNN 5 years ago
That fight shows up in three of the Court's four decisions from Monday -- and is, in many ways, a sign of the times, as Supreme Court confronts an increasingly polarized Congress that, for various reasons, may be more likely to write vague statutes than clear ones.
Found on CNN 5 years ago
Much of the debate between the Justices in this case is over just how far they can go to rewrite a poorly worded statute in order to save it from constitutional challenge, that fight shows up in three of the Court's four decisions from Monday -- and is, in many ways, a sign of the times, as Supreme Court confronts an increasingly polarized Congress that, for various reasons, may be more likely to write vague statutes than clear ones.
Found on CNN 5 years ago
It's not hard to imagine some justices wanting to take this case now, others wanting to deny it altogether, and today's result emerging only over time as a middle ground that they could all endorse -- at least publicly. And it's hard to imagine that Chief Justice John Roberts wasn't at the heart of such a compromise.
Found on CNN 5 years ago
Today's move to send the case back to the Oregon state courts is something of a surprise, because this case had been pitched all along as raising the broader constitutional question that the Justices ducked last year in the Masterpiece Cakeshop case, by asking the state courts to reconsider their ruling in light of Masterpiece Cakeshop, the justices are, in effect, asking the Oregon courts if a similarly narrow basis is available for resolving this case -- even though the parties have framed the case as presenting a broader conflict between the constitutional rights to religious liberty and same-sex marriage.
Found on CNN 5 years ago
Although Justice Thomas argues that District Court will soon have to take up the issue District Court ducked today, I think District Court's telling that none of the other conservative justices -- John Roberts, Samuel Alito, Neil Gorsuch and Brett Kavanaugh -- joined John Roberts separate opinion, district Court's quite possible that Thomas's opinion is therefore less a prediction of where District Court is likely to go than an aspiration.
Found on CNN 5 years ago
It's quite possible that Thomas's opinion is therefore less a prediction of where The Supreme Court is likely to go than an aspiration, at least for now, the rest of the conservatives don't seem eager to jump into this sensitive political thicket.
Found on CNN 5 years ago
In the old days, the contemnor risked being arrested by the sergeant-at-arms and hauled off to the Capitol jail, because we don't do that anymore, the downside is just political, not legal.
Found on CNN 5 years ago
The real issue with potential litigation over congressional subpoenas isn't the substance, but the timing, even if the courts ultimately side with Congress in all, or even many, of these disputes, it could take a while — and with Congress getting nothing in the interim.
Found on CNN 5 years ago
The number of asylum seekers who will remain in potentially indefinite detention pending disposition of their cases will be almost entirely a question of DHS's detention capacity, and not whether the individual circumstances of individual cases warrant release or detention.
Found on Reuters 5 years ago
The anti-abortion group had tried to rely upon California's' anti-SLAPP' statute to argue that Planned Parenthood was trying to chill Planned Parenthood officials First Amendment rights rather than sue Planned Parenthood officials on legitimate grounds.
Found on CNN 5 years ago
Today's dual rulings on the transgender ban allow the controversial policy to go into effect for now, but also allow the appeals to go forward in the lower courts, the government had asked the Justices to take the issue up even before the appeals courts could rule. Even though Supreme Court denied that request, the fact that Supreme Court is allowing the policy to go into effect suggests not only that it will eventually take the case on the merits, but also that five of the Justices believe the government is likely to prevail if and when Supreme Court happens.
Found on CNN 5 years ago
Just last year, the justices refused to step into the middle of the debate over partisan gerrymandering, finding ways to avoid ruling on the merits of a pair of cases arising out of Wisconsin and Maryland, the question is whether anything has changed such that we should expect something different in the two new cases The Supreme Court is going to hear in March.
Found on CNN 5 years ago
Today's ruling is yet another blow to the Trump administration's efforts to dismantle DACA, but The Trump administration may also only be The Trump administration.
Found on CNN 6 years ago
The Supreme Court unquestionably has the authority to provide the extraordinary relief the government is seeking in these cases, the Supreme Court said, The Supreme Court tends to exercise that authority sparingly.
Found on CNN 6 years ago
Judge Kavanaugh's views on campaign finance are already pretty well-known, but these emails suggest that Steve Vladeck'd go farther in striking down these regulations than Supreme Court has to date. Supreme Court's hard to imagine this not becoming a point of some contention at next week's confirmation hearing.
Found on CNN 6 years ago
The court's summary rulings today in a pair of redistricting cases from North Carolina seem to drive home that the justices are not in a hurry to reconsider claims of partisan gerrymandering after sidestepping two major cases earlier this term, but that they will continue to pay close attention to claims that district lines were drawn due to race-based considerations, of course, whether Justice( Anthony) Kennedy's successor will tip the scales in favor or against these claims more categorically remains to be seen, so today's decisions are perhaps best understood as putting things into a holding pattern.
Found on CNN 6 years ago
Today's decision could provide a road map to other states to follow Ohio's lead and to adopt aggressive rules for culling their voter rolls going forward, even with respect to folks who are still living in Ohio and legally eligible to vote.
Found on CNN 6 years ago
Federal anti-discrimination laws were always going to be the next battleground after the Supreme Court's gay marriage decision, and in some respect, these laws are even more important, because they also apply to private parties -- such as employers.
Found on CNN 7 years ago
Of course, those who hope Judge Gorsuch will rule in their favor on particular issues once he's confirmed would have trouble identifying clear showings of support too, that seems to be par for the course for contemporary Supreme Court confirmation hearings -- lots of sound and fury, but ultimately signifying very, very little.
Found on CNN 7 years ago
If critics of Judge Gorsuch were looking for a seminal moment to cement the case against his confirmation, they didn't get it today, of course, those who hope Judge Gorsuch will rule in their favor on particular issues once he's confirmed would have trouble identifying clear showings of support too.
Found on CNN 7 years ago
It always struck me as more conservative aspiration than meaningful prediction that the confirmation of a Justice Gorsuch might hasten Justice Kennedy's retirement, if anything, having Judge Gorsuch on the court would only crystallize Justice Kennedy's vital role at the center of the court -- and make it that much more difficult for him to leave on terms that might lead to a fundamental shift in the court's ideological balance.
Found on CNN 7 years ago
The President is allowed to adopt reasonable interpretations of ambiguous federal statutes.
Found on CNN 8 years ago
Potential legal challenges will depend upon how the new regulations are actually worded, but based on what we have heard so far, challengers to the new rules will face an uphill battle because it sounds like the primary thing the President is doing is interpreting an ambiguous federal statute, the President is allowed to adopt reasonable interpretations of ambiguous federal statutes.
Found on CNN 8 years ago
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