Supreme Court Justice Ketanji Brown Jackson was welcomed there with a traditional investiture ceremony attended by President Joe Biden, Vice President Kamala Harris and their spouses, CNBC reports.
What to Expect from the New SCOTUS Term
The Economist: “Three months after scrapping abortion rights, fortifying the right to bear arms and bulldozing the church-state wall, the Supreme Court’s six-justice conservative majority will take to the bench on October 3rd to reconsider more areas of American law and life. Sprinkled among the 27 cases the court has agreed to hear in its new term (about half of its eventual docket) are a few that—like last year’s crop—offer opportunities to overhaul decades-old principles.”
“Among the longest-enduring precedents under review are decisions permitting universities to consider race in admissions.”
Supreme Court Trust at Historical Lows
A new Gallup poll finds 47% of U.S. adults say they have “a great deal” or “a fair amount” of trust in the Supreme Court.
This represents a 20-percentage-point drop from two years ago, including seven points since last year, and is now the lowest in Gallup’s trend by six points.
Washington Post: Supreme Court, dogged by questions of legitimacy, is ready to resume.
Federal Judge Decries GOP Leaders
“A federal judge delivered a blistering rebuke of Republican Party leaders Tuesday for what she said was a cynical attempt to stoke false claims of election fraud of the kind that fueled the Jan. 6 attack on the Capitol,” Politico reports.
Said U.S. District Court Judge Amy Berman Jackson: “The judiciary has to make it clear: It is not patriotism, it is not standing up for America to stand up for one man — who knows full well that he lost — instead of the Constitution he was trying to subvert.”
She added: “Some prominent figures in the Republican Party are cagily predicting or even outright calling for violence in the streets if one of the multiple investigations doesn’t go his way.”
Top State Judges Make Rare Plea to Supreme Court
The Conference of Chief Justices, a group representing the top state judicial officers in the nation, filed a brief in the U.S. Supreme Court urging the court to reject “a legal theory pressed by Republicans that would give state legislatures extraordinary power,” the New York Times reports.
“If the Supreme Court adopts the theory, it will radically reshape how federal elections are conducted by giving state lawmakers independent authority, not subject to review by state courts, to set election rules in conflict with state constitutions.”
Breyer Is ‘Very, Very, Very Sorry’ About Abortion Decision
Former Supreme Court Justice Stephen Breyer lamented the Supreme Court’s reversal of Roe v. Wade in a CNN interview, saying he is “very, very, very sorry” about it.
Said Breyer: “Was I happy about it? Not for an instant. Did I do everything I could to persuade people? Of course, of course. But there we are and now we go on. We try to work together.”
He also condemned the leak of the draft opinion: “It was very damaging because that kind of thing just doesn’t happen. It just doesn’t happen. And there we are.”
Florida Brings Battle Over Social Media to Supreme Court
Florida’s attorney general “asked the Supreme Court to decide whether states have the right to regulate how social media companies moderate content on their services, a move that sends one of the most controversial debates of the internet age to the country’s highest court,” the Washington Post reports.
Supreme Court Fight Over Social Media Looks Likely
“Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark Supreme Court decision on whether the First Amendment protects Big Tech’s editorial discretion or forbids its censorship of unpopular views,” the Washington Post reports.
“The stakes are high not just for government and the companies, but because of the increasingly dominant role platforms such as Twitter and Facebook play in American democracy and elections. Social media posts have the potential to amplify disinformation or hateful speech, but removal of controversial viewpoints can stifle public discourse about important political issues.”
Biden Outpacing Trump with Judicial Nominations
“President Biden has appointed more new federal judges than former President Trump had at the same point in his term, and there are more still to come,” Axios reports.
Biden’s Court Nominee Fails to Win Confirmation
“President Biden’s nominee to serve as the first Black woman judge on the 3rd Circuit Court of Appeals failed to win confirmation in the Senate Tuesday after two Democratic senators missed the vote: Sens. Maggie Hassan (D-NH) and Tammy Duckworth (D-IL),” The Hill reports.
“The failed confirmation vote could delay the start of the debate on the Respect for Marriage Act, which was expected to begin at the end of this week, if Schumer decides to bring Freeman back to the floor quickly.”
Elena Kagan Calls Supreme Court Leak ‘Horrible’
“Supreme Court Justice Elena Kagan called the unprecedented leak of a draft opinion striking down Roe v. Wade last term ‘horrible’ and said she expects justices to be given a status update by the end of the month on an investigation into the leak,” CNN reports.
Said Kagan: “I don’t know anything. I suspect my colleagues don’t know anything, except for the chief justice maybe, about what the investigation has turned up if anything.”
Trump Judges on a Tear
“A decision by a judge appointed by former President Donald Trump to temporarily halt a Justice Department investigation into Trump’s handling of classified documents at his Mar-a-Lago estate triggered an avalanche of criticism from across the legal spectrum, including attacks from conservatives who served in the Trump administration,” Politico reports.
“But Judge Aileen Cannon’s ruling is just one of a flurry of controversial decisions by Trump judges in recent months that have been criticized as out of step with longstanding legal principles.”
Supreme Court Returns to Normal
The Supreme Court will finally reopen oral arguments to the public this fall after closing its doors during the pandemic, CNN reports.
Ginni Thomas Linked to Anti-Abortion Groups
Ginni Thomas has reportedly been found to have ties to more than half the anti-abortion groups that lobbied the U.S. Supreme Court — and her husband, Justice Clarence Thomas — before they overturned the landmark abortion ruling in Roe v. Wade, The Guardian reports.
Gorsuch Said Probe of Leaked Roe Draft Continues
“Justice Neil Gorsuch said Thursday that the Supreme Court’s investigation of the May leak of the draft opinion overruling Roe v. Wade was continuing, and that a report on the incident is coming,” the Wall Street Journal reports.
“Like other justices, Justice Gorsuch condemned the leak of the draft opinion, and suggested it had been intended to affect the outcome of the abortion case.”
Abortion Supercharges State Supreme Court Races
Politico: “Thirty states have or will hold state Supreme Court elections this year, in a combination of traditional elections or a retention vote — an up-or-down vote to decide if a judge should stay on the bench. And some of the biggest state Supreme Court contests this year map alongside traditional battlegrounds, like Michigan and North Carolina, while others creep into redder or bluer territory.”
Judge Faces Firestorm After Signing Search Warrant
Magistrate Judge Bruce Reinhart is facing a political firestorm — including death threats — after signing the Mar-a-Lago search warrant, the Palm Beach Post reports.
“Those who worked with Reinhart during the decade he worked as a federal prosecutor in West Palm Beach said they are stunned by the misinformation and the malice being heaped on a magistrate who was simply doing his job.”
Judges Say House Panel Can Have Trump’s Tax Returns
“The D.C. Circuit Court of Appeals ruled Tuesday that the House Ways and Means Committee can obtain former President Trump’s tax returns from the Internal Revenue Service,” Axios reports.
“Trump has been fighting the release of his tax returns to the committee for more than three years.”
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