Wall Street Journal: “A Supreme Court decision that threw out the fraud convictions of two political aides to former New Jersey Gov. Chris Christie is rippling through other white-collar cases, possibly buttressing appeals by other defendants who say federal prosecutors have become too aggressive in using antifraud laws to go after dishonest conduct.”
Justices Not Taking Up Cases on Abortion and Guns
USA Today: “Rather than handing conservatives a string of wins, the Supreme Court has left advocates on the right grasping for answers about high-profile cases.”
Justices Again Block Covid Restriction on Religious Activty
CNN: “The Supreme Court by a 5-4 vote on Friday blocked another state Covid-19 restriction on religious services, with another late-night order, over protests from California officials that the limits affecting some Bible study sessions did not impinge on religious rights and were to be lifted within days.”
McConnell Calls Biden Commission an ‘Assault’ on Judiciary
Senate Minority Leader Mitch McConnell tore into President Biden’s new commission studying potential changes to the Supreme Court, Fox News reports.
McConnell released a statement calling Biden’s commission, which will study topics including whether to add more seats to the nation’s highest court, a “direct assault on our nation’s independent judiciary.”
Trump’s Power Won’t Peak for Another 20 Years
Jacob Finkel: “The Trump presidency may be over, but the Trump era has only just begun—at least when it comes to influence over the nation’s courts. Measured solely by the number of judges he appointed, Donald Trump’s impact is staggering: 234 judges, including 54 powerful appellate judges, almost one out of every three. By comparison, President Barack Obama appointed 172 judges (30 of them appellate) in his first term, while George W. Bush managed 204 (35 appellate).”
“But Trump will have an even greater influence than this measurement suggests. That is because his judges won’t reach the apogee of their power until the early 2040s, when Trump-appointed chief judges are on track to simultaneously sit atop nearly every appeals court in the country.”
Biden Orders Study on Expanding Supreme Court
“President Biden on Friday will order a 180-day study of adding seats to the Supreme Court, making good on a campaign-year promise to establish a bipartisan commission to examine the potentially explosive subjects of expanding the court or setting term limits for justices,” the New York Times reports.
Breyer Rejects Calling Supreme Court ‘Conservative’
“Justice Stephen Breyer rejected the characterization of the U.S. Supreme Court as ‘conservative,’ pointing to its decision to stay out of the 2020 presidential election fray as evidence that the court doesn’t operate as a political body.” Bloomberg reports.
“Breyer also cited recent decisions upholding the Affordable Care Act, reaffirming abortion rights and rebuffing former President Donald Trump on his immigration policies in arguing that Supreme Court justices shouldn’t be seen as ‘junior league politicians.’”
Justices Dismiss Case Over Twitter and Trump Critics
“The Supreme Court on Monday dismissed a case over former President Donald Trump’s efforts to block critics from his personal Twitter account,” the AP reports.
“The court said there was nothing left to the case after Trump was permanently suspended from Twitter and ended his presidential term in January.”
Religious Liberty on Winning Streak at Supreme Court
Adam Liptak: “The Supreme Court has become far more likely to rule in favor of religious rights in recent years, according to a new study that considered 70 years of data.”
“The study, to be published in The Supreme Court Review, documented a 35-percentage-point increase in the rate of rulings in favor of religion in orally argued cases, culminating in an 81 percent success rate in the court led by Chief Justice John G. Roberts Jr.”
Another Obamacare Case Makes It to Supreme Court
Vox: “Kelley v. Becerra is the fourth round of litigation attacking major provisions of the Affordable Care Act. It seeks to take out several provisions of Obamacare governing which forms of preventive care — things like birth control or vaccinations or cancer screenings — must be covered by health insurers.”
“Though the primary legal argument in Kelley is tough to square with existing legal precedents, five members of the Supreme Court recently signaled that they intend to abandon longstanding legal principles in favor of the same interpretation of the Constitution proposed by the Kelley plaintiffs.”
Republicans Trod Well-Worn Path to Court to Sue Biden
Associated Press: “These are busy days for Republican state attorneys general, filing repeated lawsuits that claim President Joe Biden and his administration are overstepping their authority on immigration, climate change, the environment and taxes.”
“Most of the action is in federal courts where former President Donald Trump was able to appoint conservative judges. The strategy harks back to what Democrats did during Trump’s presidency, heading to court in New York, California, Maryland and other states where they were likely to receive a friendly reception.”
Supreme Court Grills NCAA
USA Today: “The Supreme Court’s justices on Wednesday expressed significant questions about the NCAA’s athlete-compensation limits, but they also showed concerns that a case challenging those limits could destroy college sports as they currently exist.”
“The NCAA’s lawyer… faced pointed inquiry from nearly all of the justices.”
Wisconsin High Court Strikes Down Mask Mandate
“Wisconsin’s Supreme Court struck down Gov. Tony Evers’ (D) statewide mask mandate on Wednesday by ruling against multiple emergency declarations made during the pandemic,” Axios reports.
“The court ruled that the governor overstepped his powers by issuing multiple emergency declarations for the pandemic, lasting longer than 60 days, without approval from the state legislature. The ruling invalidates the current mask mandate in the state, which was set to expire next Monday.”
Biden Seeks to Bring Diversity to the Bench
Vox: “Nine of Biden’s 11 nominees are women, and a majority are people of color. So Biden is clearly signaling that he intends to name judges who will add racial and gender diversity to the bench. His list would also add a different kind of diversity to a bench populated with former law firm partners and prosecutors, as almost half of the nominees worked as criminal defense lawyers for indigent clients.”
“If this list is any sign of how Biden plans to pick judges in the future, an ambitious young lawyer with judicial aspirations is better off taking a job representing poor Americans during the most vulnerable moment of their lives than they are taking a job trying to lock up those Americans.”
Biden to Announce First Slate of Judicial Nominees
“President Biden plans to announce his first slate of judicial nominees on Tuesday, elevating U.S. District Judge Ketanji Brown Jackson to the influential appeals court in Washington to succeed Merrick Garland as part of the largest and earliest batch of court picks by a new administration in decades,” the Washington Post reports.
“Jackson, often mentioned as someone who could become the first Black woman on the Supreme Court, is among Biden’s 11 nominations that include three Black women for appeals court vacancies and the first Muslim American to serve on a District Court. The group is designed to send a message about the administration’s desire for more diversity on the federal bench and how rapidly the president wants to put his mark on it.”
New York Times: Biden names diverse nominees for federal bench.
Biden Will Get Early Chance to Shape Judiciary
Wall Street Journal: “Mr. Biden’s options have been bolstered by about 18 judges—10 appointed by Democrats, eight by Republicans—who have cleared the way for Mr. Biden to appoint a successor by taking senior status since he was sworn in as president on Jan. 20. That compares with 10 during the first two months of President Trump’s term.”
Supreme Court Will Take Up Abortion Case
Politico: “The Supreme Court on Monday announced it will hear its first abortion case with a newly fortified 6-3 conservative majority, taking up a procedural question of who has the power to defend state abortion restrictions in court.”
“The justices agreed to hear the Kentucky attorney general’s bid to intervene in a lawsuit over a state abortion ban that the governor refused to defend. However, the court refused the Kentucky attorney general’s request to consider whether a lower court decision striking down the ban should be thrown out.”
Justices Sit on Blockbuster Abortion Case
“The Supreme Court is sitting on a petition in a Mississippi abortion case that could blow the lid off Roe v. Wade,” the Washington Examiner reports.
“The case, Dobbs v. Jackson Women’s Health Organization, has been before the court since September without a word from the justices. It has been considered at the court’s conferences eight times and each time left on the table. That likely means that fewer than four justices so far have voted to take up the case. Another possibility is that the court has already rejected the case and one of the conservative justices is working on a dissent that will be released in one of the court’s orders list.”
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