The U.S. Supreme Court

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Supreme Court opinion conferring broad immunity could embolden Trump as he seeks to return to power

WASHINGTON (AP) — In her dissent from a Supreme Court opinion that afforded former President Donald Trump broad immunity, Justice Sonia Sotomayor pondered the potential doomsday consequences: A president could pocket a bribe for a pardon, stage a military coup to retain power, order the killing of a rival by the Navy’s SEAL Team Six — and be protected from prosecution for all of it.

https://apnews.com/article/trump-supreme-court-immunity-jan-6-05af7a7325a03bcb1ce0ad22ec389f1c?

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CONSTITUTIONAL LAW, FREE SPEECH, POLITICSJuly 2, 2024

No, President Biden, the Supreme Court Did Not Remove All Limits on the Presidency

President Joe Biden delivered an address from the White House last night on the presidential immunity decision by the Supreme Court. While pledging that he will defend the rule of law, President Biden misrepresented what that law is in the aftermath of Trump v. United States. While we have often discussed false constitutional claims by the President as well as other false statements, an address of this kind is particularly concerning in misleading citizens on the meaning of one of the most important decisions in history.

 

 

As I have previously written, I am not someone who has favored expansive presidential powers. As a Madisonian scholar, I favor Congress in most disputes with presidents. However, I saw good-faith arguments on both sides of this case and the Court adopted a middle road on immunity — rejecting the extreme positions of both the Trump team and the lower court.

One of the most glaring moments in the address came when President Biden declared that “for all…for all practical purposes, today’s decision almost certainly means that there are virtually no limits on what a president can do.”

That is not true.

The Court found that there was absolute immunity for actions that fall within their “exclusive sphere of constitutional authority” while they enjoy presumptive immunity for other official acts. They do not enjoy immunity for unofficial, or private, actions.

The Court has often adopted tiered approaches in balancing the powers of the branches. For example, in his famous concurrence to Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), Justice Robert Jackson broke down the line of authority between Congress and the White House into three groups where the President is acting with express or implied authority from Congress; where Congress is silent (“the zone of twilight” area); and where the President is acting in defiance of Congress.

Here the Court separated cases into actions taken in core areas of executive authority, official actions taken outside those core areas, and unofficial actions.  Actions deemed personal or unofficial are not protected under this ruling.

It is certainly true that the case affords considerable immunity, including for conversations with subordinates. However, this did not spring suddenly from the head Zeus. As Chief Justice John Roberts lays out in the majority opinion, there has long been robust protections afforded to presidents.

There are also a host of checks and balances on executive authority in our constitutional system. This includes judicial intervention to prevent violations of the law as well as impeachment for high crimes and misdemeanors.

President Biden’s hyper-ventilated response is crushingly ironic. He was vice president when President Barack Obama killed an American citizen without a trial or a charge. When former Attorney General Eric Holder announced the “kill list” policy (that included the right to kill any American citizen), he was met with applause, not condemnation.

The Obama-Biden administration then fought every effort by the family to sue the government. President Biden would have been outraged by any attempt of a Republican district attorney to charge him or President Obama with murder.

He would also be outraged by prosecutors pursuing criminal charges for the deaths associated with the deluge of undocumented persons over the Southern border.

In his address, President Biden also claimed that “the law would no longer” define “the limits of the presidency.”

That is also untrue. This case was remanded for the purpose of defining what of these functions would be deemed private as opposed to official. Even on official actions, former president Donald Trump could be prosecuted if the presumptive immunity is rebutted by prosecutors.

What was most glaring for many civil libertarians was President Biden’s portrayal of himself as a paragon of constitutional fealty.  He declared that “I know I will respect the limits of the presidential powers as I have for the last three-and-a-half years.”

That was also untrue. President Biden has racked up an impressive array of losses in federal courts where he was found to have violated the constitution.

This includes rulings that his administration has exceeded his authority and engaged in racial discrimination in federal programs. Indeed, Biden has often displayed a cavalier attitude toward such violations.

For example, the Biden administration was found to have violated the Constitution in its imposition of a nationwide eviction moratorium through the Centers for Disease Control and Prevention (CDC).  Biden admitted that his White House counsel and most legal experts told him the move was unconstitutional. But he ignored their advice and went with that of Harvard University Professor Laurence Tribe, the one person who would tell him what he wanted to hear. It was, of course, then quickly found to be unconstitutional.

Biden showed the same disregard over the unconstitutionality of his effort to unilaterally forgive roughly half a trillion dollars in student debt. Courts have already enjoined that effort as presumptively unconstitutional (though an appellate court in one of those cases relaxed aspects of the injunction).

The address was used to reinforce his “democracy is on the ballot” campaign theme. Pundits have repeated the mantra, claiming that if Biden is not elected, American democracy will perish.

While some of us have challenged these predictions, the other presidential candidates are missing a far more compelling argument going into this election. While democracy is not on the ballot this election, free speech is.

For many of us in the free speech community, President Biden has become the most anti-free speech president since John Adams. As discussed in my new book,  “The Indispensable Right: Free Speech in an Age of Rage,” the Biden Administration has helped fund and maintain an unprecedented censorship system in the United States.

That record is hardly supportive for a president claiming to be the defender, if not the savior, of the Constitution.

 

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The Supreme Court Wants a Dictator

Monday’s Supreme Court ruling granting far-reaching presidential immunity gives the lie to decades of right-wing propaganda about the real purpose of the long conservative campaign to take over the court.

https://theintercept.com/2024/07/01/supreme-court-trump-presidential-immunity/?

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Roberts’ Rules: Presidents can kill like despots

Regrettably, but not surprisingly, the Supreme Court has now unleashed SEAL Team Six to murder anyone the president directs it to kill.

https://georgiarecorder.com/2024/07/01/roberts-rules-presidents-can-kill-like-despots/

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President Joe Biden is seriously considering publicly endorsing major reforms at the Supreme Court, sources tell CNN. Biden may push for term limits for the nine justices — who currently serve lifetime appointments — as well as an ethics code for the court that would contain an enforcement mechanism. Additionally, Biden may push for an amendment that would reverse the historic ruling from the court earlier this month that gave presidents immunity for some actions they take while in office. News of Biden's forthcoming announcement has been met with praise from progressive court reform groups. It may also help reinvigorate a fraying Democratic coalition as private efforts to nudge Biden out of the 2024 race continue.

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The new presidency

Illustration: Natalie Peeples/Axios

Whoever wins in November, they'll have a nearly impossible time pursuing much of a domestic policy agenda through executive actions, Axios' Sam Baker reports. ⚖️ The big picture: The Supreme Court, in its most recent term, rewrote the rules of the presidency. Presidents, now immune from prosecution for acts that involve their official powers, are personally more powerful than ever before. But as policymakers, they're now much weaker. ✍️ The death of "Chevron deference" will make it exceptionally difficult for future administrations to make new domestic policy — whether that's environmental regulations, health policy or still-emerging areas like governing the use of AI — unless Congress passes new laws. And it's not just Chevron. The conservative court has clipped the executive branch's wings in other, sometimes bigger, ways. The court invoked the "major questions doctrine" to strike down the Biden administration's COVID-era eviction moratorium and workplace vaccine mandates. It ruled, in short, that the executive branch cannot do "major" things without explicit congressional approval. 🔎 The intrigue: In the court's ruling on presidential immunity, Chief Justice John Roberts wrote that presidents must be free from the threat of criminal charges for their official duties because otherwise the president would be unable to "boldly and fearlessly carry out his duties." When an exercise of presidential policymaking is particularly bold or fearless, though, the court often finds that it was illegal. Go deeper.

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🏛️ Biden campaigns against SCOTUS

President Biden will make a public and provocative case for dramatic changes to the Supreme Court today — calling for 18-year term limits and a new code of ethics for justices, Axios' Hans Nichols writes.

• Why it matters: Biden is making it clear he wants to remain in the political debate as he pivots to his legacy.

Biden is pairing his calls for political reform of the court with a direct rebuke of one of its most significant decisions this year — the 6-3 ruling that presidents have immunity for "official acts" they made in office.

• He will use a trip to the LBJ Presidential Library in Texas — for an event to celebrate the 60th Anniversary of the Civil Rights Act — to call for a constitutional amendment that would effectively nullify the immunity decision.

👓 Zoom in: An 18-year term limit would have two major effects.

1. Eventually, it would equally distribute the number of openings a president would have to fill over a four-year team.
2. It would also undercut the logic behind the recent trend of nominating young judges with the hope that they stay on the court for a long time.

The new code of ethics would hold Supreme Court justices to the same standard as other federal judges, and require stricter disclosure and recusal rules.

• Go deeper: Biden op-ed in Washington Post, "My plan to reform the Supreme Court and ensure no president is above the law."

 

Biden proposed enforceable ethics code and term limits for Supreme Court. How might they work?

WASHINGTON (AP) — President Joe Biden on Monday proposed major changes for the U.S. Supreme Court: an enforceable code of ethics, term limits for justices and a constitutional amendment that would limit the justices’ recent decision on presidential immunity.

https://apnews.com/article/supreme-court-biden-ethics-term-limits-b281a03f8ce2df60109f60722619cc4d?

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The president is right: A better court is possible

The captured Supreme Court majority overturned abortion rights, weakened voting rights, made it easier to buy weapons of war and gave presidents the powers of kings. President Biden is right. Court reform is urgently needed to protect Americans’ freedoms and our democracy. What to know about Biden's proposed Supreme Court overhaul The Biden administration on Monday unveiled a plan for sweeping reforms of the U.S. Supreme Court, underscoring the issue as a priority in the president's final months in office. https://www.axios.com/2024/07/29/joe-biden-supreme-court-reform?

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Supreme Court

 

President Joe Biden called for major Supreme Court reforms Monday in a speech marking the anniversary of the 1964 Civil Rights Act. Biden's proposals — a constitutional amendment stripping the president of immunity for crimes committed while in office, term limits for Supreme Court justices, and a binding code of conduct for the high court — stand little chance of going anywhere with a divided Congress. Vice President Kamala Harris endorsed Biden's call for reforms, saying the changes would "restore confidence in the Court" and "strengthen our democracy" in a statement released by the campaign. Former President Donald Trump slammed the proposal, calling it a "typical Biden con."

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SCOTUS approval near record lows

Data: Gallup; Chart: Axios Visuals Just 43% of Americans approve of the way the Supreme Court is doing its job — almost a record low, according to a new Gallup survey. Republicans are overwhelmingly happy with the court. But it's underwater with independents and scraping rock bottom among Democrats, with just 15% approval. ⚡️ Between the lines: It'll probably stay this way for quite a while, Axios' Sam Baker writes. Public opinion of the court reflects which side is winning the big cases, creating partisan splits that flip back and forth. Today's 6-3 court delivers very few big wins for liberals, and the court will likely have a solidly conservative majority for years, perhaps decades. ⚖️ Why it matters: Anger at the court is clearly motivating Democrats to vote, and it's pushing proposals to change the makeup of the court closer to the party's mainstream. And while the justices long tried to position themselves and their work as apolitical, these wild swings in public approval suggest that voters don't see it that way, no matter which side they're on. Go deeper.

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Supreme Court returns Trump Jan. 6 immunity judgment to lower court

One month after the Supreme Court issued its landmark ruling on presidential immunity, the judge overseeing former President Trump's federal election interference case now has jurisdiction over the case again.

https://www.newsbreak.com/news/3548827756701-supreme-court-returns-trump-jan-6-immunity-judgment-to-lower-court?

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U.S. Supreme Court rejects Missouri AG push to delay Trump sentencing in hush money case

Missouri Attorney General Andrew Bailey’s efforts to delay sentencing in former President Donald Trump’s hush money case in New York were rejected Monday by the U.S. Supreme Court.

https://floridaphoenix.com/briefs/u-s-supreme-court-rejects-missouri-ag-push-to-delay-trump-sentencing-in-hush-money-case/?

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Hostage deal

 

Mediators from the US, Qatar and Egypt said on Thursday they may present what they called a "final bridging proposal" next week, urging Israel and Hamas to agree on a ceasefire and hostage deal in Gaza. The three countries have been leading efforts to strike a deal, but conversations stalled after the death of a Hamas political leader in a blast in Iran last week. There are currently 115 total hostages, living and dead, being held in Gaza, according to Israeli officials. Of that number, 111 hostages were taken during the October 7 Hamas-led attack on Israel, which killed over 1,200 people. Israel's ensuing military offensive in the enclave has killed nearly 40,000 Palestinians and displaced nearly 2 million, according to Gaza's Ministry of Health and the United Nations.

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Supreme Court keeps new rules about sex discrimination in education on hold in half the country

WASHINGTON (AP) — The Supreme Court on Friday kept on hold in roughly half the country new regulations about sex discrimination in education, rejecting a Biden administration request.

https://apnews.com/article/supreme-court-education-title-ix-transgender-rights-07cb05f13b4157ff6e017a559b7c8ffa?

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Supreme Court rejects GOP push to block 41K Arizona voters, but partly OKs proof of citizenship law

WASHINGTON (AP) — A divided Supreme Court on Thursday rejected a Republican push that could have blocked more than 41,000 Arizona voters from casting ballots for president in the closely contested swing state, but allowed some parts of a law requiring proof of citizenship to be enforced.

https://apnews.com/article/supreme-court-citizenship-elections-arizona-62b7e777cfdbb99242510e562de00781?

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Voting laws

 

The Supreme Court on Thursday blocked parts of an Arizona law that would enforce some proof-of-citizenship requirements for the November election. In a partial win for Republicans, proof of citizenship will be required for new voters in certain circumstances. However, voters who cannot document their citizenship status will still be allowed to register using a federal form. The Republican National Committee and GOP lawmakers had asked the high court to step into the clash over election rules in the state in a case that elevated non-citizen voting, an issue Republicans have tried to put front and center in this year's campaign. Arizona is a critically important battleground in the 2024 presidential election: President Joe Biden carried the state by just over 10,000 votes in 2020. Former President Donald Trump won it in 2016.

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Supreme Court rebuffs Biden administration plea to restore multibillion-dollar student debt plan

WASHINGTON (AP) — The Supreme Court on Wednesday kept on hold the latest multibillion-dollar plan from the Biden administration that would have lowered payments for millions of borrowers, while lawsuits make their way through lower courts.

https://apnews.com/article/supreme-court-biden-student-loans-f566c623ccb3f322523d7e0a2f88b0c5?

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US Supreme Court refuses to block execution of Florida man

TALLAHASSEE — The U.S. Supreme Court on Thursday morning refused to halt the scheduled 6 p.m. execution of Loran Cole, who was sent to Death Row in the 1994 murder of Florida State University student John Edwards in the Ocala National Forest.

https://www.orlandosentinel.com/2024/08/29/us-supreme-court-refuses-to-block-execution-of-florida-man/?

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Ginni Thomas Privately Praised Group Working Against Supreme Court Reform: “Thank You So, So, So Much”

Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, privately heaped praise on a major religious-rights group for fighting efforts to reform the nation’s highest court — efforts sparked, in large part, by her husband’s ethical lapses.

https://www.propublica.org/article/ginni-thomas-email-scotus-ethics-reform-first-liberty-institute?

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👀 SCOTUS leak: How Roberts helped Trump

Illustration: Mark Harris for The New York Times Stunning new leaks on internal maneuvering at the Supreme Court — this time focused on Chief Justice John Roberts: "In a trio of Jan. 6-related cases last term, the court found itself more entangled in presidential politics than at any time since the 2000 election," the N.Y. Times' Jodi Kantor and Adam Liptak report in "How Roberts Shaped Trump's Supreme Court Winning Streak." "The chief justice responded by deploying his authority to steer rulings that benefited Mr. Trump." Why it matters: "Behind the scenes," The Times writes, "the chief justice molded three momentous Jan. 6 and election cases that helped determine the former president's fate." 🔎 Behind the scenes: "This account draws on details from the justices' private memos, documentation of the proceedings and interviews with court insiders, both conservative and liberal," The Times writes. "Inside the chief's chambers, all four of his clerks participated in a furious rewriting effort," the story says of a case redefining presidential immunity, "Trump v. United States." "Later, others at the court wondered if the chief justice had taken on too much. The writing of a majority opinion requires responding to suggestions and edits from other justices, addressing any dissents, and crafting an analysis to withstand scrutiny. He had assigned himself seven majority opinions over the term, five of them blockbuster cases." Keep reading (gift link — no paywall).

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🏛️ Supreme Court dives back in

Illustration: Rebecca Zisser/Axios

The Supreme Court is about to dive deeper into some of the most contentious political issues dividing the country, at a time when it's already veering from its longtime mission of staying above the political fray, Axios' Sam Baker writes. Why it matters: The court's new term begins today with a historic case on trans rights already on the docket — and a spate of election-related challenges all but certainly around the corner. Public opinion of the court is almost at a record low, driven mainly by disapproval from Democrats. Conservatives win just about every major case: Roe v. Wade is gone. Federal regulators' power is vastly diminished. Gun control laws are exceptionally difficult to defend. 👓 Between the lines: Former President Trump had a direct stake in three cases in the court's last term. He won all three — none more significant than the 6-3 ruling that granted former presidents wide-ranging immunity from criminal prosecution. Go deeper: Cases to watch this term. Supreme Court takes the bench with ghost guns, a capital case and transgender rights on the docket WASHINGTON (AP) — The Supreme Court took the bench again on Monday, ready to hear cases on ghost guns, a death sentence and transgender rights. https://apnews.com/article/supreme-court-death-sentence-ghost-guns-transgender-rights-926e78c1100f3201fbd99b3d1ef2b747? Supreme Court declines Biden’s appeal in Texas emergency abortion case WASHINGTON (AP) — A court order that says hospitals cannot federally be required to provide pregnancy terminations when they violate a Texas abortion ban will stay for now, the Supreme Court said Monday. https://apnews.com/article/supreme-court-emergency-abortion-texas-bf79fafceba4ab9df9df2489e5d43e72? ps:Of course they did!!!!!!!!!! Oklahoma death row inmate had three ‘last meals.’ He’s back at Supreme Court in new bid for freedom OKLAHOMA CITY (AP) — Oklahoma has set execution dates nine times for death row inmate Richard Glossip. The state has fed him three “last meals.” Glossip has even been married twice while awaiting execution. https://apnews.com/article/oklahoma-richard-glossip-death-penalty-execution-supreme-court-fd513cee067992acb1f49018feea9c3f?

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An Oil Giant Railroads Its SCOTUS Connection To Gut Environmental Law

A fossil fuel tycoon tied to Neil Gorsuch and other corporate power brokers are pushing the Supreme Court to help approve a controversial oil train and kill environmental protections.

https://www.levernews.com/an-oil-giant-railroads-its-scotus-connection-to-gut-environmental-law/

Supreme Court rejects appeal from ‘Pharma Bro’ Martin Shkreli

WASHINGTON (AP) — The Supreme Court on Monday rejected an appeal from Martin Shkreli, who was once dubbed “Pharma Bro” after jacking up the price of a lifesaving drug.

https://apnews.com/article/martin-shkreli-pharma-bro-profits-supreme-court-7106c838e7939ae94d3d445270643662?

U.S. Supreme Court won’t hear appeal from Alabama IVF clinics

The U.S. Supreme Court Monday declined to review an Alabama case that sparked a national debate over the availability of in vitro fertilization (IVF) treatments.

https://floridaphoenix.com/2024/10/07/u-s-supreme-court-wont-hear-appeal-from-alabama-ivf-clinics/?

ps:Of course they won't

Supreme Court appears likely to uphold Biden plan to crack down on 'ghost gun' kits

WASHINGTON — The Supreme Court on Tuesday signaled it is likely to uphold the Biden administration's move to regulate "ghost gun" kits that allow people to assemble deadly weapons at home while skirting existing regulations.

https://www.nbcnews.com/politics/supreme-court/supreme-court-weighs-challenge-biden-ban-untraceable-ghost-gun-kits-rcna174278?

Supreme Court seems open to upholding regulations on ghost guns, hard to trace weapons used in crime

WASHINGTON (AP) — The Supreme Court seemed likely Tuesday to uphold a Biden administration regulation on ghost guns, the difficult-to-trace weapons found in increasing numbers at crime scenes.

https://apnews.com/article/ghost-guns-supreme-court-9c93df5fa88081f7bcef75a7ecfb0239?

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Supreme Court tosses out decision letting 18-year-olds carry guns during emergencies in Pennsylvania

WASHINGTON (AP) — The Supreme Court on Tuesday tossed out a decision allowing 18-year-olds to openly carry guns during emergencies in Pennsylvania.

https://apnews.com/article/supreme-court-guns-pennsylvania-minors-77026634672c25ca42aca47941b55072?

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Climate pollution

The Supreme Court this week allowed the EPA to temporarily enforce its rules regulating planet-warming pollution from power plants. The justices denied an emergency request from more than 20 Republican state attorneys general and industry groups that asked for the rules to be temporarily halted while a lower court challenge plays out. The EPA's rules will compel existing coal and new natural gas power plants to either cut or capture 90% of their climate pollution by 2032. Compliance could reduce the carbon dioxide emissions from the sector by 75% compared to a peak in 2005, climate experts say. The Supreme Court's rulings were the latest in a series of surprising wins for the EPA in recent weeks on the high court's emergency docket. Earlier this month, the court let stand Biden administration rules that would cut emissions of the planet-warming gas methane as well as mercury.

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Supreme Court won’t revive Michael Cohen’s lawsuit against Trump claiming retaliatory imprisonment

WASHINGTON (AP) — The Supreme Court rejected an appeal Monday from Michael Cohen, who wanted to hold his former boss ex-president Donald Trump liable for a jailing he said was retaliation for writing a tell-all memoir.

https://apnews.com/article/michael-cohen-supreme-court-c09cb6a9765d817e5a551be89bc11ee2?