Kevin Daley 🏛 Profile picture
Feb 24, 2020 7 tweets 2 min read Read on X
Lots doing on today's orders list. The Supreme Court will decide whether Philadelphia can exclude Catholic Social Services from its foster-care system because CSS refuses to place children with gay couples. #SCOTUS

supremecourt.gov/orders/courtor…
No action this morning on Obamacare appeals or in the case involving a Christian florist who declined to make arrangements for a same-sex wedding. #SCOTUS
#SCOUTS grants, vacates, and remands (on jurisdictional grounds) in Feliciano, in which the Supreme Court of Puerto Rico consolidated numerous Catholic institutions in PR into a single entity in a pension suit.
In a separate opinion, Justices Alito and Thomas warn that the Court may need to take up Feliciano depending on what happens in the PR courts on remand.
Court denies review in Patterson v. Walgreen Co, which involves a dispute between the pharmacy chain and a Seventh Day Adventist over Title VII and religious accommodations. Justices Alito, Thomas, and Gorsuch have an opinion concurring in denial.
Justice Thomas dissents from denial in Baldwin v. U.S., a challenge to Brand X deference. Brand X requires courts to defer to agency interpretations of ambiguous statutes even after a court interprets said statute.
Court asks for the Trump administrations views in Americans for Prosperity v. Becerra, which involves California donor disclosure requirements.

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More from @KevinDaleyDC

Feb 3, 2021
The German government prevailed at the Supreme Court today in a dispute over a medieval art collection high Nazi officials extorted from Jewish dealers. But the Court left an alternative path open for the plaintiffs to obtain restitution. #SCOTUS

freebeacon.com/courts/germany…
The Welfenschatz, or the Guelph treasure, is a collection of statuettes, religious artifacts, and the like assembled by the House of Welf. Much of the collection is displayed in Berlin. Some Guelph pieces (not at issue in this case) are maintained at the Cleveland Museum of Art.
Hermann Göring allegedly strong-armed a consortium of Jewish art dealers into selling much of the Welfenschatz for one-third of its value in 1935. Heirs to the dealers are seeking restitution. The value of the treasure is about ~$250 million.
Read 7 tweets
Feb 2, 2021
President Biden tapped Vanita Gupta for the no. 3 position at DOJ. Her father is a chemicals magnate and Wall Street advisor who sits of several Fortune 500 company boards. But she didn't mention that when asked about conflicts on a Senate questionnaire.

freebeacon.com/biden-administ…
The committee questionnaire is vague about the scope of conflicts a nominee should disclose, but the Justice Department isn't. DOJ guidance calls on employees to avoid matters touching parents, absent approval from their superiors and an ethics official.

freebeacon.com/biden-administ…
These aren't hypothetical conflicts. For example, Mr. Gupta sits on DuPont's board of directors. DOJ had to approve DuPont's merger with Dow in 2017, and it recently settled a case involving environmental law violations at a DuPont plant in Texas.

freebeacon.com/biden-administ…
Read 4 tweets
Nov 5, 2020
The disconnect between what Trump allies are saying on television/Twitter and what the Trump legal team is alleging in its court filings is really striking. Accusations of widespread fraud hyped by the former aren't showing up in filings from the latter.
Take MI: the Trump camp's lawsuit is very thin on particulars. They claim election challengers have been denied access to absentee voter counting boards and drop box surveillance video, but they offer no facts or details to that effect. See for yourself:

scribd.com/document/48295…
Pro-Trump pundits pushing a fraud narrative would be surprised by the content (or lack thereof) of these submissions. This is happening on an accelerated basis and there's still time for a case to develop, but the Trump camp will need more than gauzy filings to get somewhere.
Read 4 tweets
Nov 4, 2020
NEW: The Trump camp moves to intervene in the PA mail-in ballots appeal at the Supreme Court, as to whether late-arriving ballots will be counted. A short-handed #SCOTUS declined to decide the issue before the election, but left room to revisit the case.

scribd.com/document/48290…
PA election officials are separating tardy ballots from all other votes while legal challenges go forward. It is not at all obvious that the contested ballots will be decisive to the result. #SCOTUS
The Supreme Court has called for a response to the Trump camp's motion by 5 pm Thursday. #SCOTUS
Read 5 tweets
Oct 18, 2020
Lots of causes behind the approaching 6-3 conservative majority on the Supreme Court. One of them is a series of tactical mistakes and miscues on the part of Senate Democrats. New at @FreeBeacon:

freebeacon.com/courts/dem-mis…
The prime mistake was in 2017, when Democrats lodged a hopeless filibuster against Justice Gorsuch. Fourteen months later when Justice Kennedy retired, Democrats had no procedural means of stopping Justice Kavanaugh's confirmation.
The 51-49 GOP Senate *might* have abolished the #SCOTUS filibuster in that emotional maelstrom. Does Susan Collins get to yes if the nuclear option is the prerequisite? Does Jeff Flake? Recall that Lisa Murkowski voted no on BK and Joe Manchin is a likely no on the rule change.
Read 7 tweets
Sep 28, 2020
Coral Theill's allegations of abuse against the People of Praise, a religious group Amy Coney Barrett is connected with, have been widely amplified in the press. The @FreeBeacon found Theill has a penchant for nuisance suits, fabulism, and partisanship.

freebeacon.com/courts/people-…
Theill's accusations have appeared in the @washingtonpost, @Reuters, @politico, and @Newsweek, among other publications. This, from Friday's Newsweek story, is representative of her claims. Image
Theill's memoir, "BONSHEÁ" is a deeply sad account of her 20-year marriage. She spent five of those years in the People of Praise. Theill accuses her ex-husband, her parents, her children, her lawyers, and her therapist -- almost everyone in her life -- of abuse or neglect.
Read 8 tweets

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