NEW at SCOTUS: Emoluments clauses cases involving President Trump are dismissed as moot
A lot of people in the replies are upset and wondering how profiteering from the presidency could be moot after a president leaves office. It's a toughie. The q all along was what the remedy could be. Main one proposed: have Trump divest from his corporate holdings while prez...
But of course he's no longer president, so that is not necessary. He can profit all he likes now.
Weird takeaway: sometimes you can break a clear constitutional rule and get away with it.
There were other hurdles with these suits, including the sticky issue of standing, or who really has the legal right to sue the president for violating the emoluments clauses. Some of the claims were weaker that others. Here's an old piece I wrote on this economist.com/democracy-in-a…
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BREAKING: Supreme Court denies emergency request from man with mental disabilities who has been in America for 42 years not to be deported to Haiti, his home country. Justice Sotomayor is the only justice to note her dissent.
Justice Sotomayor would allow Mr. Francois to remain in the country while he pursues his legal claim.
She argues that Mr. François will suffer irreparable harm if he is returned to Haiti, where he is unlikely to receive the mental health treatment he requires for his safety and well-being.
BREAKING: For the fourth time this week, the Supreme Court has voted 6-3 to clear the way for a last-minute federal execution before Trump leaves office. Justices Breyer and Sotomayor write dissents. Justice Kagan also notes her dissent.
Dustin Higgs has COVID-19 and will be executed tonight despite lung damage that could turn his lethal injection into an egregiously painful death.
Here is Justice Sotomayor’s closing.
Here is Breyer on the SCOTUS majority’s rush to execute
A case study in Chief Justice John Roberts's strategy for navigating politically fraught cases in the Trump era is about to come to a close not with a bang but—as Roberts apparently planned all along—with a whimper.
A thread on Trump v. Vance.
This case asked whether Cy Vance, the Manhattan DA, could subpoena Trump's accountant for 8 years of his tax and other financial records as part of an investigation into possible financial crimes.
Trump lost bids in lower courts to invalidate the subpoena and turned to SCOTUS.
In July, SCOTUS issued a 7-2 loss for Trump, saying that sitting presidents have no absolute immunity from criminal process. economist.com/united-states/…
BREAKING: by a 5-3 vote, Trump administration wins Supreme Court battle over whether women may receive abortion medication by mail during the pandemic. This case has been pending since July. The three liberal justices dissent. scotusblog.com/wp-content/upl…
Justice Breyer dissents but does not join dissent written by Justice Sotomayor. Justice Kagan joins the Sotomayor dissent which ends this way:
The dissent explicitly calls on the federal government to reconsider the FDA rule requiring in-person dispensing of abortion drugs. Presumably this reversal could happen quickly when the Biden administration takes over.
On the cusp of its historic election ruling, CJ Roberts is staring down a bizarro SCOTUS legitimacy crisis. (1/4)
The left is the side that’s been increasingly doubting the court’s legitimacy, but if/when the TX case gets dismissed, the right—80% of whom think Biden somehow stole the election—may be irate. (2/4)
This makes it imperative for Roberts to forge a unanimous consensus for whatever tack the court takes. (3/4)