AG Merrick Garland will be announcing a "civil enforcement action" at 2:30pm. Release doesn't specify what it's about, but @sgurman broke last night that legal action is imminent re: Texas's abortion ban, so stay tuned. Live stream will be here: justice.gov/live
DOJ's "civil enforcement action" presser was set for 2:30pm, live stream page updated to say 2:45pm, now says 3pm. There is a case docketed in WD-TX for United States v. Texas involving a constitutional claim, but nothing to 100% confirm it's about SB 8. So that's where we are.
DOJ wants a judge to declare SB 8 unconstitutional and block Texas and its "agents" — aka private citizens that the law deputizes to sue abortion providers and others involved in aiding abortion access — from taking action buzzfeednews.com/article/zoetil…
DOJ's lawsuit against Texas argues that the private citizens authorized to sue to enforce SB 8 become an arm of the state, and that gives the feds legal grounds to go to court and get an injunction against Texas and its "agents" buzzfeednews.com/article/zoetil…
The DOJ suit features a sweeping argument that the fed govt has an interest in protecting the rights of people to vindicate their constitutional rights, but also a more nuanced arg that SB 8 in fact interferes with federal govt functions in Texas buzzfeednews.com/article/zoetil…
The suit lists examples of federal govt functions affected by SB 8, incl:
- federal program where contractors must provide abortion services
- federal prisons where incarcerated people have a right to an abortion
- DoD facilities that perform abortions buzzfeednews.com/article/zoetil…
A few other things to note: DOJ designated its new SB 8 lawsuit as "related" to the earlier constitutional challenge filed by abortion providers. This would mean the new case is assigned to the same judge, who had rejected Texas et al.'s efforts to get the first case dismissed
DOJ quotes from Roe v. Wade about the Constitution protecting a "woman's decision" about whether to get an abortion, and then includes a footnote making clear this case covers all pregnant people who want an abortion, regardless of gender identity
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Interesting hearing this evening in Missouri’s lawsuit seeking to block DOJ from sending two election observers to monitor a St. Louis polling site on Election Day. No ruling from the bench (recap below)
Complaint: assets.bwbx.io/documents/user…
DOJ oppo: assets.bwbx.io/documents/user…
Missouri argues state law spells out who can enter a polling place to observe and DOJ monitors aren’t covered. DOJ says there’s a 2021 settlement with the St. Louis board of elections for ADA violations re: disability access that allows this
But Missouri AG says it appeared it was news to state officials that this agreement was in effect, and more broadly, that the board lacked authority to enter into the monitoring term in the first place. Which raises some Qs for the judge...
Hello on this stunning September morning from the DC federal courthouse, where Judge Tanya Chutkan is holding the first hearing in the Trump case since SCOTUS kicked it back to her. Trump won't be here. Waiting to see what kind of schedule Chutkan will set for the next round of fights over the future of the indictment bloomberg.com/news/articles/…
Trump's lawyers all just entered the courtroom, and also thrilled to report that courthouse security dog Legend is here and continues to be a Very Good Dog (no pics allowed I'm afraid)
Hello from the DC federal courthouse, where Rudy Giuliani is waiting to get through security as jury selection is set to begin this a.m. to determine how much in damages he'll owe two Georgia election workers who sued him for defamation. Stay tuned.
And jury selection is just getting underway in Rudy Giuliani's damages trial -- Judge Beryl Howell, who was not amused that Giuliani was not in the courtroom at 9am when they were supposed to begin, is presiding
After a few hiccups related to the list of prospective jurors, *now* voir dire is officially underway in the defamation damages trial against Rudy Giuliani
BREAKING: A Colorado judge has ruled that Donald Trump can appear on 2024 ballots - she found that he *did* engage in insurrection by inciting the Jan. 6 attack, *but* that the Constitutional prohibition does not apply to the presidency. More to come. assets.bwbx.io/documents/user…
NEW: A Colorado judge found Donald Trump engaged in insurrection by inciting the Jan. 6 attack.
But she held the Constitution's insurrectionist ban didn't apply to a president/the presidency, meaning he'll appear on 2024 ballots.
Lawyers for the Colorado voters who brought the insurrection disqualification case against Trump say they'll appeal to the Colorado Supreme Court. Whoever loses there can petition SCOTUS to intervene bloomberg.com/news/articles/…
Today at 10am: Prosecutors will make their case before a DC federal judge for a partial gag order restricting what Donald Trump can say about the election obstruction case against him.
On how as long as Donald Trump is facing criminal charges and civil claims in court, what he says and does in the outside world can have consequences in a courtroom: bloomberg.com/news/articles/…
Chutkan begins by swiftly resolving an issue raised by the govt over how to handle a future defense survey of the potential jury pool in DC. Judge is okay with defense agreement to give advance notice, timing, sample size, doesn't see need to micromanage further at this point
Justice Clarence Thomas's 2022 financial disclosure is in, noting three trips w/ expenses paid for by Harlan Crow:
Thomas notes 2014 sale of properties to Crow (1st reported by ProPublica), saying he "inadvertently" didn't realize that should be reported assets.bwbx.io/documents/user…
Justice Samuel Alito's 2022 disclosure is also out now:
No travel reported paid for by individuals, no note re: ProPublica reporting on earlier luxury trip reimbursed by GOP donor Paul Singer (Alito has publicly defended this/denounced the reporting)assets.bwbx.io/documents/user…
Justice Clarence Thomas:
- reported three 2022 trips w/ expenses paid for by Harlan Crow
- said he "inadvertently" didn't realize he had to report 2014 property sales to Crow
- defended not reporting earlier "personal hospitality," private plane trips bloomberg.com/news/articles/…