We are now ten minutes away from the release of opinions. With 27 cases left, we are getting tantalizingly close to some big ticket cases dealing with loan forgiveness case, college admissions, free speech etc. jonathanturley.org/2022/10/03/fro…
Here we go . . .
...We have the first opinion: Health & Hospital Corp. of Marion County v. Talevski. It is 7-2 and written by Justice Jackson. supremecourt.gov/opinions/22pdf…
...While many have portrayed this as a hopelessly divided court, it is yet another near unanimous decision. The Court rules that nursing home residents can go to court under the Federal Nursing Home Reform Act to litigate their rights.
...We have one of my favorites! Jack Daniel's v. VIP Products. Justice Kagan wrote for a unanimous court. supremecourt.gov/opinions/22pdf…
...The court remanded to apply a different standard -- a win for Jack Daniels and a blow to parody. Kagan declared that VIP cannot claim that the use of the image is noncommercial "just because it parodies, or otherwise comments on, another's products."
...We now have Dubin v. United States written by Justice Sotomayor with another remand. The case presented the question of whether a person commits aggravated identity theft any time they mention or otherwise recite someone else's name while committing a predicate… twitter.com/i/web/status/1…
...The Court interprets "use" as qualifying as "in relation to" the predicate offense if the use relates to the core elements of what makes the conduct criminal. Another unanimous decision with only one concurrence in the judgment.
...Next up: Allen v. Milligan. Since this is by the Chief, it might be the last. This is one of the big voting rights cases. Question: Whether the state of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated Section 2 of… twitter.com/i/web/status/1…
...The Court rules with the lower court that there was a reasonable likelihood of success in the challenge that Alabama's congressional maps violated Section 2 of the Voting Rights Act. supremecourt.gov/opinions/22pdf…
...Again, the critics may be disappointed in the lack of rigid ideological division. Roberts rules with Sotomayor, Kagan, and Jackson -- and Kavanaugh in parts.
Sen. Alex Padilla just disrupted the press conference with Secretary Noem. It was an extraordinary act by a sitting senator, but Gov. Newsom just supported Padilla in this disruptive act...
...The scene captured the race to the bottom by Democratic politicians in fueling the rage as violent protests unfolded around the country. Padilla started to yell at Noem and became a virtual troll or crank at a press conference...
...The incident appeared entirely performative to appeal to those coming to the city to protest the parade celebrating the 250th anniversary of the United States Army.
Here we go on today's opinions from the Supreme Court...
...We have the first opinion today and it is another unanimous decision. Justice Jackson authored the opinion in Rivers v. Guerrero on the handling of successive habeas petitions. ...supremecourt.gov/opinions/24pdf…
...We have the second opinion. It is written by Justice Barrett. Commissioner of Internal Revenue v. Zuch is another unanimous or near-unanimous opinion. In this case, only Justice Gorsuch dissents. supremecourt.gov/opinions/24pdf…
Abrego Garcia is reportedly on his way back to the United States. Some of us argued from the outset that this was the best course. The basis for his removal is overwhelming and, once this process is completed, he is likely to find himself on another flight back to El Salvador...
...However, this may be a case of being careful what you ask for. Abrego Garcia will be brought back to face criminal charges in allegedly trafficking narcotics, guns, and people...
...A grand jury has issued the charges against Abrego Garcia. It offers the Administration a way to end the dispute over his removal while reframing this case as now a criminal prosecution.
We have our first opinion today. It is unanimous and authored by Justice Jackson in the reverse discrimination case of Ames v. Ohio Dept. of Youth Services. ...supremecourt.gov/opinions/24pdf…
...Significant ruling that a member of a majority group does not have the added burden of showing "background circumstances." Remand for further consideration...
..."We hold that this additional “background circumstances” requirement is not consistent with Title VII’s text or our case law construing the statute."
Project Veritas may have just sealed the fate of David Hogg with the DNC, if the new videotape is verified. With the vote scheduled for June, Hogg allegedly stated that Jill Biden's Chief of Staff Anthony Bernal effectively ran the White House...
...I cannot imagine that the comments will go over well with the DNC, particularly the Biden allies. It will also fuel growing demands in both the House and the Senate for an investigation into the alleged cover-up of Biden's alleged incapacity.
...The greatest risk of these investigations will be tripping the wire on false statements as former Biden aides are pulled into interviews and testimony. With a supportive administration, such charges now come with a far more credible threat of prosecution for defense counsel.
U.S. District Judge Indira Talwani of Massachusetts has enjoined President Trump's effort to end the "parole" status of hundreds of thousands of immigrants by President Biden. The case can now be appealed, but there is one interesting positive element for the Administration...
...The Court certified a national class action as the basis for the injunction. That is precisely what the Trump Administration argued was the proper way to proceed in these cases. The liberal justices suggested that it is too cumbersome and slow a process...
...Chief Justice Roberts noted that such certification can occur on an expedited basis. Here, the court showed that it can be done as the basis for a national injunction. That is in contrast to individual district judges imposing such universal or national injunctions in cases involving a handful of litigants.