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.
I am a bit confused. New Jersey Gov. Phil Murphy just bragged that he has an undocumented person living above his garage, adding "good luck to the feds coming in to try to get her.” How exactly is that good for this person to be staked out like political game to make a point?...
...If Murphy wanted to help this person, why would have parade her location and position in an interview to thrill his base? There is something in Matthew 6:3 that might be usual for Murphy...
...It is also unclear what Murphy is suggesting that he would do if ICE were to attempt to bring the person into custody. ICE is focusing on criminal aliens in the current enforcement push and there is no reason to believe that this person would be on that list...
Kash Patel is giving his opening statement. This is clearly going to be a rough hearing. Nevertheless, his life's story as the child of Indian immigrants speaks to the American dream and values. Notably, he served as a public defender, a rare credential to head the FBI.
...This has the feeling of the second confirmation hearing for Patel. The Democrats converted the Bondi hearing into a litany of attacks on Patel. This is likely to devolve quickly into name-calling and "are you or have you ever been a member of QAnon" confrontations...
...Interesting exchange with Durbin. Patel just said that he does not agree with the pardons extended to those who committed violence against law enforcement officers...
President Biden has pardoned Dr. Fauci, General Milley and members of the House Jan. 6 committee and their staff. With his declaration that the Equal Rights Amendment is suddenly part of the Constitution, it is the latest use of presidential powers as a type of performative art.
...I previously wrote how these "white knight" pardons would be used to sustain the "death of democracy"
narrative by claiming that, but for Biden, enemies would have been rounded up and frog marched to the federal pen... jonathanturley.org/2024/12/17/the…
...In reality, these pardons will not absolutely protect these individuals from being subpoenaed to give new testimony on prior claims. Lying in such interviews or hearings would constitute new criminal acts...
President Biden seems intent on moving his administration from the odious to the absurd. He just declared that the Equal Right Amendment is ratified: "In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex."
...It is a position based on a long-rejected and frankly ridiculous foundation. It is another curious moment for self-describing champions of democracy...jonathanturley.org/2022/03/11/ame…
...After attempting to remove Trump from ballots and pack the Court, many on the left simply wanted Biden to declare the ERA part of the Constitution. It is another example of using any means to achieve outcomes, even having a unilateral declaration of a rejected constitutional amendment...
The Smith report (part one) is out. At points, the report seems more like a defense than a prosecutorial argument in support of Smith's own decisions. If so, it is a closing argument made long after the jury has left the courthouse... jonathanturley.org/2025/01/13/how…
...Smith insists that political motivations ascribed to him are "laughable" and that he focused on crimes that were "the most flagrant, the public harm the greatest, and the proof the most certain." ...
......There is certainly nothing "laughable" about Smith's record but his report shows that he remains unrepentant in a series of decisions that destroyed any chance to bring either of these cases to trial....
The report of David Weiss is out. Unlike his highly deferential investigation, the report is hard-hitting and is directed in part against the President. A couple of line are hardly subtle: “Other presidents have pardoned family members, but in doing so, none have taken the occasion as an opportunity to malign the public servants at the Department of Justice based solely on false accusations."...
...That is precisely the objection that Biden has leveled against Trump. Neither the Weiss nor Smith reports will detail the most pressing questions of how these special counsels undermined their own investigations... jonathanturley.org/2025/01/13/how…
...Of course, Weiss has one claim that Smith does not: He made it to court and secured a conviction. Indeed, he was about to prosecute a second case when President Biden pardoned his son.