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Jonathan Turley Profile picture
@JonathanTurley
Jun 8, 2023 • 14 tweets • 4 min read • Read on X
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…
...I wrote about this case earlier involving a parody chew toy. jonathanturley.org/2022/11/28/no-…
...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.
...Allen shows how the center on this Court is the combination of Roberts and Kavanaugh. jonathanturley.org/2018/07/12/for…
...

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More from @JonathanTurley

Jonathan Turley Profile picture
Dec 17
As predicted, Judge Merchan has rejected the challenge to the Bragg charges under the recent immunity decision of the Supreme Court. He tossed the challenge entirely but also found that any possible violations would be harmless error. Here is the opinion: nycourts.gov/LegacyPDFs/pre…
...Merchan created layers of findings to ironplate the case for appeal. He ruled that (1) this was entirely unofficial conduct, (2) if it was official conduct, and (3) if it was official and within the protections of the Constitution, it was harmless error ...
...He still has to rule on the general challenge over errors committed at trial. Some of us view the case as replete with layers of reversible error. However, Merchan was never viewed as likely to second guess his prior rulings...jonathanturley.org/2024/06/03/buz…
Read 7 tweets
Jonathan Turley Profile picture
Dec 12
The new IG report on January 6th may raise more questions than answers. It confirms that confidential sources did indeed enter the Capitol and restricted areas. The question is whether the presence of these sources were revealed to the defense in the hundreds of prosecutions...
...Moreover, there is a question of why the three sources who entered the Capitol were not charged as part of an operation that the Justice Department described as an effort to "shock and awe" targeting everyone involved on that day...
...The IG found that most of these individuals were there without any instructions or requests from the government. However, as paid sources for the FBI, the question is what they did on that day...
Read 6 tweets
Jonathan Turley Profile picture
Dec 6
So now the judge has dismissed the first count on second-degree manslaughter and is allowing the jury to consider the second count after the weekend. This is precisely what Bragg was hoping for in setting up a possible compromise verdict...
...With the Allen charge, the prosecutors hoped to pressure the jury into voting on the low standard of criminal negligence. Outside of New York or a few other cities, this case would likely either have not been brought or would have collapsed quickly before the jury...
...I am still hopeful that there will be holdouts on the lesser offense. That would leave this as a hung jury, though the treatment of Penny will leave chilling message for New York thinking of protecting others in New York...
Read 4 tweets
Jonathan Turley Profile picture
Dec 6
The jury just sent a note to the court that it is deadlocked on the first count, the second-degree manslaughter charge. The court will likely now issue an Allen charge to get them to resume deliberations...
...The question is whether the court will instruct the jury to consider the second charge of the criminal negligence charge. The judge expressed doubt over whether, in the absence of a unanimous verdict on the first charge, he could tell them to move on to the second charge...
...Many of us cannot see how this case could have produced a conviction with the layers of reasonable doubt in the evidence. The absence of clear causation makes a conviction difficult to justify in such a case. Indeed, it makes it difficult to see why the case was brought.
Read 4 tweets
Jonathan Turley Profile picture
Dec 6
The Sisyphean effort to spin the President's unethical act into moral triumph continues in Washington. Rep. James Clyburn defended the Biden pardon, insisting that Hunter wouldn’t have been convicted but for the fact that Joe Biden was "the object of a lot of unfair untruths."...
...It is not clear what those "unfair untruths" were given the fact that the President repeatedly lied to the public about his never meeting his son's clients, knowing of the business deals, or any intention to pardon him. Those just seem garden-variety Biden untruths...
...It also ignores that Hunter was convicted in arguably the most favorable district for a Biden in Delaware by a jury that heard all of the evidence, including a rigorous defense from his own team.
Read 4 tweets
Jonathan Turley Profile picture
Dec 2
The Hill posted my column on the implications of the Biden pardon and how it might not achieve as complete immunity from prosecution as President Joe Biden may have hoped for. What it does achieve is the final and total corruption of the Biden presidency. thehill.com/opinion/white-…
...It is also the final corruption of the media with many responding with the usual uncomfortable shrug despite the litany of lies. It is a measure of what you can call “Biden ethics.” In the curious world of Joe Biden, a lie that no one believes is treated the same as the truth.
...President Biden has become the very embodiment of our post-truth politics where identity rather than veracity drives meaning. Many accept that he may be a liar on a presidential scale, but he is our liar. That is enough...
Read 4 tweets

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