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.
Lawyers who once supported the targeting of firms representing Republicans are now adopting a truly Shakespearean pose as champions of free speech and free thought. For many Republicans, it is about as convincing MacBeth claiming to be a pacifist. thehill.com/opinion/civil-…
...Lawyers like Randall Eliason donated to the Lincoln Project and defended targeting of firms taking Republican causes, noting that “these mega-law firms are also big businesses. Like any business, they can be held accountable by the public — and by their other customers.” Now...
...Now, Eliason is appalled by Trump’s effort “to sanction law firms for doing nothing more than representing clients Trump doesn’t like.” In fairness, the distinction between boycott campaigns and government actions is legally important. However,...
The transcript of President Trump's ABC interview will quickly be raised in the Abrego Garcia case. Trump said that he could get Garcia back, but does not want to do so. The judge can now use that admission as proof of a violation of the order to facilitate his return...
...Trump stated “I could. And if he were the gentleman that you say he is, I would do that.” He did add: “I’m not the one making this decision. We have lawyers who don’t want to do this, Terry. … I follow the law. You want me to follow the law. If I were the president that just wanted to do anything, I’d probably keep him right where he is.”...
...The Court upheld the order of "facilitation" but conspicuously failed to define what that meant. However, whatever "facilitate" may mean, counsel will argue that absolutely nothing is unlikely to meet the definition...jonathanturley.org/2025/04/16/jud…
The Supreme Court appears ready to reverse the Fourth Circuit and rule for the parents in the Mahmoud v. Taylor matter. The question is how. Some of us are hoping that it will not just declare that this is a violation of religious freedom but to affirm parental rights...
...The Court once gave a full-throated endorsement parental rights in Pierce v. Society of Sisters (1925). It should do so again, but some justices may not be ready to go that far...
...Justice Ketanji Brown Jackson was particularly active and argumentative in challenging the counsel for the parents. However, the most concerning statement was when she declared that parents “can choose to put their kid elsewhere”...
Justice Thomas led questioning in Mahmoud v. Taylor to confirm that the school was requiring the use of the book at least five times a year while refusing to allow families to opt out...
...Eric S. Baxter (representing the parents) is getting close questioning from Justice Sotomayor whether "the mere exposure" to these books is a real "burden."...
...Justice Sotomayor portrayed the books as merely depicting same sex marriages and other imagery. Her colleagues just pushed back, including Alito, who said that the book "has a clear message" and cannot be portrayed as mere exposure to same sex marriage...
Fox just broke a criminal referral against Letitia James over alleged fraudulent housing loan filings. The filings include allegedly false representations that an out-of-state residence was her principal residence and other dubious claims...
...I reviewed the referral before going on Fox tonight. It took me less than a minute to find cases prosecuted under 18 U.S.C. 1014 for false claims of principal residences and the other allegations...
...For James, the irony is crushing. She previously prosecuted Trump for everything short of ripping a label off a mattress. She emphasized that Trump was ultimately responsible for any filings made in his name or that of his company...
After the arson at the home of Gov. Shapiro, I was deluged with emails due to my past writings on the rise in leftist violence. One writer seemed to gloat about a conservative arsonist and asked why "no morally superior comments about that? At the risk of being a buzz kill...
...USA Today is reporting that Cody Balmer was a critic of both Biden and Trump and had a particular hatred for Shapiro. That does not mean that violence does not come from far-right groups. It has and is equally disgraceful...usatoday.com/story/news/inv…
...Indeed, we still do not know much about Balmer's motivation and this certainly appears to be political violation. He appears deeply disturbed and his life was falling apart...