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.
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.
Merchan appears to be making the case in his own defense and insisted that this case is no different from any other case in New York. It is a case being made long after the jury has left the courthouse...
...This is like Dr. Frankenstein telling his creature that he is just like any other man. Stitching together this case from a dead misdemeanor and declined federal charges is anything but ordinary....
...Trump has now been sentenced to no jail, no probation, no punishment. The pin has finally deflated a case that has been sustained for years on a mix of hot rage and rhetoric. The ultimate verdict concerns the New York legal system itself in allowing this sentencing to occur.
The denial of the Supreme Court on the Trump stay played out as expected. Nothing in the effort would have appealed to Chief Justice Roberts. He is the ultimate institutionalist who not only prefers regular order but a minimal role of the Court in political matters...
......There is an overriding preference among appellate judges for the finalizing of cases with sentencing so that the entire case can be reviewed. Justice Amy Coney Barrett also joined the liberal justices in the 5-4 decision...
...The sentencing will now go forward. However, in handing down this sentence, Judge Merchan will give Trump an even greater mandate. The New York case is the rawest form of lawfare and Alvin Bragg is its happiest warrior...