The German government prevailed at the Supreme Court today in a dispute over a medieval art collection high Nazi officials extorted from Jewish dealers. But the Court left an alternative path open for the plaintiffs to obtain restitution. #SCOTUS
freebeacon.com/courts/germany…
The Welfenschatz, or the Guelph treasure, is a collection of statuettes, religious artifacts, and the like assembled by the House of Welf. Much of the collection is displayed in Berlin. Some Guelph pieces (not at issue in this case) are maintained at the Cleveland Museum of Art.
Feb 2, 2021 • 4 tweets • 2 min read
President Biden tapped Vanita Gupta for the no. 3 position at DOJ. Her father is a chemicals magnate and Wall Street advisor who sits of several Fortune 500 company boards. But she didn't mention that when asked about conflicts on a Senate questionnaire.
freebeacon.com/biden-administ…
The committee questionnaire is vague about the scope of conflicts a nominee should disclose, but the Justice Department isn't. DOJ guidance calls on employees to avoid matters touching parents, absent approval from their superiors and an ethics official.
The disconnect between what Trump allies are saying on television/Twitter and what the Trump legal team is alleging in its court filings is really striking. Accusations of widespread fraud hyped by the former aren't showing up in filings from the latter.
Take MI: the Trump camp's lawsuit is very thin on particulars. They claim election challengers have been denied access to absentee voter counting boards and drop box surveillance video, but they offer no facts or details to that effect. See for yourself:
NEW: The Trump camp moves to intervene in the PA mail-in ballots appeal at the Supreme Court, as to whether late-arriving ballots will be counted. A short-handed #SCOTUS declined to decide the issue before the election, but left room to revisit the case.
scribd.com/document/48290…
PA election officials are separating tardy ballots from all other votes while legal challenges go forward. It is not at all obvious that the contested ballots will be decisive to the result. #SCOTUS
Oct 18, 2020 • 7 tweets • 3 min read
Lots of causes behind the approaching 6-3 conservative majority on the Supreme Court. One of them is a series of tactical mistakes and miscues on the part of Senate Democrats. New at @FreeBeacon:
freebeacon.com/courts/dem-mis…
The prime mistake was in 2017, when Democrats lodged a hopeless filibuster against Justice Gorsuch. Fourteen months later when Justice Kennedy retired, Democrats had no procedural means of stopping Justice Kavanaugh's confirmation.
Sep 28, 2020 • 8 tweets • 4 min read
Coral Theill's allegations of abuse against the People of Praise, a religious group Amy Coney Barrett is connected with, have been widely amplified in the press. The @FreeBeacon found Theill has a penchant for nuisance suits, fabulism, and partisanship.
You may have heard that Amy Coney Barrett believes faithful Catholic judges can't participate in death penalty cases. What she actually wrote in a 1998 law review article you're about to hear a lot about: freebeacon.com/courts/this-is…
The topline: Barrett and her coauthor conclude that Catholic conscientious objectors have a moral and legal obligation to recuse from the sentencing phase of a capital case. They believe Catholics *can* preside over death penalty trials, collateral review, and hear appeals.
Jul 20, 2020 • 10 tweets • 3 min read
Courageous stuff here from Josh Gerstein. At this point I think it's most accurate to say that Justice Ginsburg's disclosures as to her health have been belated and selective. It's hard to understand why this isn't said more often. #SCOTUS
politico.com/news/2020/07/1…
The most galling incident, and Gerstein describes it nicely, was at a Dec. 2018 event in NYC. The justice was asked about her health and purported to be just fine. A few days later, she underwent cancer surgery that kept her off the bench for a month.
Jul 16, 2020 • 4 tweets • 2 min read
Last night, the Supreme Court greenlit the second of three executions the Trump administration has scheduled for this week. This time the inmate in Wesley Purkey, who was convicted for the kidnapping, rape, and murder of 16-year-old Jennifer Long. #SCOTUS
As in another capital case this week, the vote was 5-4. In dissent, Justice Breyer again called on the Court to reconsider the constitutionality of the death penalty. Justice Sotomayor outlined concerns about Purkey's mental competence. He is 68 and has Alzheimer's disease.
Jul 2, 2020 • 4 tweets • 2 min read
JUST IN: the Supreme Court will hear the Trump administration's bid to shield sealed grand jury materials from the Mueller probe. This move essentially guarantees those materials won't be transmitted to House Democrats before the election. #SCOTUS
supremecourt.gov/orders/courtor…
The justices also send two abortion cases from Indiana back to the lower court for reconsideration in light of June Medical, Monday's abortion decision. #SCOTUS
Jun 15, 2020 • 4 tweets • 2 min read
BREAKING: The Supreme Court rules that Title VII of the Civil Rights Act covers gay and transgender workers. The decision is 6-3. JUSTICE GORSUCH delivers the opinion. #SCOTUS
Tons doing on this morning's orders list from the Supreme Court. The Court has denied many high-profile appeals, including Trump's challenge to California's sanctuary law; challenges to qualified immunity; and lots of Second Amendment cases. #SCOTUS
JUST IN: the Supreme Court upholds California's pandemic restrictions on worship services. Chief Justice Roberts joins the liberal justices on the 5-4 vote. #SCOTUS
The restrictions allow worship to resume at 25 percent sanctuary capacity or with a maximum of 100 congregants, whichever is lower. The guidelines were challenged by a Pentecostal church in San Diego. #SCOTUS
May 4, 2020 • 4 tweets • 1 min read
Lisa Blatt is an absolute savage.
"Reality destroys their argument."
"just silly"
"nuts"
Apr 7, 2020 • 4 tweets • 2 min read
NEW: the 5th Circuit says Texas can enforce a far-reaching ban on abortion during the coronavirus pandemic. The decision is 2-1. Texas abortion providers will file an emergency stay application at #SCOTUS in short order. scribd.com/document/45544…
Texas says the ban is necessary to preserver medical supplies that are in short supply at the frontline of the pandemic. Judge Duncan, joined by Judge Elrod, says states have broad power to curtail constitutional rights when managing threats to public health:
Apr 6, 2020 • 7 tweets • 2 min read
Justice Alito delivers the opinion for an 8-1 Court in Babb v. Wilkie, an age discrimination dispute. This is the case in which the chief justice asked about the "Ok, boomer" dig during oral argument. Justice Thomas is the lone dissenter. #SCOTUS supremecourt.gov/opinions/19pdf…
The Court rules that but-for causation is not required for Age Discrimination in Employment Act (ADEA) claims against federal employers. This case involves a VA pharmacist who claims she was denied promotions, training, and benefits because of her age.
Apr 5, 2020 • 7 tweets • 3 min read
Heaven help us, we're at the mercy of the Slim Suit crowd. via @maureendowd: nytimes.com/2020/04/04/opi…
I think it's worth clarifying one point, perhaps pedantic. I don't like describing the administration's strategies as reliant on "states’ rights arguments." The states hold the balance of the public health power in reserve. See:
The Supreme Court has received its first coronavirus case -- the RNC and Wisconsin Republicans are asking the justices to block a court order extending Wisconsin's absentee ballot deadline to April 13, six days past the state's April 7 primary. #SCOTUS scribd.com/document/45502…
The applicants are asking for a decision by Monday since the Wisconsin primary is on Tuesday. Justice Kavanaugh (the circuit justice for the 7th Circuit) has called for a response by 2:00 pm Sunday. #SCOTUS
Apr 1, 2020 • 5 tweets • 2 min read
It's increasingly likely that the Supreme Court will get involved with disputes over virus-related restrictions on abortion clinics. #SCOTUS
freebeacon.com/courts/states-…
Half a dozen states have directed abortion providers to suspend operations, in keeping with general directives to defer elective procedures. The states argue clinics are unnecessarily consuming gloves, gowns, etc. ahead of anticipated shortages at the frontline of the pandemic.
Mar 25, 2020 • 5 tweets • 2 min read
This is the second piece of a series examining legal responses to the coronavirus, dealing with state police power to restrict public gatherings and issue quarantine orders.
It also deals with the hypothetical (?) question whether states and towns can close their borders during a pandemic. One would think the answer is no, given the right to travel and congressional power over interstate commerce.
First opinion is from Justice Gorsuch in Comcast v. National Association of African American-Owned Media. The Court holds plaintiffs in a 1981 case must show race was the "but-cause" of the injury, not just a motivating factor. supremecourt.gov/opinions/19pdf…
Entertainment Studios Networks (owned by Bryon Allen, who was on hand for arguments in November) sued Comcast for discrimination after Comcast declined to carry ESN programming.
The decision is unanimous. Justice Ginsburg wrote a concurring opinion.
