That said, there’s no guarantee here∶ #SCOTUS under Chief Justice #JohnRoberts has shown itself willing to create new & unprecedented legal immunities for #federal misconduct without a scintilla of historical support. It could always do so here too.
#law #PartisanCourt #ActivistCourt
#GiftArticle
How the #SupremeCourt Broke #Congress
In the name of protecting the #BalanceOfPowers, #SCOTUS is radically refashioning that balance.
#law #democracy #government #Constitution #Legislative #CoEqualBranchesOfGovernment #SeparationOfPowers #ActivistCourt […]
Given the small number of #transgender athletes who want to compete in school sports, the issue is given ridiculously outsized attention by the #RightWing.
#law #ignorance #bigotry #LGBTQ #PartisanCourt #ActivistCourt #SCOTUS
#SCOTUS Hears Challenge to Bans on #Transgender Athletes
Two cases before the justices on Tuesday could affect laws in 27 #states that prohibit transgender girls from joining girls’ & women’s sports teams.
#law #ignorance #bigotry #LGBTQ #PartisanCourt #ActivistCourt […]
#SCOTUS extends its order blocking full #SNAP payments, amid signals that the #shutdown could soon end & food #aid payments resume.
The order keeps in place at least for a few more days a chaotic situation. People who depend on the Supplemental Nutrition Assistance Program to feed their […]
#SCOTUS said Monday that it would hear a challenge to #Mississippi’s counting of #mail-in #ballots received after Election Day, a case that could upend mail-in ballot rules in dozens of #states, creating chaos leading up to the 2026 #elections.
#VotingRights #VRA #law #ElectionLaw #Trump […]
#SCOTUS to Hear Major Challenge to #Mail In #Ballot Laws
The justices agreed to hear a challenge to #Mississippi’s #law, a case that could upend similar measures in dozens of #states before the 2026 #election.
#ElectionLaw #Trump #BigLie #PartisanCourt #ActivistCourt […]
Update
#Trump admin CANNOT withhold full #funding for #food #aid, US appeals court rules
A federal appeals court late on Sunday allowed a judge's order to stand that directs Trump's admin to FULLY fund this month's #SNAP benefits for 42 million #LowIncome Americans during the ongoing US […]
Among the cases the justices are expected to consider is a longshot appeal from Kim Davis, the fmr Kentucky court clerk who refused to issue marriage licenses to same-sex couples following the court’s 2015 ruling in #Obergefell v. Hodges.
Davis is trying to get the court to overturn a lower […]
#SCOTUS weighs longshot appeal to overturn decision legalizing #SameSexMarriage nationwide
A call to overturn the landmark Supreme Court decision legalizing same-sex marriage nationwide was on the agenda Friday for the justices’ closed-door conference.
#law #Obergefell #LGBTQ #discrimination […]
…there ain’t no rest for the wicked…
#SCOTUS granted the #Trump *emergency* appeal to temporarily block a #CourtOrder to FULLY fund #SNAP #food #aid payments amid the government #shutdown.
#law #SCOTUS #ActivistCourt #Aristocracy #Plutocracy #hunger #poverty #WealthGap #Aporophobia #FoodStamps […]
The #State Dept changed its passport rules after #Trump handed down an executive order in January declaring the #US would “recognize two sexes, male & female,” based on birth certificates & “biological classification.”
#Transgender actor Hunter Schafer, for example, said in February that her […]
It halts a lower-court order requiring the govt to keep letting people choose male, female or X on their #passport to line up with their #gender #identity on new or renewed passports. The court’s 3 liberal-leaning justices dissented from the unsigned order.
#SCOTUS #Trump #law #ActivistCourt […]
#SCOTUS Thursday allowed the #Trump admin to enforce a policy blocking #transgender & #nonbinary people from choosing #passport sex markers that align with their #gender #identity.
The decision by the conservative-majority court is Trump’s latest win on the high court’s *emergency docket*, & it […]
#Sotomayor also mentioned the additional 10% tariff #Trump slapped on Canada for airing an advertisement he didn’t like during the World Series.
These clearly don’t fall under the admin’s claim of a #trade “emergency”.
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump […]
#Sotomayor: “We’re forgetting here is a
very fundamental point, which is the #Constitution is structured so that if I’m going to be asked to pay for something as a citizen, that it’s through a bill that is generated through #Congress, & the president has the power to veto it or not, but I’m not […]
An emerging theme, from the conservative justices, is that the president’s concededly broad power to shut down #trade generally may include the lesser power to impose #tariffs. That echoes the admin’s position.
Justice #Sotomayor jumped into the questioning & refocused the case back on a […]
#Katyal responded to #Kavanaugh that #Algonquin was one import. Not #tariffs broadly applied to numerous countries across the board.
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
Justice #Kavanaugh points to FEA v. #Algonquin, a 1976 tariff that was upheld by #SCOTUS.
The court unanimously ruled for President Gerald Ford in a case about the imposition of #tariffs on oil imports, based on a different statute that also doesn’t mention the word tariffs.
“The court 9-0 […]
#Katyal argued that the president has other authority to impose #tariffs, without relying on a national emergency.
For example, he cited Section 122 of the Trade Act of 1974, which allows the president to combat trade deficits by imposing tariffs of up to 15% for up to 150 days without […]
#Katyal said that the government has argued in this case that #refunds could be issued later if #tariffs are overturned.
The government opposed a preliminary injunction in this case by saying “oh, don’t worry, we’ll give the refunds later,” he said.
It’s unclear how much would be refunded or who […]
Justice #Alito asks whether #SCOTUS should address #Trump’s authority to impose #tariffs under authorities other than the law at issue in the case. That would be unusual, and his question indicates that he may think the administration is in trouble on the central issue in the case […]
More than 90% of imports are subject to some aspect of #Trump’s #trade policy — #tariffs he announced this year or during his first term, or a sweeping exemption granted to some products, at least temporarily.
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
"I don't think you can just separate it when you say, 'Well, this is a tax -- it's Congress' power,'" #Roberts said. "It implicates very directly the president's foreign affairs power."
Katyal responded that a president’s emergency powers are not limitless, & that the public needs to know what […]
#ClarenceThomas asked #Katyal if his argument wouldn’t also apply to #embargoes. Katyal said it did not, since #tariffs are ways of regulating revenue.
“Embargoes stop the shipment, tariffs start the tax bill. ...Tariffs are constitutionally special because our founders feared revenue raising […]
Justice #Alito probed Katyal’s argument against #Trump’s #tariffs asking, “Do you think all tariffs are revenue- raising?”
Katyal, said it was clear that President Trump’s tariffs were “obviously revenue-raising.” Katyal added that even in the government’s brief to the court it said the tariffs […]
Chief Justice #Roberts says the admin’s #tariffs program “implicates very directly the president’s foreign affairs power.”
#Katyal pointed specifically to the example of #Switzerland, a #US #ally with whom we have a trade surplus — NOT a deficit, & #Trump’s imposed tariffs currently sit at 39% […]
Katyal’s arguments started with a now familiar statement: “Tariffs are taxes,” adding, “Our founders gave that taxing power to Congress alone.”
He went on to say that #Congress knows exactly how to delegate its tariff powers to the executive branch, & every time it has done that it acted […]
