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
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 […]
This is beyond #activism from the blatantly #PartisanCourt, this is #ElectionInterference. Wasn’t #CitizensUnited enough?
#SCOTUS probes #CampaignFinance limits challenged by #JDVance
#SupremeCourt appears likely to issue a ruling notwithstanding arguments that the case is moot because of […]
#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 […]
The case, a potential blockbuster that asks #SCOTUS to determine the meaning of “Election Day,” adds another high-profile fight over elections & #VotingRights to the court’s term. Already, the court’s docket includes a lawsuit over who can sue to challenge #Illinois’ mail-in ballot rules & a […]
#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 […]
#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 […]
“I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the nondelegation argument?” #Alito asked of #Katyal, who served in the Obama admin.
Katyal was quick to respond. “Heck yes, Justice Alito. I think Justice #Gorsuch nailed it on the head […]
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 […]
#Katyal noted what appeared to be skepticism of the #tariffs from Justices Amy Coney #Barrett & Neil M. #Gorsuch, asserting that upholding Trump’s #tariffs would be “a one-way ratchet” of delegating power from #Congress to the presidency, adding “we will never get this power back if the […]
#Katyal started off his presentation to the justices by arguing that their decision “comes down to common sense.” He argued that “it’s simply implausible” that when #Congress enacted #IEEPA, it “handed the president the power to overhaul the entire tariff system & the American #economy in the […]
Sauer presented the government’s case for more than an hour. Now up is Neal K. #Katyal, the lawyer for the businesses who have challenged #Trump’s #tariffs. The court has given him 20 minutes to present his argument.
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
Justice #Gorsuch suggests that #Congress may have crossed a constitutional line in delegating too much authority to the president under the administration’s theory.
Gorsuch warns of “a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the […]
#Gorsuch has questions about both “major questions” & “nondelegation”. He is asking Sauer to provide limits on the broadest reading of the administration’s arguments in favor of #tariffs.
Sauer agreed that another, very different president would have the authority to declare climate change an […]
#Gorsuch has mostly worried about #Congress giving away too much of its power to federal agencies. It’s unclear whether he’ll have the same reservation with the president involved.
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
