Justice Barrett Joins Supreme Court Arguments For The First Time : NPR - 1 views
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she asked questions in turn in a set of cases that presented difficult procedural questions but no headlines.
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Barrett could well be forgiven for bowing out of the court's work last week, with six days to prep before her Monday debut.
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Barrett's choice to forgo participating last week meant she did not vote in two significant cases decided by the court in opinions released Monday.
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even if his role in leading the protest onto the highway was negligent, it couldn't make him personally liable for the actions of an individual whose only association to him was attendance at the protest.
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On Monday, the Supreme Court threw out the suit for now, declaring that the 5th Circuit's interpretation of state law "is too uncertain a premise on which to address" the question currently at issue.
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any reasonable officer should have realized that Taylor's conditions of confinement offended the Constitution,
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In a second case — involving cruel and unusual punishment of a prisoner — the justices also repudiated a 5th Circuit decision.
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the prison officers responsible for this treatment could not be sued because the law "wasn't clearly established" that "prisoners "couldn't be housed in cells teaming with human waste" "for only six days." Thus, the 5th Circuit granted the officers qualified immunity from being sued.
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The constitutional question — namely whether such a suit violated the First Amendment guarantee of free speech — is only raised if Louisiana law in fact permits such a suit in the first place,
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The telephone format allows each justice only a few minutes to ask questions so there was no way to compare Barrett's questioning with other newbies in recent years.
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New Supreme Court Justice Amy Coney Barrett heard her first oral arguments at the Supreme Court on Monday. Participating by phone with the other justices
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Barrett could well be forgiven for bowing out of the court's work last week, with six days to prep before her Monday debut. But Chief Justice John Roberts also had just six days to prepare in 2005
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Barrett's choice to forgo participating last week meant she did not vote in two significant cases decided by the court in opinions released Monday.
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In an important First Amendment case involving a Black Lives Matter protest, the court sided with activist DeRay Mckesson in his effort to avoid a lawsuit by a police officer who was severely injured by an unknown assailant.
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On Monday, the Supreme Court threw out the suit for now, declaring that the 5th Circuit's interpretation of state law "is too uncertain a premise on which to address"
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Acknowledging these "exceptional circumstances," the high court, in essence, then asked the Louisiana Supreme Court to decide what the state law actually is — in short, whether Louisiana would permit such a suit.
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This one involved a Texas state prisoner, Trent Taylor, who alleged that for six days in 2013 he was held in what the court called "shockingly unsanitary cells."
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Taylor did not eat or drink for nearly four days. Correctional officers then moved Taylor to a second, frigidly cold cell, which was equipped with only a clogged drain in the floor to dispose of bodily wastes.
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Because the cell lacked a bunk, and because Taylor was confined without clothing, he was left to sleep naked in sewage."
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the Supreme Court noted that the 5th Circuit "properly held that such conditions ... violate the Eighth Amendment's prohibition on cruel and unusual punishment."
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went on to say that the prison officers responsible for this treatment could not be sued because the law "wasn't clearly established" that "prisoners "couldn't be housed in cells teaming with human waste" "for only six days."