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katherineharron

10 cases that could change how the Supreme Court looks at the Second Amendment - CNNPol... - 0 views

  • The Supreme Court's solid conservative majority could soon choose to take up its first major Second Amendment case in nearly a decade, positioning the court to override state laws established to limit the availability and accessibility of some firearms and when they can be carried in public.
  • It's been over a decade since 2008's landmark 5-4 ruling in District of Columbia v Heller that held the Second Amendment protects an individual's right to keep and bear arms at home for self-defense. Except for a follow-up decision two years later, the court has not weighed in significantly again.
  • "The Court's composition has changed considerably since Heller,
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  • A New York City law regulated where licensed handgun owners can take a locked and unloaded handgun, but it was changed before the court would rule after supporters of gun regulations feared the justices would take an idiosyncratic state law and use it as a vehicle to expand upon Heller. But conservative justices were clearly unhappy with how lower courts were deciding Second Amendment cases.
  • Five of the 10 cases the court is looking at ask justices to determine whether the Second Amendment allows the government to restrict the ability of citizens to carry a firearm outside the home to those with "good cause" or "justifiable need" to do so.
  • The law "effectively bars ordinary, law-abiding citizens from carrying handguns outside the home for self-defense," Paul Clement, a lawyer for Rogers, said in court papers. Clement is a former solicitor general under President George W. Bush.
  • In court papers, New Jersey said it has not "banned carrying a firearm in public; instead, the State has carefully limited public carrying to those individuals with a need to do so."
  • We hope the court will consider the issue of carry outside the home, as the lower courts have ignored existing Supreme Court precedent regarding the right to bear arms," said the NRA's Amy Hunter.
  • The plaintiffs in the Massachusetts case, including two firearm dealers and the Gun Owners' Action League, claim that the law is contrary to the decision in Heller, in which Justice Antonin Scalia wrote that Washington, DC's ban on handgun possession in the home "violates the Second Amendment."
  • Massachusetts Attorney General Maura Healey said the state's ban is on "weapons with distinct military origins that are used disproportionately in mass public shootings and killings of law enforcement officers."
  • The court also previously declined to weigh in on challenge to a Chicago suburb's ban on semiautomatic firearms with the capacity to accept more than 10 rounds of ammunition in 2015.
  • Kavanaugh testified at his Senate confirmation hearing in 2018 that he based his opinion on the Heller decision. "This is all about precedent for me," he said and noted that Scalia had said that dangerous and unusual weapons could be prohibited. Kavanaugh said it's "very important to recognize under the Heller decision that machine guns can be prohibited" but he continued that the ban at issue "seemed to fit common use and not being a dangerous and unusual weapon."
  • one case challenges the federal ban on out-of-state handgun purchases. The plaintiff, Frederic Russell Mance, Jr. attempted to sell handguns to Tracey and Andrew Hanson, who were residents of the District of Columbia, in Texas. However, federal law generally makes it illegal for a licensed firearms dealer to sell any firearm to a person who does not reside in the same state.
  • Pena v. Horan concerns California's Unsafe Handgun Act, requiring new models of semiautomatic handguns manufactured or sold in the state to include certain safety features.
  • "When the court will take another gun case, what it will be, and what the court will decide is all guesswork," said Jonathan Lowy, chief counsel and vice president of pro-gun safety organization Brady: United Against Gun Violence. "They could grant cert in these cases as soon this week, or soon after, and we will be ready to ensure that Americans' right to life is not infringed upon by the gun industry."
  • "The bottom line is that is that the American public overwhelming supports gun safety laws and what we've seen over the last two years in statehouses across the country lawmakers are responding to that," he said. "So the gun lobby is looking to the courts."
anonymous

A Supreme Court case on registering women for the draft evokes Ginsburg's legacy. - The... - 0 views

  • Since 2016, women have been allowed to serve in every role in the military, including ground combat. Unlike men, though, they are not required to register with the Selective Service System, the government agency that maintains a database of Americans who would be eligible for the draft were it reinstated.
  • But the requirement that only men must register for the draft remains. The Supreme Court will soon decide whether to hear a challenge to the requirement
  • “It imposes selective burdens on men, reinforces the notion that women are not full and equal citizens, and perpetuates stereotypes about men’s and women’s capabilities,” lawyers with the A.C.L.U. wrote in a petition on behalf of two men who were required to register and the National Coalition for Men.
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  • Justice Ginsburg, who died in September, argued six cases in the Supreme Court. In the first, Frontiero v. Richardson in 1973, she persuaded the court that the Air Force’s unequal treatment of the husbands of female officers, who were denied housing and medical benefits, violated equal protection principles.
  • In 1981, in Rostker v. Goldberg, the Supreme Court rejected a sex-discrimination challenge to the registration requirement, reasoning that it was justified because women could not at that time serve in combat.
  • In 2019, Judge Gray H. Miller, of the Federal District Court in Houston, ruled that since women can now serve in combat, the men-only registration requirement was no longer justified.
  • The government has not drafted anyone since the Vietnam War, and there is no reason to think that will change.
  • “Should the court declare the men-only registration requirement unconstitutional,” their brief said, “Congress has considerable latitude to decide how to respond. It could require everyone between the ages of 18 and 26, regardless of sex, to register; it could rescind the registration requirement entirely; or it could adopt a new approach altogether, such as replacing” the registration requirement “with a more expansive national service requirement.”
clairemann

Reversing several lower courts, justices allow execution of Lisa Montgomery - SCOTUSblog - 0 views

  • The Supreme Court on Tuesday night cleared the way for the execution of Lisa Montgomery, the first woman to be executed by the federal government in 68 years.
  • In a series of brief, unsigned orders, the Supreme Court reversed a pair of rulings from federal appeals courts that had put Montgomery’s execution on hold, and it denied two other last-minute requests in which Montgomery argued she was entitled to a postponement. In two of the orders, the court’s three liberal justices indicated that they dissented and would not have allowed the execution to proceed.
  • Montgomery, who was sentenced in Missouri, argued that the Department of Justice failed to comply with a Missouri requirement that prisoners be given at least 90 days’ notice before an execution.
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  • The statute does not apply to a state’s procedural rules on issues like scheduling the execution date, the government told the justices. In a two-sentence order, the court lifted the D.C. Circuit’s stay. Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan indicated that they would have left the stay in place.
  • A third case involved whether Montgomery was ineligible for the death penalty due to mental illness. Montgomery’s attorneys argued that she had bipolar disorder, suffered intense hallucinations and continued to experience psychological effects of severe childhood sexual abuse.
  • Finally, Montgomery argued in a fourth case that the Justice Department violated a federal regulation when it scheduled her execution.
  • “If the date designated for execution passes by reason of a stay of execution, then a new date shall be designated promptly by the Director of the Federal Bureau of Prisons when the stay is lifted.”
  • Montgomery was the first woman to be executed by the federal government since 1953. No other women are currently on federal death row.
  • Montgomery also became the 11th person to be put to death by the federal government since last July, when the Trump administration ended a 17-year moratorium on federal executions.
anonymous

Supreme Court to hear NRA-backed gun rights case - Axios - 0 views

  • The Supreme Court will hear a major NRA-backed gun rights case on whether New Yorkers can carry concealed handguns while in public.
  • could result in the most consequential ruling related to the Second Amendment in over a decade.
  • People carrying handguns in public must demonstrate "proper cause" in order to have a license, such as hunting or store protection.However, those types of licenses only allow gun owners to use their firearm for that specific purpose.
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  • “demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession,"
saberal

Justice Clarence Thomas, Long Silent, Has Turned Talkative - The New York Times - 0 views

  • Justice Clarence Thomas, who once went a decade without asking a question from the Supreme Court bench, is about to complete a term in which he was an active participant in every single argument.
  • Justice Thomas, who joined the court in 1991, goes second, right after Chief Justice John G. Roberts Jr., asking probing questions in his distinctive baritone.
  • “He can be one of the most loquacious people you’ve ever met,” she said. “He is extremely chatty.”
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  • “He is an excellent questioner, and an important voice on the court,” said Gregory G. Garre, a lawyer with Latham & Watkins who served as solicitor general under President George W. Bush.
  • Over the course of the last term, Justice Thomas mused about the ballooning salaries of college football coaches, said a police officer’s supposed “hot pursuit” struck him as a “meandering pursuit,” commented on the “sordid roots” of a Louisiana law enacted to advance white supremacy and wondered how public schools should address students’ comments “about current controversies, like protests or Black Lives Matter, antifa or Proud Boys.”
  • If Justice Thomas’s questions differed from those of his colleagues, it was in their courtesy. He almost never interrupted lawyers, though he asked pointed follow-up questions if there was time left.
  • Mr. Garre said Justice Thomas’s questions at the court’s first phone argument, over whether Booking.com could trademark its name, refocused the court with a smart analogy. The justice asked how an internet domain name differed from a 1-800 phone number, noting that 1-800-PLUMBING is a registered trademark.Justices Ruth Bader Ginsburg and Stephen G. Breyer pursued the point, and Booking.com prevailed, in Justice Ginsburg’s last majority opinion.
  • “I think it’s unnecessary in deciding cases to ask that many questions, and I don’t think it’s helpful,” he said at Harvard Law School in 2013. “I think we should listen to lawyers who are arguing their cases, and I think we should allow the advocates to advocate.”
  • When he did speak from the bench, the effect could be electrifying. In 2002, for instance, the courtroom was riveted when he shared his reflections on the meaning of a Virginia law that banned cross burning, recalling “almost 100 years of lynching” in the South by the Ku Klux Klan and other groups.
  • The justices hope to return to the courtroom when the new term starts in October. Once he is back on the bench, will Justice Thomas revert to his usual taciturnity?
  • But it’s also fair to say that Justice Thomas may well prefer the orderly questioning of the current format as opposed to the feeding frenzy that can dominate when the justices are on the bench together.”
ethanshilling

Supreme Court Hears Holocaust Survivors' Cases Against Hungary and Germany - The New Yo... - 0 views

  • The justices struggled to decide whether a 1976 law that bars most suits against other nations allows Jewish victims to sue over the theft of their property.
  • The Supreme Court, wary in the past of cases concerning conduct by and against foreigners that took place abroad, heard arguments on Monday over whether American courts have a role in deciding whether Hungary and Germany must pay for property said to have been stolen from Jews before and during World War II.
  • The Trump administration took issue with the rulings, filing briefs and presenting arguments supporting efforts to limit review in American courts.
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  • The Hungarian case, Republic of Hungary v. Simon, No. 18-1447, was brought by 14 Holocaust survivors, four of them United States citizens, who said their property was stolen by Hungary and its state-owned railway, which deported hundreds of thousands of Jews to Nazi death camps in the summer of 1944.
  • Gregory Silbert, a lawyer for Hungary, said its courts should be allowed to address the matter.
  • Three-judge panels of the United States Court of Appeals for the District of Columbia Circuit ruled against both Hungary and Germany, saying the cases could proceed
  • The basic legal question for the justices in both cases is whether the disputes should be resolved by American courts
  • The German case, Federal Republic of Germany v. Philipp, No. 19-351, concerns the Guelph Treasure, a trove of medieval religious art that was once owned by a consortium of Jewish art dealers in Frankfurt and that is now estimated to be worth $250 million.
  • Benjamin W. Snyder, a lawyer for the federal government who argued in support of Hungary, took a position that frustrated several justices.
  • “The State Department simply doesn’t feel that it has sufficient information to provide the court with a recommendation,” Mr. Snyder said.
  • Ms. Harrington responded that her case, a potential class action, was at an early stage and that “it’s pure speculation at this point” to try to calculate her clients’ damages.
  • A supporting brief from Hungarian Holocaust victims argued that trying to sue in that country was pointless. It described a case brought there by a 92-year-old plaintiff whose suit was dismissed for lack of evidence beyond her sworn testimony and who was ordered to pay the government’s legal fees.
  • “This would put courts of the United States,” Mr. Kneedler said, “in the business of making sensitive judgments about the conduct of foreign governments, including perhaps some of our closest allies
tsainten

Supreme Court to Let PA, NC Accept Absentee Ballots After Election Day - The New York T... - 0 views

  • In the Pennsylvania case, the court refused a plea from Republicans in the state that it decide before Election Day whether election officials can continue receiving absentee ballots for three days after Nov. 3.
  • In the North Carolina case, the court let stand lower court rulings that allowed the state’s board of elections to extend the deadline to nine days after Election Day, up from the three days called for by the state legislature.
  • “It would be highly desirable to issue a ruling on the constitutionality of the State Supreme Court’s decision before the election,” he wrote. “That question has national importance, and there is a strong likelihood that the State Supreme Court decision violates the federal Constitution.”
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  • The motion noted that four justices had already indicated where they stood when the court deadlocked on Oct. 19. Justices Thomas, Alito, Gorsuch and Kavanaugh said they would have granted a stay blocking the Pennsylvania Supreme Court’s decision.
  • Neither side gave reasons
  • “the Constitution reserves a special role for state legislatures in federal elections,”
  • Republican lawmakers, the Republican National Committee and the Trump campaign challenged the settlement in federal court, saying the board had exceeded its power. By a 12-to-3 vote, the United States Court of Appeals for the Fourth Circuit ruled against them
  • “All ballots must still be mailed on or before Election Day,”
kaylynfreeman

Supreme Court to Let PA, NC Accept Absentee Ballots After Election Day - The New York T... - 0 views

  • In the Pennsylvania case, the court refused a plea from Republicans in the state that it decide before Election Day whether election officials can continue receiving absentee ballots for three days after Nov. 3.
  • In the North Carolina case, the court let stand lower court rulings that allowed the state’s board of elections to extend the deadline to nine days after Election Day, up from the three days called for by the state legislature.
  • Justice Amy Coney Barrett, who joined the court on Tuesday,
    • kaylynfreeman
       
      ew
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  • The state court said the extra time was needed because of the coronavirus pandemic and delays in mail service.
  • Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch — said they would have granted requests from Republican lawmakers and the Trump campaign to block lower court rulings allowing the longer deadline.
  • The Pennsylvania Republican Party had asked the justices to temporarily block a ruling from the Pennsylvania Supreme Court that allowed election officials to count some mailed ballots received up to three days after Election Day.
  • Democrats have consistently pushed for more lenient rules when it comes to mail-in ballots and how and when they are counted. Republicans have resisted such changes, with many of them arguing that the relaxed rules could open the process to abuse and fraud.
    • kaylynfreeman
       
      They are basicaly taking away the right to vote from all the people who did mail in ballots. We are a democracy so why is whether or not they should count the mail in ballots even a question?
  • “That question has national importance, and there is a strong likelihood that the State Supreme Court decision violates the federal Constitution.”
  • The state court ordered a three-day extension for ballots clearly mailed on or before Election Day and for those with missing or illegible postmarks “unless a preponderance of the evidence demonstrates that it was mailed after Election Day.”
  • In response, Josh Shapiro, Pennsylvania’s attorney general, a Democrat, said a provision of the State Constitution protecting “free and equal elections” allowed the Pennsylvania Supreme Court to extend the deadline.
  • “All ballots must still be mailed on or before Election Day,” Judge James A. Wynn Jr. wrote. “The change is simply an extension from three to nine days after Election Day for a timely ballot to be received and counted. That is all.”
  • “In the past three years alone, the board has twice extended the absentee-ballot receipt deadline after hurricanes hit the state’s coast,” its brief said. “No one challenged those extensions.”
clairemann

Supreme Court: Why Brett Kavanaugh could pick the next president if the election comes ... - 0 views

  • Here’s how grim the future of voting rights looks for both large-D Democrats and small-d democrats: the pivotal vote on the Supreme Court — the justice who is likely to decide all closely divided voting rights disputes in the near future — is Brett Kavanaugh.
  • credibly accused of attempting to sexually assault Christine Blasey Ford when they were in high school, denied the allegation then lashed out at Democrats who believed it disqualified him from serving on the nation’s highest court.
  • has staked out a position on voting rights that is less extreme than the views of many of his colleagues.
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  • he intends to banish to the sunken place longstanding doctrines protecting the right to vote. But Kavanaugh, at the very least, rejects some parts of the nihilistic approach shared by Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch.
  • her approach to constitutional questions resembles that of Thomas and Gorsuch. Chief Justice John Roberts, who is himself frequently hostile to voting rights law, has written that he thinks his conservative colleagues are going too far i
  • was most visible in Andino v. Middleton, a recent decision that reinstated a South Carolina law requiring absentee voters to have another person sign their ballot as a witness.
  • he did not embrace the extreme position of Justices Thomas, Alito, and Gorsuch,
  • Kavanaugh handed down another opinion suggesting that, while he is not as hostile to voting rights as his most conservative colleagues, he still wants to make radical changes that would profoundly impact American democracy.
  • appears to be torn between a belief that well-established rules governing election disputes should be abandoned, and a competing understanding that it is unfair to disenfranchise voters who followed the rules that were in place at the time when those voters cast their ballots.
  • Purcell v. Gonzales (2006), a case which — at least according to Kavanaugh — established that “federal courts ordinarily should not alter state election rules in the period close to an election.”
  • “The Constitution ‘principally entrusts the safety and the health of the people to the politically accountable officials of the States,’” Kavanaugh wrote. Therefore, “it follows that a State legislature’s decision either to keep or to make changes to election rules to address COVID–19 ordinarily ‘should not be subject to second-guessing by an ‘unelected federal judiciary,’
  • Let state legislatures decide how elections will be conducted in each state, for better or for worse. And don’t intervene even if those decisions are likely to disenfranchise voters.
  • Thomas, Alito, and Gorsuch took the extraordinary position that voters who failed to anticipate that the Supreme Court would change the rules after their unwitnessed ballot was already cast should have their ballots tossed out.
  • that the Supreme Court should take unprecedented steps to overrule state judges and other state officials who try to make it easier to vote. But he also did not join a recent opinion by Alito that suggested that the Court may step in after the election to toss out ballots
  • Democratic National Committee v. Wisconsin State Legislature, a case that determined that ballots that arrive after Election Day in Wisconsin shall not be counted, Kavanaugh pointed to a provision of the Constitution that provides that “the rules for Presidential elections are established by the States ‘in such Manner as the Legislature thereof may direct.’”
  • “in accordance with the State’s prescriptions for lawmaking, which may include the referendum and the Governor’s veto.”
  • the Supreme Court of the United States has the final word on questions of federal law, but state supreme courts have the final say on questions of their own state’s law.
  • It could mean that a state governor cannot veto a state election law (because the governor is not the “legislature”). Or that a state constitution may not empower an independent commission to draw un-gerrymandered legislative maps (because the commission is not the “legislature”).
  • Kavanaugh appears to be largely indifferent to voting rights, and is willing to give state legislatures a great deal of leeway to disenfranchise voters.
  • On Wednesday night, the Supreme Court handed down orders in Republican Party of Pennsylvania v. Boockvar and Moore v. Circosta, which concern whether late-arriving ballots should be counted in Pennsylvania and North Carolina. In both cases, state officials — but not the state legislature — decided that ballots that are mailed before Election Day and that arrive during a brief window after the election should be counted.
  • but they didn’t exactly tell the GOP “no,” either. The Court denied the GOP’s request to order, in advance of the election, that late-arriving ballots will not be counted. But an ominous opinion by Alito suggests that the Court might revisit this question after the election.
  • Alito wrote in a concurring opinion in Republican Party, which was joined by Thomas and Gorsuch. Nevertheless, he added that the case “remains before us” and could be decided “under a shortened schedule” after the election takes place.
  • Voters, in other words, might mail their ballots close to Election Day, believing that they can rely on state officials and lower courts that have said that these ballots will be counted, only to have the Supreme Court change the rules after the election is over — and order these ballots tossed out.
  • But Kavanaugh hasn’t yet shown the same willingness to disenfranchise people who followed the rules — or, at least, who followed the rules that were in place when those voters cast their ballots.
  • It may be a Biden blowout, or a fair-and-square Trump win. But if it’s close, and if Pennsylvania or North Carolina is pivotal, these are the competing considerations that Kavanaugh, likely the swing vote, will be wrestling with.
clairemann

Justices allow execution of Alfred Bourgeois to proceed - SCOTUSblog - 0 views

  • Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Justices Elena Kagan and Sonia Sotomayor indicated that they would have granted the application.
  • Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. Through his counsel, Bourgeois told the justices that he met the current psychological standards for intellectual disability, which became the required legal standard after he was sentenced
  • Bourgeois was convicted in 2004 of murdering his two-year old daughter while making a delivery to Corpus Christi Naval Air Station in Texas. Evidence at trial showed that he had beaten his daughter for a month before her death.
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  • As a child, she said, their mother beat him “over and over” due to his intellectual shortcomings.
  • The Supreme Court ruled in 2002 in Atkins v. Virginia that it is unconstitutional to execute someone who is mentally disabled. After receiving his death sentence, Bourgeois sought a ruling from a federal court in Texas that he was intellectually disabled and thus barred from execution. His appeal was unsuccessful.
  • Since then, Bourgeois told the justices, the playing field has changed in two ways.
  • First, Supreme Court decisions in 2017 and 2019 made clear that under federal law, the relevant standards for intellectual disability in capital cases are the current definitions by the American Psychiatric Association and the American Association on Intellectual and Developmental Disabilities. Bourgeois maintained that he met both.
  • Second, in the summer of 2019, the federal government began scheduling executions for the first time in more than 15 years.
  • “The Court today allows the execution of Alfred Bourgeois to proceed even though Bourgeois, who has an IQ between 70 and 75, argues that he is intellectually disabled under current clinical standards,” Sotomayor wrote. She argued that the court should have ordered a stay and taken up Bourgeois’ appeal in order to resolve whether his execution (and those of similarly situated people on death row) is barred by the Federal Death Penalty Act’s prohibition on executing people with intellectual disabilities.
clairemann

Court allows execution of Corey Johnson to proceed after COVID-19 diagnosis - SCOTUSblog - 0 views

  • The justices on Thursday night denied two last-minute appeals by Corey Johnson, who sought to postpone his execution so that he could recover from COVID-19, which he contracted in prison after spending most of his life on death row. Johnson also argued that he was ineligible for the death penalty on the basis of intellectual disability and that he should have been allowed to seek a sentencing reduction under a 2018 prison-reform law.
  • The two appeals were the subject of a flurry of last-minute litigation, in multiple federal courts, that reached the justices minutes before Johnson’s originally scheduled execution time of 6 p.m. on Thursday. In two unsigned orders issued around 10 p.m. (available here and here), the court denied both appeals.
  • Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan indicated that they would have put the execution on hold based on Johnson’s COVID diagnosis. Sotomayor and Kagan separately indicated that they also would have granted a stay based on Johnson’s other legal arguments.
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  • In their first appeal, Johnson’s lawyers raised two issues: intellectual disability and eligibility for resentencing.
  • In the second appeal, lawyers for Johnson and Higgs contended that putting their clients to death by lethal injection while their lungs were still recovering from damage due to the coronavirus would subject them to unconstitutional levels of suffering, in violation of the Eighth Amendment’s ban on cruel and unusual punishment.
ethanshilling

Supreme Court Rejects Limits on Life Terms for Youths - The New York Times - 0 views

  • The Supreme Court ruled on Thursday that judges need not determine that juvenile offenders are beyond hope of rehabilitation before sentencing them to die in prison. The decision, concerning a teenager who killed his grandfather, appeared to signal the end of a trend that had limited the availability of severe punishments for youths who commit crimes before they turn 18.
  • Justice Brett M. Kavanaugh, writing for the majority in the 6-to-3 ruling, said it was enough that the sentencing judge exercised discretion rather than automatically imposing a sentence of life without parole.
  • “In a case involving an individual who was under 18 when he or she committed a homicide,” he wrote, “a state’s discretionary sentencing system is both constitutionally necessary and constitutionally sufficient.”
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  • Over the past 16 years, the court, often led by Justice Anthony M. Kennedy, methodically limited the availability of the harshest penalties for crimes committed by juveniles, first by striking down the juvenile death penalty and then by restricting sentences of life without the possibility of parole.
  • Thursday’s decision, Jones v. Mississippi, No. 18-1259, concerned Brett Jones, who had recently turned 15 in 2004 when his grandfather discovered his girlfriend in his room. The two men argued and fought, and the youth, who had been making a sandwich, stabbed his grandfather eight times, killing him.
  • In 2005, Mr. Jones was convicted of murder and sentenced to life without the possibility of parole, then the mandatory penalty under state law. That same year, the Supreme Court ruled in Roper v. Simmons that the death penalty for juvenile offenders was unconstitutional.
  • In Montgomery v. Louisiana in 2016, the court made the Miller decision retroactive. In the process, it seemed to read the Miller decision to ban life without parole not only for defendants who received mandatory sentences but also “for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility.”
  • Writing for the majority on Thursday, Justice Kavanaugh said the resentencing did not violate the Eighth Amendment, which bans cruel and unusual punishments, because the punishment imposed by the trial judge had been discretionary rather than mandatory.
  • Justice Kavanaugh rejected the charge that the majority had twisted the earlier decisions, saying it had faithfully complied with stare decisis, the legal doctrine requiring respect for precedent.
  • Justice Sotomayor responded that the majority had satisfied none of the usual criteria for overturning earlier decisions.
  • “How low this court’s respect for stare decisis has sunk,” she wrote. “Now, it seems, the court is willing to overrule precedent without even acknowledging it is doing so, much less providing any special justification.”
  • Justice Kavanaugh wrote that the Supreme Court’s earlier decisions had made life-without- parole sentences for juvenile offenders uncommon. In Mississippi, he wrote, resentencings following the Miller decision have “reduced life-without-parole sentences for murderers under 18 by about 75 percent.”
  • The experience in states that require a finding of incorrigibility was different, she wrote. In Pennsylvania, for example, fewer than 2 percent of resentencings have resulted in the reimposition of life-without-parole sentences.
  • Justice Kavanaugh wrote that states had tools to address juvenile life without parole.“States may categorically prohibit life without parole for all offenders under 18,” he wrote. “Or states may require sentencers to make extra factual findings before sentencing an offender under 18 to life without parole. Or states may direct sentencers to formally explain on the record why a life-without-parole sentence is appropriate notwithstanding the defendant’s youth.”
aleija

Supreme Court Won't Hear Case on Military Draft - The New York Times - 0 views

  • The Supreme Court on Monday declined to hear a challenge to a federal law that requires only men to register for the military draft.
  • As is the court’s custom, it gave no reasons for turning down the case. But three justices issued a statement saying that Congress should be allowed more time to consider what they acknowledged was a significant legal issue.
  • “But at least for now, the court’s longstanding deference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue.”
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  • The requirement is one of the last sex-based distinctions in federal law, one that challengers say cannot be justified now that women are allowed to serve in every role in the military, including ground combat. Unlike men, though, they are not required to register with the Selective Service System, the government agency that maintains a database of Americans who would be eligible for the draft were it reinstated.
  • The unequal treatment “imposes selective burdens on men, reinforces the notion that women are not full and equal citizens, and perpetuates stereotypes about men’s and women’s capabilities,” lawyers with the American Civil Liberties Union wrote in a petition on behalf of two men who were required to register and the National Coalition for Men.
rerobinson03

Opinion | The Supreme Court After Trump - The New York Times - 0 views

  • Rather, I mean to open the door to a deeper inquiry: Now that the Trump presidency has disintegrated into mayhem and madness, how are the conservative members of the Supreme Court processing these past four years?
  • Of course, the administration didn’t win every Supreme Court battle it chose to fight. Thanks to Chief Justice Roberts and his liberal colleagues, who numbered four before the death of Justice Ruth Bader Ginsburg in September, President Trump was unable to add a citizenship question to the 2020 census and he didn’t get away with stripping the “Dreamers” of their protection against deportation.
  • The answer matters because after next week, it will be the Biden administration seeking the court’s attention. Will the justices be more skeptical, less deferential, more or less willing to depart from normal procedures when the president comes knocking on the door?
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  • The answer also matters on a deeper institutional level. Some justices have drifted quite far from their ideological starting points. Harry Blackmun, John Paul Stevens and David Souter come to mind. All were Republican-appointed justices (by Presidents Richard Nixon, Gerald Ford and George H.W. Bush, respectively) who ended their careers as among the most liberal members of the court they served on. Could history repeat itself with any members of the Roberts court?
kaylynfreeman

Opinion | Never Forget What Ted Cruz Did - The New York Times - 0 views

  • Ted Cruz, try to pull yet another fast one on the American people as he fought — not long before the certification process was disrupted by a mob of Trump supporters storming the Capitol and forcing their way into the Senate chamber — to challenge the election results.
  • Mr. Cruz cited the aftermath of the 1876 presidential election between Rutherford Hayes and Samuel Tilden. It was contentious and involved actual disputes about voter fraud and electoral mayhem, and a committee was formed to sort it out.
  • Mr. Cruz has been able to use his pseudo-intellectualism and his Ivy League pedigree as a cudgel. He may be a snake, his supporters (might) admit, but he could go toe to toe with liberal elites because he, too, went to Princeton (cum laude), went to Harvard Law School (magna cum laude), was an editor of the Harvard Law Review and clerked for Supreme Court Chief Justice William Rehnquist. Mr. Cruz was not some seditionist in a MAGA hat (or a Viking costume); he styled himself as a deep thinker who could get the better of lefties from those pointy headed schools. He could straddle both worlds — ivory towers and Tea Party confabs — and exploit both to his advantage.
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  • he supported a lawsuit from Texas Attorney General Ken Paxton (under indictment since 2015 for securities fraud) in an attempt to overturn election results in critical states (it was supported by other Texan miscreants like Representative Louie Gohmert).
  • t happened, for instance, after he supported a lawsuit from Texas Attorney General Ken Paxton (under indictment since 2015 for securities fraud) in an attempt to overturn election results in critical states (it was supported by other Texan miscreants like Representative Louie Gohmert).
  • But maybe, just maybe, Mr. Cruz has finally overreached with this latest power grab, which is correctly seen as an attempt to corral Mr. Trump’s base for his own 2024 presidential ambitions. This time, however, Mr. Cruz was spinning, obfuscating and demagoguing to assist in efforts to overturn the will of the voters for his own ends.
  • I’m curious to see what happens with Mr. Cruz’s check-writing enablers in Texas’ wealthier Republican-leaning suburbs. Historically, they’ve stood by him. But will they want to ally themselves with the mob that vandalized our nation’s Capitol and embarrassed the United States before the world? Will they realize that Mr. Cruz, like President Trump and the mini-Cruz, Senator Josh Hawley of Missouri, would risk destroying the country in the hope of someday leading it?
anonymous

Justice Barrett Joins Supreme Court Arguments For The First Time : NPR - 1 views

  • she asked questions in turn in a set of cases that presented difficult procedural questions but no headlines.
  • Barrett could well be forgiven for bowing out of the court's work last week, with six days to prep before her Monday debut.
  • 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.
  • 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.
  • any reasonable officer should have realized that Taylor's conditions of confinement offended the Constitution,
  • whether Louisiana would permit such a suit.
  • In a second case — involving cruel and unusual punishment of a prisoner — the justices also repudiated a 5th Circuit decision.
  • 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.
  • 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,
  • 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.
  • 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
  • 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
  • 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.
  • 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.
  • 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"
  • 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.
  • 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."
  • 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.
  • Because the cell lacked a bunk, and because Taylor was confined without clothing, he was left to sleep naked in sewage."
  • the Supreme Court noted that the 5th Circuit "properly held that such conditions ... violate the Eighth Amendment's prohibition on cruel and unusual punishment."
  • 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."
xaviermcelderry

Supreme Court Won't Extend Wisconsin's Deadline for Mailed Ballots Past Election Day - ... - 0 views

  • he Supreme Court refused on Monday to revive a trial court ruling that would have extended Wisconsin’s deadline for receiving absentee ballots to six days after the election.
  • The vote was 5 to 3, with the court’s more conservative justices in the majority. As is typical, the court’s brief, unsigned order gave no reasons.
  • The Democratic Party of Wisconsin immediately announced a voter education project to alert voters that absentee ballots have to be received by 8 p.m. on Election Day, Nov. 3. “We’re dialing up a huge voter education campaign,” Ben Wikler, the state party chairman, said on Twitter. The U.S. Postal Service has recommended that voters mail their ballots by Oct. 27 to ensure that they are counted.
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  • Cases from North Carolina and Pennsylvania are pending before the court, the latter a second attempt after a 4-to-4 deadlock last week. Justice Amy Coney Barrett, who was confirmed and sworn in to the Supreme Court on Monday night, could cast the decisive vote in that case
  • “That extension of Wisconsin’s ballot-receipt deadline ensured that Covid-related delays in the delivery and processing of mail ballots would not disenfranchise citizens fearful of voting in person,” Justice Kagan wrote. “Because of the court’s ruling, state officials counted 80,000 ballots — about 5 percent of the total cast — that were postmarked by Election Day but would have been discarded for arriving a few days later.”
rerobinson03

Opinion | Thank the Supreme Court, for Now - The New York Times - 0 views

  • The justices did the right thing by declining to hear the case brought by red states to overturn the election results. But let’s see what happens down the road.
  • t’s as if someone filed a case asking the court to exercise its original jurisdiction and declare the moon to be made of green cheese. We would hardly pat the justices on the back for tossing out such a case. More likely, we would shrug and say, “There goes another nut case.”
  • The justices, I added, would never permit themselves to be drawn into such a sorry charade.
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  • I confess that by the end of the week, the tiniest shadow of doubt had invaded my own mind. And no wonder: The usual inference that even young children are able to draw from experience — “This has never happened before so it’s very unlikely to be happening now” — has proved of dubious utility.
  • Dana Nessel,
  • The court, she said, delivered “an important reminder that we are a nation of laws, and though some may bend to the desire of a single individual, the courts may not.”
  • The Supreme Court was never going to hear, let alone grant, the request by red-state attorneys general and the White House to overturn the election results in four battleground states that went for Joe Biden.
  • And celebrating the court for its restraint in the election cases may be premature. The 2020-21 term, nearly three months in, is still unfolding.
  • The one or two such cases the court decides in a typical year have a certain charm despite their obscurity.
  • n June, the justices took the somewhat surprising step of asking the Trump administration for the federal government’s view on the dispute.
  • Early this month, the Office of the Solicitor General filed the government’s brief, urging the court to accept the case and noting that “resolving such conflicts among sovereigns falls within the core of this court’s original and exclusive jurisdiction.” The court will probably announce early in the new year whether it will assume jurisdiction.
  • In July, Federal District Judge Theodore Chuang, who sits in Greenbelt, Md., issued an injunction requiring the agency to permit doctors, for the duration of the pandemic, to mail or deliver the medication. In October, the Supreme Court responded to the Trump administration’s request for a stay of the injunction by sending the case back to Judge Chuang, telling him to permit the government to argue among other points, that improvements in the Covid-19 situation since the spring meant that visiting a doctor’s office was no longer a sufficient obstacle to merit relaxing the rule for mifepristone.
clairemann

Briefs Draw Battle Lines as Texas Abortion Law Nears Supreme Court - The New York Times - 0 views

  • The justices, who will hear arguments on Monday in two cases challenging the state’s near-total ban, required the parties to file their briefs with extraordinary speed.
  • The court will hear arguments on Monday in two different challenges, one brought by abortion providers in the state and the other by the Justice Department. The court’s scheduling order required the two sides to file their opening briefs simultaneously, with responses due on Friday.
  • Both challengers said the law, which bars most abortions after six weeks of pregnancy, is at odds with Roe v. Wade, which prohibits states from banning abortions before fetal viability, or around 23 weeks. They added that the law, known as Senate Bill 8, was cynically drafted to avoid review by federal courts.
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  • “S.B. 8 was designed to nullify this court’s precedents and to shield that nullification from judicial review,” wrote Brian H. Fletcher, the acting solicitor general, in the federal government’s brief. “So far, it has worked: The threat of a flood of S.B. 8 suits has effectively eliminated abortion in Texas at a point before many women even realize they are pregnant, denying a constitutional right the court has recognized for half a century.”
  • The patient may not be sued, but doctors, staff members at clinics, counselors, and people who help pay for the procedure or drive patients to it are all potential defendants. Plaintiffs do not need to live in Texas, have any connection to the abortion or show any injury from it, and they are entitled to at least $10,000 and their legal fees if they win. Defendants who win their cases are not entitled to legal fees.
  • “Where, as here, a state enacts a blatantly unconstitutional statute, assigns enforcement authority to everyone in the world and weaponizes the state judiciary to obstruct those courts’ ability to protect constitutional rights,” the brief said, “the federal courts must be available to provide relief.”
  • The law effectively deputizes ordinary citizens — including those from outside Texas — allowing them to sue clinics and others who violate the law. It awards them at least $10,000 per illegal abortion if they are successful.
  • Ken Paxton, Texas’ attorney general, filed a single brief in both cases, arguing that neither the federal government nor the providers were entitled to sue. The right way to challenge the law, Mr. Paxton said, was for abortion providers to violate it, be sued in state court, and present constitutional or other arguments as defenses.
  • “If Texas is right, no decision of this court is safe,” he wrote in his brief. “States need not comply with, or even challenge, precedents with which they disagree. They may simply outlaw the exercise of whatever constitutional rights they disfavor; disclaim enforcement by state officials; and delegate the state’s enforcement authority to members of the general public by empowering and incentivizing them to bring a multitude of harassing actions threatening ruinous liability — or, at a minimum, prohibitive litigation costs.”
clairemann

Biden administration asks justices to block enforcement of Texas abortion law - SCOTUSblog - 0 views

  • The Biden administration asked the Supreme Court on Monday to do what the justices declined to do last month when asked by a group of Texas abortion providers: block the enforcement of a Texas law that imposes a near-total ban on abortions performed after the sixth week of pregnancy.
  • making “abortion effectively unavailable” after six weeks, “Texas has, in short, successfully nullified” the Supreme Court’s “decisions within its borders.”
  • Rather than handle the request on the so-called shadow docket, Fletcher also suggested in his filing that the justices could treat the request as a petition for review, schedule full briefing and oral argument, and resolve the merits of the case without waiting for the litigation to conclude in the lower courts.
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  • To make it more difficult to challenge the law in court, especially before it went into effect, the Texas law turns to private individuals, rather than government officials, to enforce the ban, deputizing them to bring lawsuits against anyone who either provides or “aids or abets” an abortion. The law also establishes an award of $10,000 for a successful lawsuit.
  • By a vote of 5-4, in a one-paragraph order issued late at night, the court said that the providers had “raised serious questions regarding the constitutionality of the Texas law.” But the majority nonetheless refused to stop the law from going into effect because, the court wrote, it wasn’t clear whether the state officials whom the abortion providers had named as defendants in the case “can or will seek to enforce the Texas law” in a way that would allow the court to get involved in the dispute at that stage.
  • In a 39-page filing on Monday, Fletcher asked the justices to wipe away the 5th Circuit’s stay of Pitman’s order. That relief would reinstate Pitman’s decision blocking the law while the litigation continues.
  • take up the case on its merits docket and definitively resolve the legality of Texas’ unusual enforcement scheme without waiting for a final ruling from the 5th Circuit — a maneuver known as a petition for certiorari before judgment. On Monday afternoon, the court granted the providers’ request to fast-track the justices’ consideration of their petition, directing the defendants in the case to file their response to the petition by noon on Thursday, Oct. 21.
  • In a 113-page ruling on Oct. 6, U.S. District Judge Robert Pitman granted the administration’s request to put the law on hold. Observing that the right to obtain an abortion before the fetus becomes viable is “well established,
  • Texas was “[f]ully aware that depriving its citizens of this right” directly would be “flagrantly unconstitutional”
  • The majority’s refusal to intervene on an emergency basis sent the case back to the U.S. Court of Appeals for the 5th Circuit, which is scheduled to hear oral argument in early December.
  • The Biden administration’s request went to Justice Samuel Alito, who fields emergency requests from the 5th Circuit. Alito acted quickly, ordering the state to file its response by noon on Thursday, Oct. 21, and — with the order later on Monday directing a response in the providers’ case — setting up the possibility that the court could act on both S.B. 8 cases at the same time.
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