Tag: SCOTUS

Promoted from the Ricochet Member Feed by Editors Created with Sketch. Ricochet Replay: A Night with John Yoo

 

For those of you who couldn’t make our live broadcast, we present A Night with John Yoo.

John spends an hour+ with Ricochet Editor Emeritus Troy Senik to talk about his new book, “Defender in Chief,” to reminisce about clerking on the Supreme Court and his time in the Bush 43 Administration and legacy as “the torture memo lawyer.”

Contributor Post Created with Sketch. RBG Reveals She Has Been Receiving Chemotherapy for Liver Cancer Since May

 

Remember earlier this week when Justice Ruth Bader Ginsburg was admitted to the hospital to treat an infection? As many thought, there was more to the story. On Friday, the 87-year-old jurist revealed that she is receiving chemotherapy for another recurrence of cancer.

Ginsburg claimed that the hospital visits this week and back in May were unrelated to her liver cancer, but admits she has been receiving treatment since May. She revealed the chemotherapy for the first time today.

Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. The Rule of Lawyers II: The Lawyering

 

Quick quiz question: How many current Supreme Court judges can you name?

I’ll give you a moment to consider, but don’t take too long. It’s a trick question; the proper answer ought to be zero. Lady Justice is blind. Traditionally that means justice ought not care about the skin color of the defendant, or their wealth or poverty or anything else. Justice is concerned with the fundamental equality of all men, not accidents of nature or position. However, we ought to be able to run that backward; truly just judges ought to be indistinguishable. So why is it that you not only know the Justices’ names but can lay a wager as to how they’d rule on any given controversy?

Recommended by Ricochet Members Created with Sketch. Supreme Court Says Oklahoma Indian ‘Reservations’ Are Real

 

Well, this is interesting. Especially if you live in eastern Oklahoma, including the state’s second-largest city, Tulsa.

While much of the media will focus on the two US Supreme Court decisions involving whether 1) Congress or 2) Manhattan prosecutors may access President Trump’s tax returns, I find the McGirt v. Oklahoma State Appeals Court decision of greater interest. Justice Neil Gorsuch joined the court’s four “liberals” in what read to me like a walk through history, except the parts he glossed over (like, the post-Civil War treaties in 1866, which were described in great detail in Chief Justice John Roberts’ dissent).

Join Jim and Greg for three crazy martinis today! First, they wade into the battle over how schools should open, with President Trump and teacher unions unsurprisingly on opposite sides of the debate. Jim offers a highly entertaining theory on how a recent head injury may explain some of his troubling decisions. And they have a lot of fun dissecting the new presidential campaign of Kanye West.

Greg and Jim are both here! Today, they welcome a Supreme Court decision extolling the importance of honoring the verdict of the people in each state during presidential elections. They also shudder as China reports at least one case of the bubonic plague. And they have fun with the NBA allowing “personalized” messages on players’ jerseys that must come from a pre-approved list of messages.

This week, in a special segment of “The Learning Curve,” Cara and Gerard are honored to be joined by Kendra Espinoza, lead plaintiff in the landmark U.S. Supreme Court case, just decided yesterday, Espinoza v. Montana Department of Revenue, and Erica Smith, an attorney with the Institute for Justice, which represented the plaintiffs. Kendra shares what motivated her and her daughters, Naomi and Sarah, to take such a courageous stand for school choice and religious liberty, and describes her experience being the lead plaintiff in a high-profile Supreme Court case. She also discusses the other Montana moms involved in the case, their reaction to the successful outcome, and the realization of the impact it will have on so many families across the country. Erica shares her thoughts on the decision’s wide-ranging constitutional implications; some surprising aspects of the decision that may prompt future legal battles; and a preview of a state-by-state analysis on which states are best positioned to expand access to school choice now.

Story of the Week: Yesterday, the U.S. Supreme Court ruled in favor of the plaintiffs in the Espinoza v. Montana Department of Revenue case, involving Montana parents who were denied access to a state tax credit program when they sought to use it to send their children to religious schools. The Court held that Montana’s Blaine Amendment cannot be used to exclude religious school parents from the state education tax credit program. In the majority opinion, Chief Justice Roberts wrote: “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

Contributor Post Created with Sketch. Justice Thomas’s Blistering Dissent on Monday’s Abortion Ruling

 

In a 5-4 decision, the Supreme Court struck down a Louisiana abortion law requiring doctors who provide abortions to have admitting privileges at a hospital within 30 miles of their clinic. Chief Justice Roberts again sided with the left in Monday’s ruling on June Medical Services v. Russo. (PDF here.)

Associate Justice Clarence Thomas offered a blistering dissent not only against this decision but the entirety of abortion jurisprudence since Roe v. Wade was decided. Below are excerpts from Justice Thomas’s remarks.

Contributor Post Created with Sketch. The Gorsuch Legal Alchemy

 

The United States Supreme Court has sent shockwaves through much of the nation with its decision in Bostock v. Clayton County. By a six-to-three vote, the Court held in no uncertain terms that the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964 makes it illegal to fire a person “simply” due to their sexual orientation or gender identity.

The basic statutory text of Title VII provides that it is “unlawful . . . for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

Join Jim and Greg as they applaud South Carolina Sen. Tim Scott for a pragmatic approach to police reform and for rightly hammering the Democratic characterization of his legislation as a “token” approach. They also rip Chief Justice John Roberts for siding with the four liberal justices in blocking the Trump administration’s effort to end DACA, which was unconstitutionally created in the first place. And they wade into the ugly back and forth between President Trump and former National Security Adviser John Bolton over Bolton’s scathing new book.

Join Jim and Greg as they cheer Missouri Sen. Josh Hawley for calling out the Supreme Court’s recent judicial activism but also for upbraiding legislators for being too fearful to take up difficult issues and leaving them to the courts to resolve. They also slam NBC for attempting to get Google to deplatform The Federalist and Zero Hedge – largely based on objectionable content in the comments section. And they discuss NFL Commissioner Roger Goodell suddenly encouraging teams to sign Colin Kaepernick.

Member Post

 

Never Trump conservatives, having hoped for a Hillary Clinton win in 2016, were often subjected to “But Gorsuch” taunts from supporters of President Donald J. Trump, once he was, with the help of Mitch McConnell, able to fill the Supreme Court position left vacant by the passing of Justice Antonin Scalia. They quickly turned this […]

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Everyone is here and the guys have a long discussion about the Michael Flynn case and the dropping of charges by the Justice Department. It’s a mess and even those critical of Trump and Flynn are not thrilled with how this played out, including the co-hosts.

The Democrats want to see Trump’s financial documents. Trump refused and now the Supreme Court will make the decision. Is it legitimate or nothing but a means to embarrass Trump?

With all the news still going on about the coronavirus, the guys decided to discuss several issues that aren’t directly related to the pandemic.

First up is the contraceptive mandate in Obamacare. The Trump administration relaxed the rules for having to provide them for employees and appeals court stopped it. The Supreme Court took up the issue. Also, the Super PAC called The Lincoln Project released an ad called, “Mourning in America,” a take on Ronald Reagan’s famous reelection ad from 1984, except this one is a direct shot at President Trump, who didn’t take it very well. The guys also discuss Josh Hawley’s op-ed in the New York Times calling for the abolishment of the World Trade Organization.

Recommended by Ricochet Members Created with Sketch. Schumer’s Threats Reveal a Broader Trend on the Left

 

Democrat Charles Schumer, speaking to “protestors” outside the Supreme Court: “I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”

This statement was clearly a threat, but what kind of threat? Perhaps a direct physical threat, but more likely, I think, a threat to subject the two justices to the kind of orchestrated slander campaign that was already unleashed against Justice Kavanaugh; a slander campaign the would result in great emotional pain to the Justices and their families and great disruption to the operations of the Court.

The Three Martini Lunch has you covered as the presidential race narrows yet again. Join Jim and Greg as they react to Elizabeth Warren dropping out of the 2020 field and chronicling how this top-tier candidate turned into an electoral dud. They also dissect Senate Minority Leader Chuck Schumer’s bizarre threats against Justices Gorsuch and Kavanaugh outside the Supreme Court on Wednesday and his pathetic response to the rebuke from Chief Justice John Roberts. And they sigh as the coronavirus panic leads the National College Players Association to suggest the NCAA play its March Madness games with no audiences in the arenas.

Recommended by Ricochet Members Created with Sketch. An Afternoon with Friends and Justice Thomas

 

Gary Robbins, Bob Thompson, and I held a Ricochet mini-meetup on Saturday in Scottsdale, AZ. We met at the Il Capo Restaurant for a nice Italian lunch — Gary’s treat, so thanks again, my friend. In our lunch discussion, we reached complete political agreement on all issues. Gary is now a confirmed, ardent Trump enthusiast who loves walls and Big Beautiful Coal and hates Adam Schiff. No, wait, not yet. (He will be, once the Gary pod growing in my garage is matured.)

After lunch, Gary and I watched the new documentary about Justice Thomas, called Created Equal: Clarence Thomas In His Own Words. I enjoyed the movie, which was a touching and interesting presentation of the life of this outstanding Justice and American hero. There was little focus on his jurisprudence, and much focus on his extraordinary life story, from extreme rural poverty on the Georgia coast during the Jim Crow era, to his study in a Catholic seminary, his days as a student radical in the ’60s, and his eventual development into a Reagan Republican.

Member Post

 

No doubt there is more information to follow, but for now, SCOTUS has done nothing to help the homeless problem: https://www.foxnews.com/politics/supreme-court-refuses-to-hear-challenge-to-ruling-that-allows-homeless-to-sleep-on-sidewalks Read More View Post

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Contributor Post Created with Sketch. Our Precarious Pipeline Infrastructure

 

The United States Supreme Court recently agreed to hear United States Forest Service v. Cowpasture River Preservation Association. In that case, the Fourth Circuit, speaking through Judge Stephanie Thacker, found multiple reasons to block the Atlantic Coast Pipeline, LLC (Atlantic) from building, operating, and maintaining its 42-inch diameter natural gas pipeline.

That (ACL) pipeline, capable of transporting 1.5 billion cubic feet of natural gas each day, would run along a 604.5-mile route from West Virginia to eastern portions of Virginia and North Carolina. It would have to be routed underneath the Appalachian Trail, a hiking trail that runs about 2,000 miles from Mount Katahdin, Maine, to Springer Mountain, Georgia. Like all pipelines, some portion of the ACP will have to be built over treacherous terrain, carrying with it two inescapable environmental risks—damage during construction, and rupture and leakage during operation.

Member Post

 

President Trump undertook a lawsuit which involved one of two things. It was either a last ditch attempt to suppress the ability of accountants who have filed his taxes over the years to respond to the subpoena they were issued, or else it involved a way to stop the current Congressional Democrats from re-configuring the […]

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