Court allows Texas to enforce age verification for online porn sites
Amy Howe
by Ellena Erskine
1d ago
The Supreme Court on Tuesday declined to temporarily block a Texas law that requires pornographic websites to verify their users’ ages. In a brief unsigned order, the justices turned down a request from a group of challengers that included an adult industry trade association to put the law on hold to give them time to seek review of a ruling by a federal appeals court. There were no public dissents from Tuesday’s order. The law, known as H.B. 1181, was originally slated to go into effect last September. But the challengers, led by the Free Speech Coalition, went to federal court in August, cha ..read more
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Supreme Court takes up RICO and veterans “benefit of the doubt” cases
Amy Howe
by Ellena Erskine
2d ago
In a list of orders released from the justices’ private conference last week, the justices granted review in four cases – adding those cases to the lone four cases that they have agreed to take up for the 2024-25 term since early January. Monday’s grants involve (among others) the interpretation of federal racketeering laws and the “benefit of the doubt” rule for veterans. In Medical Marijuana v. Horn, the Supreme Court agreed to decide whether a commercial truck driver who lost his job after he failed a drug test can bring a claim under federal racketeering laws against the makers of the prod ..read more
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Supreme Court appears likely to side with Trump on some presidential immunity
Amy Howe
by Ellena Erskine
6d ago
The Supreme Court on Thursday appeared skeptical of a ruling by a federal appeals court that rejected former President Donald Trump’s claim that he has absolute immunity from criminal charges based on his official acts as president. During more than two-and-a-half hours of oral argument, some of the court’s conservative justices expressed concern about the prospect that, if former presidents do not have immunity, federal criminal laws could be used to target political opponents. However, the justices left open the prospect that Trump’s trial in Washington, D.C., could still go forward because ..read more
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Supreme Court divided over federal-state conflict on emergency abortion ban
Amy Howe
by Ellena Erskine
1w ago
The Supreme Court on Wednesday was divided over whether a federal law requiring hospitals that participate in Medicare to provide “necessary stabilizing treatment” in an emergency overrides an Idaho law that bars most abortions. The court’s ruling could affect health care in emergency rooms in the 22 states that have imposed restrictions on abortions, particularly in the six states that – like Idaho – lack exemptions to the general ban to protect the health of the mother. The federal law at the center of the case is known as the Emergency Medical Treatment and Labor Act. Passed in 1986, the la ..read more
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Supreme Court to hear emergency abortion dispute out of Idaho
Amy Howe
by Ellena Erskine
1w ago
Less than a month after the justices heard oral arguments in a case seeking to roll back access to one of the drugs used in medication abortions, the Supreme Court will hear oral arguments on Wednesday in another case involving abortion. At issue in Moyle v. United States and Idaho v. United States is whether emergency rooms in Idaho can provide abortions to pregnant women in an emergency. The Biden administration contends that a federal law known as the Emergency Medical Treatment and Labor Act can in some narrow circumstances trump a state law that criminalizes most abortions in the state. T ..read more
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Justices take up “ghost guns” case for next term
Amy Howe
by Ellena Erskine
1w ago
Though still far behind the number of cases granted for the next term this time last year, the court on Monday added two new cases to its docket for the 2024-2025 term. The justices agreed to weigh in on a challenge to a rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulating so-called “ghost guns” – firearms without serial numbers that virtually anyone can assemble from parts, often purchased in a kit. Garland v. VanDerStok was one of two cases granted on Monday on a list of orders from the justices’ private conference last week. The dispute over the “ghost guns” rule is o ..read more
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Court divided over constitutionality of criminal penalties for homelessness
Amy Howe
by Ellena Erskine
1w ago
The Supreme Court on Monday was divided over a challenge to the constitutionality of ordinances in a southwest Oregon town that fines people who are homeless from using blankets, pillows, or cardboard boxes for protection from the elements while sleeping within the city limits. The city argued that the ordinances merely bar camping on public property by everyone, while the challengers contended that the laws effectively make it a crime to be homeless in the city and therefore violate the Constitution’s ban on cruel and unusual punishment. Laws like these, known as “camping bans,” have been imp ..read more
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Supreme Court to hear Trump’s bid for criminal immunity
Amy Howe
by Ellena Erskine
2w ago
In the final argument scheduled for its 2023-2024 term, the Supreme Court will hear argument on Thursday in former President Donald Trump’s historic bid for criminal immunity. The question before the justices is whether Trump can be tried on criminal charges that he conspired to overturn the results of the 2020 election. The court’s answer will determine not only whether Trump’s trial in Washington, D.C., before U.S. District Judge Tanya Chutkan, originally scheduled for March 4 but now on hold, can go forward, but also whether the former president’s trials in Florida and Georgia can proceed ..read more
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Justices divided over Jan. 6 participant’s call to throw out obstruction charge
Amy Howe
by Ellena Erskine
2w ago
The Supreme Court on Tuesday was divided over whether charges against a former Pennsylvania police officer who entered the U.S. Capitol during the Jan. 6, 2021, attacks should stand. Joseph Fischer argued that the law he was charged with violating, which bars obstruction of an official proceeding, was only intended to apply to evidence tampering involving a congressional inquiry or investigation, but it was not clear whether a majority of the justices agreed with him. Some justices expressed concerns that the government’s interpretation of the law could sweep in too much conduct, while others ..read more
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Court allows Idaho to generally enforce ban on gender-transition care for minors
Amy Howe
by Amy Howe
2w ago
The Supreme Court on Monday cleared the way for Idaho to temporarily enforce a state law criminalizing gender-transition care for minors against anyone who is not part of a lawsuit currently challenging that ban. In a brief order, the justices granted the state’s request to limit the scope of an earlier order entered by a federal district court in Idaho, which had barred the state from enforcing the law at all while a challenge to its constitutionality continues. The ruling was also noteworthy for the extent to which several members of the court aired their views – and their differences – on t ..read more
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