Amy Howe
@AHoweBlogger
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Reporting on the Supreme Court at . Chief of staff to an eight-pound Maltipoo. NOT the FanDuel CEO.
Washington, D.C.
Joined February 2015
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Justice Jackson and Dr. Patrick Jackson on the plaza after her investiture.
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Justice Amy Coney Barrett has turned down, without explanation or referral to full
#SCOTUS
, request from Wisconsin taxpayers group to block Biden administration's student loan relief plan.
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#SCOTUS
spokeswoman reports that Justice Ruth Bader Ginsburg has been discharged from the hospital. She is now at home & doing well.
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It's a new
#SCOTUS
: By a vote of 5-4, Court grants requests by Catholic diocese & synagogues in NYC to lift COVID-related attendance limits on houses of worship. Justices had turned down similar requests last summer, while Justice Ruth Bader Ginsburg was still on the Court.
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#SCOTUS
grants request from NY district attorney Cy Vance to have ruling in Trump financial records case go into effect asap. Trump had consented to the request.
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And then there were four. (Photo from before yesterday's investiture of Justice Ketanji Brown Jackson, by the Supreme Court of the United States.)
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#SCOTUS
announces retirements of Marshal Pamela Talkin & Reporter of Decisions Christine Luchok Fallon. Both were the first women to hold those jobs; collectively they worked at the Court for nearly 50 years. Wishing them both a very happy retirement!
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#SCOTUS
has *docketed* the case, which is different from agreeing to hear. Docketing means that the case has met the filing requirements; the case has to be docketed for the justices to consider it. It is 22O155, Texas v. Pennsylvania:
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#SCOTUS
turns down request by Rep. Mike Kelly to block Pennsylvania from certifying results of presidential election. No recorded dissents.
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#SCOTUS
will issue opinions tomorrow -- Wednesday, July 8. There are 5 remaining, including the battle over Trump's tax returns, although we may not get them all tomorrow. A list of the remaining cases is available here:
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Pennsylvania files its opposition to Texas's effort to challenge the results of 2020 election, calling TX's request at
#SCOTUS
"legally indefensible" & a "seditious abuse of the judicial process." Full filing is here:
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#SCOTUS
reports that Justice Ruth Bader Ginsburg was treated for benign gall bladder condition today at Johns Hopkins in Baltimore. Ginsburg is resting comfortably, plans to participate in tomorrow's oral arguments remotely by telephone from the hospital.
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#SCOTUS
Public Information Office announces that Justice Ruth Bader Ginsburg was admitted to the hospital today "for treatment of a possible infection," had a procedure to "clean out a bile duct stent" placed last year. RBG is "resting comfortably & will stay" for a few days.
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Justice Sotomayor has done this before: She swore in then-Vice President Biden back in 2013:
ABC News reporting that Justice Sonia Sotomayor will swear in Vice President-Elect Kamala Harris.
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#SCOTUS
will not block Indiana University’s vaccine requirement for students. Justice Amy Coney Barrett rejected request by a group of students without referring to the full Court.
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Update on Justice Ruth Bader Ginsburg from
#SCOTUS
: No evidence of any remaining disease, no further treatment required, treatment remains on track, but she will continue to work from home next week, participating in cases based on briefs & oral argument transcripts.
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Busy times at
#SCOTUS
, which says it may announce opinions on Monday, Dec. 14, at 10 am.
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#SCOTUS
has released its calendar for the November argument session. The justices will hear the challenges to the consideration of race in admissions at Harvard and UNC on Oct. 31.
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#SCOTUS
Public Information Office announces that Justice Ruth Bader Ginsburg was hospitalized w/"chills and fever" but expects to be released "as early as Sunday morning."
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#SCOTUS
will issue opinions on Monday and Tuesday next week. 13 decisions remaining -- 3 from January & February, the other 10 from May argument session.
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#SCOTUS
press office says Justice Ruth Bader Ginsburg has been admitted to GW Hospital this morning for "observation and treatment" after falling at her office last night, fracturing three ribs on her last side.
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#SCOTUS
grants review in Loper Bright Enterprises v. Raimondo, in which it has been asked to consider overruling its 1984 decision in Chevron v. Natl Resources Defense Council, on deference to administrative agencies. Justice Jackson is recused from the case.
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#SCOTUS
threw out Flowers' conviction & death sentence last year, w/7 justices agreeing that jury selection in his case violated the Constitution.
BREAKING NEWS: The Mississippi Attorney General has just dropped the case against Curtis Flowers. After six trials and 23 years, the case against Curtis Flowers is finally over. We’ll have a special episode of
@InTheDarkAPM
out later today.
#CurtisFlowers
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After 80 minutes of often tense oral arguments,
#SCOTUS
seems likely to divide 5-4 on ideological lines in challenge to decision to add citizenship question to 2020 census, with conservative justices likely to uphold the question
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Justice Samuel Alito directs PA county election boards, "pending further order of the Court," to follow instructions to segregate and count separately ballots received after Election Day. Orders state officials & Dems to respond by 2 pm tomorrow.
PA Republicans ask
#SCOTUS
to order elections boards to segregate ballots that arrive after Election Day but b/4 Nov. 6 deadline set by PA S. Ct. They acknowledge that state officials had already directed bds to segregate ballots but say "it is unclear" whether bds are doing so.
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#SCOTUS
will not block Montana plan to send out mail-in ballots for upcoming elections. Justice Kagan denied request by state Republicans w/out referring to full Ct.
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#SCOTUS
will not block New York City's COVID-19 vaccine mandate for public-school employees. Justice Sonia Sotomayor, who handles emergency requests from NY, has denied the employees' request to put the mandate on hold while they appeal.
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#SCOTUS
rejects Texas effort to overturn 2020 election results in 4 states, says (among other things) Texas does not have a legal right to sue:
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#SCOTUS
throws out Wisconsin Supreme Court ruling that adopted Democratic governor's redistricting plan for state legislature, sends the case back for a new look. Justice Sonia Sotomayor dissents, joined by Justice Elena Kagan, calls ruling "unprecedented."
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Over dissent by Ginsburg & Kagan,
#SCOTUS
stays out of dispute over North Dakota law that requires voters to present ID that includes current residential street address
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#SCOTUS
reports that Justice Ruth Bader Ginsburg, who had cancerous growths removed from her lung last week, was discharged from the hospital yesterday and is recuperating at home.
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In a letter to the president, Justice Stephen Breyer says that his retirement will take effect at noon on Thursday, after
#SCOTUS
issues the remaining opinions.
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#SCOTUS
will issue orders tomorrow morning at 9:30 am Eastern, but next day for opinions won't be until Monday, July 6, at 10 am. Still waiting on several high-profile rulings, including on Trump's tax returns, "faithless electors," & ACA's birth-control mandate.
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#SCOTUS
denies petition by Kim Davis, the KY clerk who refused on religious grounds to issue marriage licenses to same-sex couples. Justice Thomas has statement regarding the denial, joined by Justice Alito.
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Justice Sonia Sotomayor dissents, says immigrant is asking only for "the small grace, to which he is legally entitled, of being allowed to remain in the country while he pursues his substantial claims for relief"
#SCOTUS
will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit.
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#SCOTUS
reports that Justice Ruth Bader Ginsburg, who was hospitalized Fri night with chills and fever, has been discharged from the hospital. She is "home and doing well."
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Let's do this again:
#SCOTUS
expected to issue opinions on Thursday at 10 am. 14 opinions remaining -- 4 from January and February, 10 from May.
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#SCOTUS
rejects West Virginia's request to enforce state law barring transgender girls from girls' sports teams against 12-year-old wanting to compete on her middle-school track team while litigation continues. Here is order:
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#SCOTUS
won't intervene to stop construction for Obama presidential center in a Chicago park. Justice Amy Coney Barrett denied the emergency request without referring it to the full court.
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Over dissent by 3 justices,
#SCOTUS
grants request to lift federal moratorium on evictions. "If a federally imposed eviction moratorium is to continue," ct. writes, "Congress must specifically authorize it." Full opinion (& dissent) here:
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#SCOTUS
confirms that Justice Ruth Bader Ginsburg will be on the bench today, as the justices kick off the February sitting. Ginsburg had cancer surgery in late December.
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#SCOTUS
response has been filed (early!) to defend secret grand jury subpoena dispute believed to be related to Mueller investigation, but no more information available, b/c response also filed under seal:
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#SCOTUS
reports that Justice Ruth Bader Ginsburg had "minimally invasive non-surgical procedure" today at Memorial Sloan Kettering in NYC to "revise a bile duct stent" placed last year. RBG is "resting comfortably" & expects to be released by the end of the week.
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#SCOTUS
Public Information Office reports that Justice Amy Coney Barrett will use chambers formerly used by Justice Ruth Bader Ginsburg. Ginsburg's 5 law clerks are now working for Justices Breyer (2), Sotomayor (2), & Kagan (1).
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Justice Samuel Alito has put lower court rulings restricting access to abortion pill mifepristone on hold until Wednesday night, instructs challengers to file their brief by noon on Tuesday.
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Justice Alito has put the lower court's order on hold until 11:59 pm on Tuesday night to allow the full
#SCOTUS
to consider the Biden administration's request. Alito's order is here:
Biden administration asks
#SCOTUS
to block lower-court ruling that would require federal govt to reinstate "Remain in Mexico" policy, which required immigrants seeking asylum to stay in Mexico while waiting for hearings. Application is here:
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#SCOTUS
has released the hearing list for the November argument session. The Biden administration's new solicitor general, Elizabeth Prelogar, will argue in the Texas abortion case on Monday. Prelogar was confirmed yesterday.
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Justice Gorsuch at today's oral argument in Timbs v. Indiana: Are we still litigating the incorporation of the Bill of Rights in 2018? Really? Justices seem ready to rule that excessive fines clause applies to the states, although they may not say much more than that.
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#SCOTUS
intervenes in Wisconsin primary dispute, blocks order extending deadline to submit absentee ballot "to the extent it requires Wisconsin to count ballots postmarked after" tomorrow. Vote is 5-4; RBG dissents, joined by Breyer, Sotomayor, & Kagan.
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#SCOTUS
announces it will release opinion(s) tomorrow morning at 10 am. The justices will not be in the courtroom, so opinion(s) will be issued only on the Court's website.
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#SCOTUS
has denied request from the Biden administration to allow it to implement its immigration enforcement policy while litigation continues, BUT agrees to hear the case in December, w/out waiting for the lower court to weigh in.
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Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."
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#SCOTUS
reports that Justice Ruth Bader Ginsburg has been discharged from the hospital. "She is doing well and glad to be home," will return to hospital for follow-up visits to "eventually remove the gallstone non-surgically."
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In new filing, fed govt told
#SCOTUS
that there is no need to expedite consideration of petitions for review of 5th Circuit's ruling in challenge to Obamacare. Govt says that lower ct decisions do not present "any current exigency that warrants accelerated interlocutory review"
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They did have a conference this morning, and we could get grants this afternoon, although we don't know for sure whether that will happen or, if so, when.
@AHoweBlogger
SCOTUS is on vacation today, correct? I keep reading articles about a conference (maybe to discuss DJT tax returns), but the calendar says they are out. O, sage of the Court, what say you?
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Justice Ruth Bader Ginsburg, who had surgery last month to remove two cancerous growths from her lungs, will not be on the bench this morning. It will be the first time she has missed an argument session.
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#SCOTUS
orders additional briefing in challenge to Biden administration's decision to end "remain in Mexico" policy; case was argued last week. Order is here:
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#SCOTUS
announces that Chief Justice John Roberts will administer judicial oath to Amy Coney Barrett in a private ceremony at the Court tomorrow. After she takes that oath, she can begin work. Formal investiture to follow at a later date.
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The vote was not close or narrow. But the ruling was (and I personally think that the vote was not narrow precisely because the ruling was narrow).
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#SCOTUS
blocks tonight's scheduled execution of Texas inmate who sought to have spiritual advisor in execution chamber. Justices order district ct to "promptly determine" whether "serious security problems would result" if inmate can have own spiritual advisor in chamber.
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Justice Sandra Day O'Connor, the first woman to serve on the Supreme Court, has died. She was 93 years old.
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The court holds in Perez that requirement in the Individuals with Disabilities Education Act to pursue all available admin procedures does not bar the student's lawsuit under the Americans with Disabilities Act b/c the relief he seeks is not something the IDEA can provide.
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#SCOTUS
will release orders at 9:30 am on Monday; opinions at 10 am on Monday AND Thursday. Court spokeswoman says all justices are doing well.
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#SCOTUS
just finished oral arguments on whether federal civil rights laws protect LGBT employees. Case could hinge on Justice Neil Gorsuch, who acknowledged that question is close but also expressed concern about “massive social upheaval”
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DOJ has filed its response at
#SCOTUS
to Trump's emergency request to intervene in case over classified documents at Mar-a-Lago. Document is here:
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#SCOTUS
will not block the execution of Arizona inmate Frank Atwood, scheduled for today. No dissents recorded.
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#SCOTUS
just issued more orders from its private conference last week. Among the many denials is Domino's Pizza v. Robles, re whether accessibility requirements of Americans with Disabilities Act applies to websites and apps
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#SCOTUS
rules in favor of Colorado church seeking to bar state from enforcing COVID-related capacity limits on houses of worship. Kagan dissents, joined by Breyer & Sotomayor, says case is moot b/c Colorado has already lifted the limits. Order is here:
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#SCOTUS
denies review in Schwab v. Fish, will not decide whether U.S. Constitution or federal law bar Kansas from requiring proof of citizenship to register to vote. Lower court had struck down requirement.
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#RBG
Watch: Back on the bench after cancer surgery, Justice Ruth Bader Ginsburg was in fine fettle this morning, asking several questions during oral arguments in patent procedural case.
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Justice Gorsuch has called for a response. It is due on Wednesday, Dec. 9, at 4 pm.
Colorado church & pastor ask
#SCOTUS
to block enforcement of state's limits on capacity b/c of COVID-19, arguing that restrictions violate Constitution's free exercise clause
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#SCOTUS
announces that Justice John Paul Stevens will lie in repose at the Court on Mon, July 22. A private ceremony will be held at 9:30 am, w/public invited to pay respects from 10:30 am until 8 pm. Private funeral & interment will follow at Arlington Natl Cemetery on Tuesday.
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Thomas says that petition "provides a stark reminder of the consequences of Obergefell" v. Hodges, recognizing right to same-sex marriage, & says that "the Court has created a problem that only it can fix. Until then, Obergefell will continue to have 'ruinous consequences.'"
#SCOTUS
denies petition by Kim Davis, the KY clerk who refused on religious grounds to issue marriage licenses to same-sex couples. Justice Thomas has statement regarding the denial, joined by Justice Alito.
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#SCOTUS
rejects request from RJ Reynolds Tobacco Co. to block California's ban on sale of flavored tobacco. No public dissent from brief order, which is here:
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Abortion providers ask
#SCOTUS
to block enforcement of Texas law banning abortions beginning at 6 weeks of pregnancy. Law goes into effect on Wednesday. Filing is here:
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#SCOTUS
sends case of southern California church challenging governor's COVID-19 restrictions back to district court for another look after last week's decision in favor of NY churches & synagogues. The court's order is here:
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#SCOTUS
reports that retired Justice John Paul Stevens has passed away today at a hospital in Florida following a stroke yesterday. In a statement, Chief Justice John Roberts lauded Stevens's "inimitable blend of kindness, humility, wisdom, and independence." He was 99.
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#SCOTUS
Public Information Office reports that all of the justices have been fully vaccinated against COVID-19.
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#SCOTUS
does not act on President Trump’s petition for review of 2nd Circuit decision holding that Trump violates 1st Amendment when he blocks people from his personal Twitter account b/c of their views
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Justice Ketanji Brown Jackson dissents, expresses her concern that "contemporary practice" on these kinds of rulings "has drifted away from the doctrine's foundational moorings"
#SCOTUS
vacates lower court ruling holding that state court clerk can be sued for telling pregnant teen seeking abortion that her parents would have to be notified, sends case back w/instructions to dismiss case as moot
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#SCOTUS
denies Trump administration's request to allow it to enforce ban on asylum for immigrants who enter country from Mexico illegally pending appeals. Chief Justice provided deciding vote, with Thomas, Alito, Gorsuch, & Kavanaugh all indicating they would have granted stay.
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#SCOTUS
rejects request from former President Donald Trump to block the release of documents to committee investigating Jan. 6, 2021 attack on the U.S. Capitol. Here's the link:
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#SCOTUS
will not hear case of Louisiana death-row inmate David Brown, who had asked the justices to decide whether & when someone else’s confession is the kind of evidence that Constitution requires prosecutors to turn over. Justice Jackson dissents, joined by Sotomayor & Kagan.
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Fulton County DA Fani Willis has filed a response. She tells
#SCOTUS
that if it grants Sen. Lindsey Graham's request to block the grand jury subpoena, grand jury's work "will be delayed indefinitely." Here's the filing:
#SCOTUS
has asked Georgia prosecutors to respond to Lindsey Graham's request to block a subpoena for his testimony before a grand jury investigating interference in the 2020 elections. Fulton County prosecutors must file their response by 5 pm on Thursday, 10/27.
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#SCOTUS
will not take up the case of Gloucester County School Board & Gavin Grimm, involving whether transgender students must be allowed to use restrooms that match their gender identities. Justices Thomas and Alito would have granted review.
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Chief Justice John Roberts responds to statement by Sen. Chuck Schumer at abortion-rights rally in front of
#SCOTUS
that Justices Kavanaugh, Gorsuch "will pay the price" if they uphold Louisiana abortion law. Roberts calls statement "not only inappropriate" but also "dangerous."
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#SCOTUS
grants review in US v. Rahimi, challenge to constitutionality of ban on gun possession by individuals subject to domestic violence orders
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Justice Ruth Bader Ginsburg has died, the Supreme Court has announced, from complications from pancreatic cancer. She was 87 years old. Chief Justice John Roberts said "Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague."
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#SCOTUS
will not block lower-court ruling that allows colleges to pay student-athletes for internships & other expenses related to education. Justice Elena Kagan denied emergency request from NCAA w/out referring to full court.
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#SCOTUS
declines to step into dispute over whether Texas must allow mail-in voting for all, w/out an excuse, during COVID-19 pandemic. No dissent recorded, although Sotomayor urges court of appeals to consider issue “well in advance of the November election”
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#SCOTUS
announces it will decide whether people living in US illegally must be included in reapportionment of congressional seats. Justices fast-track Trump v. NY, setting it for oral argument on 11/30.
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#SCOTUS
Public Information Office just released letter from retired Justice Sandra Day O'Connor announcing that she "had been diagnosed with dementia," "probably Alzheimer's disease" and is "no longer able to participate in public life.'
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The lawsuit was filed by a deaf student, Miguel Luna Perez, against a Michigan school district that failed to provide him with a qualified sign-language interpreter for years.
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#SCOTUS
sends dispute over Indiana law requiring ultrasound 18 hours b/4 abortion back to lower court for reconsideration in light of decision in June Medical Services v. Russo
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#SCOTUS
will decide in 2 consolidated cases whether U.S. corporations can be sued under the Alien Tort Statute, an 18th-century law that allows foreigners to bring lawsuits in US courts for serious violations of intl human rts laws
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#SCOTUS
grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here:
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