Commentary: Supreme Court Overturns DOJ’s Use of Key January 6 Felony Court

January Six

In a devastating but well-deserved blow to the Department of Justice’s criminal prosecution of January 6 protesters, the U.S. Supreme Court today overturned the DOJ’s use of 18 USC 1512(c)(2), the most prevalent felony in J6 cases.

The statute, commonly referred to as “obstruction of an official proceeding,” has been applied in roughly 350 J6 cases; it also represents two of four counts in Special Counsel Jack Smith’s J6-related criminal indictment of Donald Trump in Washington.

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Supreme Court Slaps Down Challenge That Could Have Gutted Financial Regulatory Agency

United States Supreme Court

The Supreme Court rejected a challenge on Thursday that could have paved the way for a consumer protection regulator to be dismantled.

The court ruled by 7-2 vote that the unconventional way the Consumer Financial Protection Bureau (CFPB) receives funding is constitutional, dealing a blow to the business interests who brought the challenge.  Two trade associations for financial services firms had argued that it is illegal for the agency to be funded directly by the Federal Reserve instead of the congressional appropriations process.

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White House Pressure to Censor Social Media No Worse than Yelling at Journalists, SCOTUS Suggests

Federal officials privately scold reporters and attempt to shape or even stop their coverage on a regular basis, without getting sued for First Amendment violations.

How close is that to White House aides privately and repeatedly badgering their counterparts at social media companies and President Biden publicly accusing Facebook of “killing people,” for insufficient censorship of disfavored narratives on COVID-19?

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Several Pennsylvania Judge Candidates Ignore Lawsuit Abuse Questionnaire

A pro-tort-reform nonprofit published the results of its 2023 candidate survey this week, and several state-court hopefuls — including all Democratic contenders — did not respond. 

Carolyn Carluccio, a Republican Montgomery County Common Pleas judge running for state Supreme Court, returned the questionnaire to the Pennsylvania Coalition for Civil Justice Reform (PCCJR). Her party compatriots Maria Battista and Harry Smail Jr., respectively a Clarion County-based former prosecutor and a current Westmoreland County judge who are running for Superior Court, also answered the inquiry. 

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Virginia Restaurant Cancels Christian Group’s Reservation Due to Its Pro-Life and Traditional Marriage Views

A Virginia restaurant owner denied service to a Christian organization about 90 minutes prior to its private party because the group is pro-life and embraces one man-one woman marriage.

Victoria Cobb, president of the Family Foundation of Virginia, which holds pro-life and traditional marriage values, told The Daily Signal that, following her group’s participation in activities outside the Supreme Court Monday morning, while the justices heard oral arguments in a case to decide if a public accommodation law compelling a creative person’s speech or silence violates the First Amendment, she was informed the Metzger Bar and Butchery was “unwilling to serve” the organization.

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Crist Calls for Kavanaugh, Gorsuch to Be Impeached over Abortion Ruling

Democratic Congressman Charlie Crist, the former Republican governor of Florida who’s running as a Democrat hoping to defeat incumbent Gov. Ron DeSantis in November, said Friday that Justices Neil Gorsuch and Brett Kavanaugh should be impeached if they lied under oath during their Senate confirmation hearings.

Crist’s call comes after Gorsuch and Kavanaugh joined in a majority U.S. Supreme Court ruling to overturn two landmark abortion cases – Roe v. Wade and Planned Parenthood v. Casey. The decision returns decisions on the legality of abortion back to the states.

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Prosecutors Could Pursue Charges Against the SCOTUS Leaker, According to Legal Expert

The government’s best shot at prosecuting the individual who leaked the Supreme Court’s draft opinion in Dobbs v. Jackson Women’s Health Organization may involve having potential suspects testify to their innocence in signed statements, a legal expert told the Daily Caller News Foundation.

Politico published a leaked draft opinion Monday revealing the Court would likely overturn Roe v. Wade, leading to speculation about whether the leaker’s actions were illegal. However, many of the potential charges that could be levied against the leaker aren’t a perfect fit for the unprecedented incident, Zack Smith, a legal fellow for the Meese Center for Legal and Judicial Studies, told the DCNF.

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Far-Left Group Doxxes Six Supreme Court Justices

A group of far-left extremists published a list of addresses that they claimed belong to the six conservative Supreme Court justices, declaring their plans to target the homes and terrorize the justices over their apparent decision to overturn Roe v. Wade.

The Daily Caller reports that the group, “Ruth Sent Us,” published alleged home addresses for Chief Justice John Roberts, as well as Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The move came after the Monday leak of a draft opinion written by Alito that appears to completely overturn Roe, as well as the 1992 ruling in Planned Parenthood v. Casey, which would eliminate the nationwide legalization of abortion and return the matter back to the individual states to decide.

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Supreme Court Rules Against Navy SEALs, Allows DOD to Restrict Deployment Based on Vax Status

The Supreme Court on Friday blocked a lower court’s ruling that prevented the Navy from making deployment decisions for Navy SEALs based on their COVID-19 vaccination status.

The ruling clears the way for the Navy to keep SEALs from deployment if they aren’t vaccinated. The SEALs had sued challenging the Navy’s COVID-19 policies after being denied religious exemptions.

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Supreme Court’s Conservative Justices Seem Skeptical of Biden Admin’s Workplace COVID Vaccine Rules

The Supreme Court on Friday hearing oral arguments on two major Biden administration efforts to increase the country’s vaccination rate against COVID-19 — starting with the mandate requiring large-scale employers to require workers to be vaccinated or tested.

In the first case, the National Federation of Independent Business, et al., Applicants v. Department of Labor, Occupational Safety and Health Administration, et al.

OSHA is more specifically requiring businesses with 100 or more workers either require them to be vaccinated or et tested weekly and wear masks while working, with exceptions for those who work outdoors.

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Justices Thomas, Alito, and Gorsuch Blast Supreme Court’s ‘Inexplicable’ Refusal to Hear Pennsylvania Election Lawsuit

by Debra Heine   The Supreme Court on Monday struck down a Republican challenge over absentee ballots received up to three days after Election Day in Pennsylvania. Republicans in the Keystone State had sought to block a state court ruling that allowed the Nov. 6  deadline extension in the 2020 election. The decision prompted dissents from three conservative justices; Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch. The trio argued that while the legal questions in the case may not have affected the outcome of the November election, the Supreme Court should take the opportunity to clarify election law because the same legal issues could impact future elections. Throughout his dissent, Thomas characterized the Court’s refusal to take cases challenging the election as “inexplicable,” “befuddling,” and “baffling.” “These cases provide us with an ideal opportunity to address just what authority non-legislative officials have to set election rules, and to do so well before the next election cycle. The refusal to do so is inexplicable,” Thomas wrote. “The Constitution gives to each state legislature authority to determine the ‘Manner’ of federal elections,” Thomas argued. “Yet both before and after the 2020 election, non-legislative officials in various States took it upon themselves to set…

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Early Ohio Endorsements for Donald J. Trump for President in 2020

  Just ahead of President Trump’s official campaign kickoff Tuesday, the conservative group Ohio Value Voters (OVV) announced their full-throated endorsement of the unconventional incumbent.   “President Trump’s social conservative agenda has galvanized the support of faith-based and conservative Ohioans,” OVV President John Stover said in a statement; adding that the reasons for the early endorsement was based on a list accomplishments that support the conservatives’ agenda including: 2 Constitutional Supreme Court Justices: Neil Gorsuch and Brett Kavanaugh 188 nominees to the federal court who support the rights of the unborn and the first amendment moving the US Embassy to Jerusalem defending the unborn reinstating and expanding the “Mexico City Policy” which prohibits US foreign aid to be used for abortion overturning the Obama regulation that prohibited States from defunding abortion service providers signing the bill to allow States to restrict funds to Planned Parenthood eliminating the US Department of Education’s transgender policy, which allowed students to play on sports teams and use the locker rooms and bathrooms of the sex they chose rather than the sex they were born President Trump is set to announce the official start of his 2020 campaign at an evening rally in Orlando, Florida Tuesday –…

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Kavanaugh Warns Of ‘Pure Discrimination’ as Supreme Court Denies Church Bid for Historic Preservation Grant

by Kevin Daley   The Supreme Court refused Monday to decide whether religious institutions may be disqualified from public historic preservation funding, after a New Jersey court forbade local officials from dispersing $4 million to 12 churches. Justice Brett Kavanaugh wrote a separate opinion addressing the dispute, calling the lower court’s decision “pure discrimination.” “Barring religious organizations because they are religious from a general historic preservation grants program is pure discrimination against religion,” Kavanaugh wrote. “At some point, this Court will need to decide whether governments that distribute historic preservation funds may deny funds to religious organizations simply because the organizations are religious.” Justices Samuel Alito and Neil Gorsuch joined the Kavanaugh opinion. Morris County, New Jersey awards grants for the maintenance of historically significant structures. Several churches dating back to the colonial period have received public support through that program since 2012. The case at issue Monday arose in April 2016, when the Freedom From Religion Foundation (FFRF) and a local taxpayer brought a lawsuit claiming the Morris County program violates New Jersey’s constitution. The state constitution provides that no person shall be “obliged to pay tithes, taxes, or other rates for building or repairing any church or churches.” The New Jersey…

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Commentary: Democrat Excess Leads to New and Improved Trump in 2019

Donald Trump

by Jeffrey A. Rendall   Predictions. It’s what New Year’s is all about. It goes without saying that 2018 was full of surprises. Heading into this year Republican majorities in both houses of Congress had just passed a massive reorganization of the federal tax code, including a sizeable tax cut for most Americans in the bill language. By January 1, Democrats were already griping about reduced rates for corporations and businesses, claiming, as they always do, that the benefits of the new law would rain down disproportionately on the wealthiest and most powerful taxpayers. Never mind that many, many companies had already announced sizeable end-of-the-year bonuses and raises for employees based on the improved future tax outlook. Nonetheless, Democrats were convinced the popularity of the new law would not improve (especially if they demagogued the matter) over the course of time. Democrats believed they could parlay President Donald Trump’s lukewarm favorability numbers into a “wave” in November. After all, they’d just been eminently successful in stealing a senate seat in deep red Alabama (with a huge assist from the Washington GOP establishment), so the sky was the limit, right? Last month’s election came and went, Democrats gained 40 seats in…

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Brett Kavanaugh Keeping a Low Profile in His First Months as a Justice

by Kevin Daley   Justice Brett Kavanaugh seems to be keeping a low profile in his first months on the U.S. Supreme Court after his bitter confirmation inflamed much of the public and recast the 2018 elections. The new justice’s approach to his first months on the high court is in marked contrast to President Donald Trump’s other appointee, Justice Neil Gorsuch. The justices have done their best to project normalcy since Kavanaugh’s confirmation. The panel was especially lighthearted during his first day on the bench, as when Justice Sonia Sotomayor turned and pinched Gorsuch while posing a hypothetical about the term “violent felony” within the meaning of a federal sentencing law. Gorsuch reacted with good-natured surprise, eliciting laughter from the courtroom audience. Kavanaugh himself has been an understated presence at oral arguments, clearly engaged but deferential to his colleagues. As a general matter, he has waited for the other justices to ask their questions before posing his own, and his inquiries have been largely confined to technical matters. He did, however, appear to break type in a Nov. 6 death penalty case, signaling concern that Missouri’s death penalty protocol could inflict “gruesome and brutal pain” on an elderly convict. Kavanaugh was…

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Justice Neil Gorsuch Sworn In

Tennessee Star

  A little more than a year after the sudden death of beloved Justice Anotin Scalia, President Donald Trump introduced Judge Neil Gorsuch to take the Oath of office to be the next Associate Justice on the Supreme Court Monday. Following a private swearing to the Oath of Office all federal officials must take by Chief Justice John Roberts, Justice Anthony Kennedy officiated a public swearing to the Oath of Office of Supreme Court Justices, making Gorsuch the 113th Justice to sit on the court. Right Side Broadcasting covered the event, held outdoors in the White House Rose Garden: The Oath of the Supreme Court Justice is: I, Neil M. Gorsuch, do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Associate Justice of the Supreme Court of the United States under the Constitution and laws of the United States. So help me God. Justice Gorsuch’s elevation to the Supreme Court restores the full bench of nine jurists. Reuters reported: Donald Trump reveled in the biggest political victory of his presidency at a…

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Commentary: Chuck Schumer Lied and the Filibuster for Supreme Court Nominees Died

SCOTUS

  by Jeffrey A. Rendall One could almost sense an audible rumbling sound as the roll was called in the Senate at about half past noon (EDT) on Thursday, with the fate of the filibuster for Supreme Court nominees precariously hanging in the balance. When the votes were tallied the infamous “nuclear option” had been triggered; but those expecting a rhetorical mushroom cloud or a lot of fireworks were sorely disappointed. In fact, the moment passed without any kind of Chuck Schumerfanfare or special notation whatsoever. If one didn’t know better you’d think nothing consequential had just happened. Many pundits have suggested through the years that there isn’t much that would unify all Republicans – especially those in the Senate — but as America watched the senators vote on the nomination of Judge Neil Gorsuch for the Supreme Court, it was evident there is at least one issue that brings the GOP together. First every single Republican voted to end debate on Gorsuch. Then when the Democrats filibustered every Republican voted for the “nuclear option” to bury the practice for future Supreme Court nominees. From here on out it’s a straight up or down vote for Court appointments. Yesterday was…

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BREAKING: Senate Confirms Judge Neil Gorsuch to Supreme Court

Tennessee Star

  Senate Majority Leader Mitch McConnell fulfilled his promise to President Trump and the American people this morning, by successfully ending the partisan Democrats’ filibuster and leading the Senate confirmation of Judge Neil Gorsuch to the Supreme Court. CNN reports: The vote was 54-45, mostly along party lines. Only three Democrats: Sens. Joe Manchin, Heidi Heitkamp and Joe Donnelly, sided with the GOP majority. Vice President Mike Pence presided over the vote, but was not needed to break a tie. The court has been operating with eight justices since the sudden death in February 2016 of Justice Antonin Scalia and a protracted fight over President Barack Obama’s nominee, Judge Merrick Garland. The confirmation does not alter the so-called “balance of the Court,” however, the precedent-setting move to require only a simple majority vote – first made by then-Senate Majority Leader Harry Reid – could return the highest court in the land sharply toward the Constitution, should Justice Ginsberg or Justice Breyer retire. Watch the video: Reaction to the restoration of a full Court has been overwhelmingly positive. Hannah Smith, Senior Counsel with Becket and a former law clerk to Supreme Court Justices Clarence Thomas and Samuel Alito said: Congratulations to Judge Gorsuch and his…

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