Justice Alito Has No Plans to Retire: Report

Supreme Court Justice Samuel Alito

Supreme Court Justice Samuel Alito does not intend to retire in light of President-elect Donald Trump’s election victory, according to the Wall Street Journal.

Trump’s election sparked speculation Alito and Thomas, 74 and 76 years old, respectively, would retire to enable Trump to appoint younger conservative justices to the bench. However, people close to the justice told the WSJ this is not a factor in Alito’s plans.

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Commentary: The Great Electoral Landside of 2024 and Its Consequences for Democrats

Donald Trump, 2024 vote results map by county

While there are a few close states not officially yet called, Trump is on his way to what we called several weeks ago, something close to a 312 – 226 Electoral College vote victory. He’s swept all seven swing states. He made New Hampshire and Virginia competitive, expanding his electoral map and forcing Democrats to spend resources in the race’s waning days. Best of all, he won a resounding popular vote victory, the final numbers of which will come in the days to come.

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Commentary: The Left Wants to Delegitimize the Supreme Court

Supreme Court

The Biden-Harris administration has made undermining trust in institutions a central tactic. While they claim to fight authoritarianism, their real battle is against the checks and balances that limit their power. For them, separation of powers, Article III, and the First Amendment are affronts to their quest for centralized authority.

Leaks, once a tool for exposing corruption, are now wielded as political weapons — not to uncover wrongdoing but to sow chaos and erode public confidence in the courts. This is not about transparency; it’s about controlling the narrative.

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New EPA Rules Will Cause Widespread Blackouts, Electric Grid Operators Warn in SCOTUS Brief

Organizations that manage, coordinate and monitor electricity service for 156 million Americans across 30 states are warning that the Biden-Harris administration’s power plant rule will be catastrophic for the nation’s grid. Four regional trade organizations (RTO), as they’re called, recently filed an amicus brief, also known as a friend of the court brief, in support of a multi-state lawsuit against the EPA over the rule.

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Group That Pushed SCOTUS to End Affirmative Action ‘Gravely Concerned’ Elite Colleges Aren’t Complying with Ruling

Supreme Court

The Students for Fair Admissions (SFFA) sent letters Tuesday to Yale, Princeton and Duke questioning the universities’ compliance with the Supreme Court’s ruling on affirmative action and threatening litigation.

The letters said SFFA is “gravely concerned that these schools are not complying” with the June 2023 landmark Supreme Court case, Students for Fair Admissions v. Harvard, in which the Court ruled race-based admission practices to be unconstitutional. Suspicions were raised by many over the admissions policies of the elite universities after the student demographics for the class of 2028 revealed little change compared to the previous year when the schools followed affirmative action policies.

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TikTok May Be Held Liable for Girl’s Death, Upending Three Decades of Tech Immunity

Montana TikTok Ruling

The Twenty-Six Words That Created the Internet” may not be as powerful as believed by the bipartisan chorus demanding reform of Section 230 of the Communications Decency Act.

TikTok’s biggest immediate problem now may be its own users, their parents, and state attorneys general, rather than the state and federal lawmakers seeking to ban the Chinese-owned company and force ByteDance to sell it to an American entity, following a 3rd U.S. Circuit Court of Appeals ruling Aug. 27 that denies TikTok legal immunity for an algorithm choice.

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Biden Proposes Sweeping Changes to the Supreme Court, Constitutional Amendment

Joe Biden

An op-ed under President Joe Biden’s byline in the Washington Post on Monday outlined his proposal to make major changes to the U.S. Supreme Court, calling for a Constitutional amendment to “ensure no president is above the law.”

“[T]he Supreme Courts decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do,” Biden wrote. “The only limits will be those that are self-imposed by the person occupying the Oval Office.”

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Alaska Natives File Lawsuit Challenging Federal Overreach in Wake of SCOTUS ‘Chevron’ Ruling

Oil Drilling

Alaska Natives are fighting back against the Biden administration’s decision to shut down oil and gas development in northern Alaska, which they say is vital to the prosperity and well being of their communities. 

The Voice of the Arctic Iñupiat (VOICE), a nonprofit advocacy group for Native-American communities living on the state’s North Slope, filed a lawsuit Monday against the Bureau of Land Management (BLM) and Interior Secretary Deb Haaland over the final BLM’s final rule blocking 13 million acres in their region to oil and gas development.

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Trump Moves to Reverse Verdict in New York Case After Historic Supreme Court Ruling

Former President Donald Trump’s lawyers moved quickly Monday night to take advantage of the Supreme Court ruling that he enjoyed immunity from criminal prosecution for official acts, sending a letter notifying the judge in his New York hush money case that they intend to ask to set aside the verdict reached by a jury last month, according to multiple sources.

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Commentary: SCOTUS Rulings, Biden-Trump Debate Shake Up Political Landscape

Jil and Joe Biden post-debate rally

What a week it’s been! We started off with Justice Amy Souter Barrett writing the SCOTUS ruling in Murthy v. Missouri.  At issue was whether it was okay for the federal government (the FBI and related elements of the American Stasi) to pressure social media and data-hoovering companies (Facebook, Twitter, Google, etc.) to suppress opinions they didn’t like about things like COVID, the 2020 election, and the Jan 6 jamboree at the Capitol.

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Mean Speech Not Protected at Public Universities, Appeals Courts Rule

Stephen Porter

Faculty at public universities in nine states may have fewer speech protections than they assume following federal appeals court rulings against professors on the political right and left who were punished for perceived lack of collegiality – strong words short of harassment.

But a private university has egg on its face after taking seven months to allegedly clear a professor of wrongdoing for telling anti-Israel campus protesters they are “ignorant” and “Hamas are murderers,” despite having immediate access to both viral video and its own surveillance.

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Michael Patrick Leahy on SCOTUS Decision to Take Up Case Challenging Tennessee Law Banning Transgender Surgery for Minors: ‘Transgender Youth is a Creation of the Left’

Michael Patrick Leahy

Michael Patrick Leahy, Editor-in-Chief and CEO of The Tennessee Star, reacted to Monday’s announcement by the U.S. Supreme Court that it would hear arguments and rule on whether a Tennessee law that bans “gender-affirming care” on minors violates the Constitution.

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Trump, Censorship and Abortion: The Final Big Rulings SCOTUS Is Expected to Release This Week

Supreme Court of the United States

The Supreme Court is expected to release all of its remaining decisions by the end of the week.

Opinions coming down the line include decisions on former President Donald Trump’s presidential immunity appeal, an abortion case from Idaho and a consequential challenge to the Biden administration’s censorship efforts. The next opinion day is scheduled for Wednesday.

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Crom Carmichael: The Left is Attempting to Turn the Supreme Court into a ‘Rubber Stamp’ for Its Agenda

Supreme Court Protest

Crom Carmichael and Michael Patrick Leahy, editor-in-chief and CEO of The Tennessee Star, said lawmakers and entities on the Left are attempting to discredit the U.S. Supreme Court as the nation’s highest court hands down decisions in cases that the Left strongly disagrees with.

“There’s a lot of effort now by the left to try to discredit certain Supreme Court justices individually and then to also discredit the Supreme Court as an institution. The left will elevate the Supreme Court institutionally back when the Supreme Court rubber stamps what the left wants. Right now, they’re not getting what they want so now they are attacking individual Supreme Court justices for tiny things,” Carmichael explained on Wednesday’s edition of The Michael Patrick Leahy Show.

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Arizona Republican Party Joins Two Other State GOPs Filing an Amicus Curiae Brief in Kari Lake’s and Mark Finchem’s Voting Machine Tabulator Lawsuit

Attorney William Olson

The Arizona Republican Party (AZGOP) submitted a joint Amicus Curiae brief on Thursday with the Georgia Republican Party and the Republican State Committee of Delaware supporting Kari Lake’s and Mark Finchem’s Petition for Certiorari with the U.S. Supreme Court. The pair are appealing the lower courts’ decisions against their lawsuit challenging the use of electronic voting machine tabulators in elections. Under the new leadership of AZGOP Chair Gina Swoboda, who has a lengthy history in election integrity work including heading the Voter Reference Foundation, the AZGOP is heavily focused on election integrity. 

Authored by attorney William J. Olson, the brief argues that the Ninth Circuit Court of Appeals erred by dismissing the case claiming Lake and Finchem lacked standing. The court affirmed the trial court’s granting of the defendants’ motion to dismiss, asserting that the pair lacked standing because “speculative allegations that voting machines may be hackable are insufficient to establish an injury in fact under Article III.” The complaint emphasized that the lower courts “conflated standing with merits, twisting the standing rules to require much more — that the complaint prove facts sufficient to grant relief.” 

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Former Assistant Attorney General Jeff Clark Explains How SCOTUS Colorado Ruling Will Protect Potential Trump Administration

Trump President

Jeff Clark, former acting assistant attorney general during the Trump administration, said the Supreme Court’s ruling in Trump v. Anderson, which restores former President Donald Trump’s name on the Colorado ballot, will also protect a future Trump administration from a “whole bunch of Section 3 litigation in 2025.”

Clark said in addition to the unanimous 9-0 decision in the case, five of the Supreme Court justices went on to “decide another set of issues” in regards to states’ enforcement of Section 3 of the 14th Amendment to regulate federal candidates.

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Julie Kelly Commentary: Lower Courts Dare SCOTUS to Act with Lawless Rulings, But Will They?

Throughout 2020, both Republicans and Democrats warned that the U.S. Supreme Court would ultimately determine the winner of the presidential election — albeit for different reasons.

Democrats feared a conservative majority would uphold what they called “voter suppression” laws to tighten voting requirements that might benefit President Trump. Republicans worried how the court would handle cases related to lax absentee voting measures enacted as a result of the coronavirus pandemic that gave Joe Biden a big advantage.

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Minnesota Woman Denied Unemployment After Refusing Vaccine Asks SCOTUS to Review Case

Tine Goede

A Minnesota woman who was fired for refusing to take the COVID-19 vaccine and then denied unemployment benefits has asked the U.S. Supreme Court to hear her case, arguing that her First Amendment rights were violated.

“Religious belief is intimate and differs substantially among Americans. The promise of religious liberty in the First Amendment is that such differences may persist without punishment from the state. That promise is being broken in Minnesota,” James Dickey, senior counsel for the Upper Midwest Law Center, said in a petition filed with the court Monday.

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Commentary: Is SCOTUS Poised to Overturn Key J6 Felony Count?

An order published by the Supreme Court on December 13 represented a moment hundreds of January 6 defendants and their loved ones had been waiting for: the highest court granted a writ of certiorari petition in the case of Fischer v. USA.

In a nutshell, after more than two years of litigation before federal judges in Washington, SCOTUS will review the Department of Justice’s use of 1512(c)(2), obstruction of an official proceeding, in January 6 cases. A “splintered” 2-1 appellate court ruling issued in April just barely endorsed the DOJ’s unprecedented interpretation of the statute, passed in 2002 as part of the Sarbanes-Oxley Act in the aftermath of the Enron/Arthur Anderson accounting scandal.

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Ohio U.S. Senator JD Vance Introduces Bill to Ensure Universities Comply with the Supreme Court’s Affirmative Action Ruling

U.S. Senator JD Vance (R-OH)  introduced a bill to ensure colleges and universities comply with the U.S. Supreme Court’s ruling on affirmative action in Students for Fair Admissions v. Harvard.

In June, SCOTUS determined that affirmative action violates the 14th Amendment’s Equal Protection Clause, overruling a 2003 opinion that race could be a determining factor in the college admissions process.

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Liberal ‘Dark Money’ Groups Gave Millions to SCOTUS Watchdogs Targeting Alito, Thomas, Docs Show

Nonprofit organizations managed by the liberal “dark money” consulting firm Arabella Advisors gave millions of dollars to “nonpartisan” Supreme Court watchdogs, new documents show, after a campaign was launched earlier this year targeting conservative Supreme Court Justices Clarence Thomas and Samuel Alito for not fully disclosing their finances.

Former Clinton appointee Eric Kessler founded Arabella Advisors in 2005, and its subsidiaries include the Sixteen Thirty Fund, the Hopewell Fund, the New Venture Fund, the Windward Fund and the North Fund. 

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Montana AG Asks SCOTUS to Take Up Case Challenging State Agency That Encouraged Social Media Censorship

Montana Attorney General Austin Knudsen asked the Supreme Court Friday to hear a case that challenges a state agency’s efforts to police election-related “misinformation” on Twitter.

A group of nine attorneys general led by Knudsen filed an amicus brief Friday urging the Supreme Court to hear O’Handley v. Weber, a lawsuit challenging the California Secretary of State’s Office of Election Cybersecurity’s practice of flagging “false or misleading” election information for removal by Twitter. The states call the agency’s actions an “anathema” to the First Amendment and argue they reflect similar conduct occurring at the federal level.

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Supreme Court Will Take on Red Flag Law

The Supreme Court will hear a case this coming term challenging a federal “Red Flag” law that prohibits individuals subject to domestic violence restraining orders from possessing firearms, which is expected to shape the future of Second Amendment law.

Zackey Rahimi, the individual at the center of the case, was involved in five shootings between December 2020 and January 2021, in one instance firing shots into the air after his friend’s credit card was declined at a Whataburger, according to court documents. When police obtained a warrant to search his home, they found him in possession of a firearm, a violation of a civil protective order entered against him in February 2020 for allegedly assaulting his ex-girlfriend.

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Censorship Case Involving State Collusion with Social Media Companies Could Be Heard by the Supreme Court

Censorship

The Supreme Court could hear a case questioning a California agency’s coordination with Twitter to censor election-related “misinformation.”

O’Handley v. Weber, which concerns the California Secretary of State’s Office of Election Cybersecurity’s work with Twitter to monitor “false or misleading” election information, was appealed to the Supreme Court on June 8. The case raises questions similar to those posed in the free speech lawsuit Missouri v. Biden, now being appealed in the Fifth Circuit: Can the government lawfully induce private actors to censor protected speech?

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Catholic Counselor Asks SCOTUS to Reverse Decision Allowing States to Limit Speech Outside Abortion Clinics

A Catholic sidewalk counselor petitioned the Supreme Court Friday to reverse a prior ruling that permits states to enforce laws targeting pro-life counseling outside abortion clinics.

In response to the Supreme Court overturning Roe v. Wade in June 2020, Westchester County, New York passed a law creating a 100-foot “buffer zone” outside abortion clinics where it is illegal to approach another person to engage in “oral protest, education, or counseling” without consent. The law is similar to one the Supreme Court upheld in its 2000 Hill v. Colorado decision, which sidewalk counselor Debra Vitagliano, backed by Becket Law, now asks the justices to overrule.

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University of Minnesota Axes Legacy Admissions After SCOTUS Block of Affirmative Action

The University of Minnesota is ditching legacy admissions, a mechanism by which children of alumni get preferential treatment within the admissions process, following a Supreme Court ruling that blocked the use of race-based affirmative action policies, a university spokesperson told the Daily Caller News Foundation.

The Supreme Court ruled in June that Harvard University and the University of North Carolina’s affirmative action admissions policies were unconstitutional. In light of the ruling, the University of Minnesota decided it will no longer consider race, ethnicity, legacy or employment in its admissions process, a university spokesperson told the DCNF.

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Ohio College Employees Could Be Held ‘Personally Liable’ for Violating Affirmative Action Ban: Attorney General

Ohio higher education employees “will face personal risk” if they violate the Supreme Court ban on considering race during admissions, state Attorney General Dave Yost wrote in a recent letter.

His office won’t be able to protect public colleges and universities if they act counter to the ruling, Yost wrote, according to The Columbus Dispatch.

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Commentary: SCOTUS Affirmative Action Decision Ignores Elephant in the Room

U.S. Supreme Court

Growing up in the Jim Crow South, my parents grew up dreaming of a world where they didn’t have to use “colored-only” restrooms, sit in the back of the bus, attend segregated schools, and could sit in restaurants together with other Americans – regardless of their race, creed, or nationality.

They dreamed of equality for all. Yet, almost 70 years after the Supreme Court struck down “separate but equal,” the recent decision to strike down affirmative action makes it clear that many black progressives like Justice Ketanji Brown Jackson – who benefited from the Brown v. Board of Education decision – still view the issues of race and equality through rose-colored glasses.

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SCOTUS to Take Up Second Amendment Case Next Term

After issuing a string of conservative rulings this week to close out the term, the Supreme Court will hear a key Second Amendment case later this year to determine whether a federal ban on gun possession affecting those under domestic violence restraining orders is constitutional.

At issue is a dispute involving Zackey Rahimi, whom Texas placed under a restraining order due to a violent altercation with his girlfriend, The Hill reported. He subsequently faced federal charges of possessing a firearm while under the order. He had challenged the constitutionality of the ban but pleaded guilty after losing the case.

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