Supreme Court (US)

Subterms

    More stories

    • 113 Shares189 Views

      in Elections

      Stunned U.S.A.I.D. Workers Return to Clean Out Their Desks

      by

      Democrats said a review mandated by executive order was “not a serious effort or attempt at reform.”Workers for the U.S. Agency for International Development who had been fired or placed on leave returned to their offices on Thursday to retrieve personal belongings, many still dumbfounded by the Trump administration’s sudden dismantlement of the 63-year-old aid delivery agency.Hundreds of workers who just one month ago never imagined that they would soon lose their jobs en masse returned to the Ronald Reagan Building and International Trade Center in downtown Washington.They were given just 15 minutes each to clear out their old desks.The somber return came a day after the Trump administration revealed in court documents that it had completed a review of all U.S. foreign aid programs and was canceling nearly 10,000 contracts and grants, eliminating about 90 percent of U.S.A.I.D.’s work.The agency’s annual budget of about $40 billion pays for the distribution of food and medicine, as well as disaster relief, disease monitoring, development work, and pro-democracy and civil society programs. Its work has been heavily concentrated in poor and developing countries in Africa and Asia.Foreign aid makes up less than 1 percent of the federal budget.Supporters offered boxes and packing supplies to help fired U.S.A.I.D. workers clean out their desks on Thursday. Anna Rose Layden for The New York TimesIn a joint statement, Democrats on the Senate Foreign Relations Committee denounced the canceled funding, calling the foreign aid review — mandated by an executive order President Trump signed shortly after taking office last month — “not a serious effort or attempt at reform but rather a pretext to dismantle decades of U.S. investment that makes America safer, stronger and more prosperous.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 150 Shares99 Views

      in Elections

      Trump Seeks Prompt Supreme Court Review of His Power to Fire Officials

      by

      The Trump administration told the Supreme Court on Wednesday that developments in the first case arising from the president’s blitz of executive actions to reach the justices would require prompt action.The court ruled last week that President Trump could not, for now, remove a government lawyer who leads the watchdog agency that protects whistle-blowers. But the court’s order said that it would hold the government’s emergency application “in abeyance” and might soon return to the issue.The ruling noted that a trial judge’s temporary restraining order shielding the lawyer, Hampton Dellinger, was set to expire on Wednesday.Hampton Dellinger, the head of the Office of Special Counsel.U.S. Office of Special Counsel, via ReutersAfter a hearing on Wednesday, the judge, Amy Berman Jackson of the Federal District Court in Washington, extended her order until Saturday to provide time for her to write an opinion in the matter. In a letter to the justices, Sarah M. Harris, the acting solicitor general, wrote that developments since they last acted had underscored the need for a prompt resolution.Mr. Dellinger has been busy, she wrote. In his role as the head of the Office of Special Counsel, he filed challenges to the firings of six probationary employees before the Merit Systems Protection Board, which temporarily reinstated them on Tuesday.“In short, a fired special counsel is wielding executive power, over the elected executive’s objection, to halt employment decisions made by other executive agencies,” Mr. Harris wrote. The merit board, moreover, she wrote, “is being led by a chairman who has herself been fired by the president, only to be reinstated by a district court.”All of that means the justices must act soon, Ms. Harris wrote.“The government respectfully asks that this court at a minimum continue to hold the application in abeyance, if the court does not grant it now,” she wrote. “Once the district court issues its final decision, presumably on March 1, it may become necessary for the government to request further relief.” More

    • 100 Shares159 Views

      in Elections

      Trump Might Have a Case on Birthright Citizenship

      by

      On his first day in office, President Trump issued an executive order that purports to end birthright citizenship for certain children. It does so despite Section 1 of the 14th Amendment, which declares, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”The central question raised by Mr. Trump’s order is what it means to be “subject to the jurisdiction” of the United States. The answer most legal observers give is that it includes virtually anyone born on American soil, including those whom the order is meant to exclude, namely children born to parents in the country illegally or temporarily. Indeed, on Monday, the American Bar Association described the order as an attack on a “constitutionally protected” right. Federal judges in four states have enjoined the order, with one claiming that it “conflicts with the plain language of the 14th Amendment.”Not necessarily.The Supreme Court has held, in the 1898 case United States v. Wong Kim Ark, that children born here to permanent residents are citizens. But it has never squarely held that children born to those illegally present are citizens. When the court addresses that question — which it almost certainly must — it should consider the 14th Amendment’s original purpose and the common-law principle of “jus soli,” or birthright citizenship, which informed the original public meaning of the text. Both relate to the idea of social compact and contradict today’s general assumption that the common-law principle depends solely upon place of birth.The 14th Amendment’s RootsAt the time of its adoption, the publicly known purpose of the 14th Amendment was to extend the benefits of the social compact — including, specifically, the privileges and immunities of citizenship — to African Americans newly freed after the Civil War. (Due in large part to a series of egregious Supreme Court rulings gutting the original letter and spirit of the amendment, that promise of equal citizenship was largely denied for decades.)Abraham Lincoln’s administration, rejecting the reasoning of Dred Scott v. Sandford, had already acknowledged that free African Americans were citizens. As Edward Bates, Lincoln’s first attorney general, wrote in 1862, in an official opinion, “The Constitution uses the word ‘citizen’ only to express the political quality of the individual in his relations to the nation; to declare that he is a member of the body politic, and bound to it by the reciprocal obligation of allegiance on the one side and protection on the other.”The equal protection clause, also found in Section 1 of the amendment, provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” This clause was based on the same allegiance-for-protection theory enunciated by Bates.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 113 Shares189 Views

      in Elections

      U.S. Court Denies TikTok’s Request to Freeze Sale-or-Ban Law

      by

      TikTok had sought to temporarily freeze a law that requires its Chinese parent to sell the app or face a U.S. ban next month. The case may now head to the Supreme Court.A federal court on Friday denied TikTok’s request to temporarily freeze a law that requires its Chinese parent company to sell the app or face a ban in the United States as of Jan. 19, a decision that puts the fate of the app in the Supreme Court’s hands.The U.S. Court of Appeals for the District of Columbia Circuit said in a filing late on Friday that an injunction was “unwarranted,” and that it had expedited its decision so that TikTok and its users could seek an emergency freeze from the Supreme Court.A week ago, three judges in the same court unanimously denied petitions from the company and its users to overturn the law. TikTok then asked the court on Monday to temporarily block the law until the Supreme Court decided on TikTok’s planned appeal of that decision, and sought a decision by Dec. 16.The court said on Friday that TikTok and its users “have not identified any case in which a court, after rejecting a constitutional challenge to an Act of Congress, has enjoined the Act from going into effect while review is sought in the Supreme Court.”It isn’t clear whether the Supreme Court will agree to temporarily freeze the law and hear the case, though experts say that is likely.Michael Hughes, a spokesman for TikTok, said, “As we have previously stated, we plan on taking this case to the Supreme Court, which has an established historical record of protecting Americans’ right to free speech.” He said that American users’ voices would be “silenced” if the law were not stopped.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 125 Shares149 Views

      in Elections

      Supreme Court to Hear Catholic Charity’s Bid for Tax Exemption

      by

      The justices agreed to hear an appeal from a Wisconsin Supreme Court ruling that the charity’s activities were insufficiently religious to qualify.The Supreme Court agreed on Friday to decide whether Wisconsin was free to deny a tax exemption to a Catholic charity on the grounds that its activities were not primarily religious.The court has been notably receptive to arguments from religious groups, and the new case will give the justices another opportunity to explore the limits of the First Amendment’s protection of religious liberty.The case concerns a Wisconsin law that exempts religious groups from state unemployment taxes so long as they are “operated primarily for religious purposes.”Catholic Charities Bureau, the social ministry of the Catholic Diocese in Superior, Wis., has said its mission is to provide “services to the poor and disadvantaged as an expression of the social ministry of the Catholic Church.” State officials determined that the charity did not qualify for the exemption because it “provides essentially secular services and engages in activities that are not religious per se.”The Wisconsin Supreme Court said it accepted the charity’s contention that its services were “based on Gospel values and the principles of the Catholic social teachings.” But the court ruled that the group’s activities were “primarily charitable and secular” and did not “attempt to imbue program participants with the Catholic faith nor supply any religious materials to program participants or employees.”The court added that “both employment with the organizations and services offered by the organizations are open to all participants regardless of religion.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 113 Shares199 Views

      in Elections

      Here’s What Led to Tennessee’s Ban on Gender-Affirming Care

      by

      Vanderbilt University Medical Center’s announcement of a new transgender clinic in 2018 did little to draw attention to its practice. The four-paragraph news release amounted to a location, hours and the names of two senior staff members.The spotlight came four years later, when Matt Walsh, a conservative political commentator at The Daily Wire in Nashville, published a series of posts and videos about the clinic. Those posts said that a staff member there had privately characterized gender-affirming medication and surgery as “moneymakers,” and used caustic terms to describe the center’s treatments.The medical center, which is separate from Vanderbilt University, pushed back. In a statement at the time, the center said that the clinic’s mission was to serve a “high-risk population for mental and physical health issues” who “have been consistently underserved by the U.S. health system.”The medical center said that it had not provided care to children younger than 18 without the consent of a parent, and that it would not force any employee who disagreed with the care because of personal or religious beliefs to provide it.Conservatives called for an investigation into the clinic, and Republican leaders spoke at a rally Mr. Walsh organized in Nashville in October 2022 in opposition to gender-affirming care for children. When Tennessee legislators convened in January 2023, lawmakers designated a proposed ban on gender-affirming care as Senate Bill 1. The bill passed over objections from transgender people and most Democrats. More

    • 125 Shares179 Views

      in Elections

      Which States Have Passed Bans on Treatment for Transgender Minors?

      by

      The challenge to a Tennessee law before the Supreme Court this week traces its roots to the spring of 2021, when Arkansas became the first state to pass a law prohibiting gender-transition treatments for minors. Alabama followed in 2022. Tennessee’s was part of a coordinated deluge: Of 28 states where Republicans control the legislature, 24 now restrict doctors from providing puberty blockers, hormone therapies or surgery to transgender minors. Two more, New Hampshire and Arizona, ban only surgeries.Why the flood? In exploring the motivation behind Florida’s ban, one federal district judge, Robert Hinkle, concluded that some of the state’s lawmakers acted on “old-fashioned discriminatory animus.” But Republican lawmakers in many states have said that they are seeking to shield adolescents from a path that has become more common, with consequences they are too young to fully comprehend. Republican strategists, for their part, have said that elevating the issue was a winning strategy leading up to the 2024 election.United States v. Skrmetti, the challenge to Tennessee’s ban, is one of 18 filed over the last three years, with mixed results. The highest courts in two states, Texas and Nebraska, have upheld their restrictions. By contrast, two federal district judges — Judge Hinkle in Florida and Judge James M. Moody Jr. in Arkansas — struck down bans in those states. But their decisions are being appealed, and preliminary injunctions on enforcement of the bans in Alabama and Indiana, each issued by a federal district judge, were reversed by separate appeals courts. Eleven other cases are in various stages of litigation.How the Supreme Court rules on Skrmetti will almost surely affect how lower courts handle the challenges to similar statutes in states across the country. But the outcome may not be universal.“If Tennessee wins, the states will say ‘Skrmetti controls,’ and vice versa,” said Jim Campbell, chief counsel for the Alliance Defending Freedom, a conservative legal advocacy group that is helping to defend Idaho’s ban on transition treatments for minors. “And then the other side, the losing side, will say, ‘No, it’s actually different, and here’s why.’” More

    • 125 Shares199 Views

      in Elections

      End of Trump Cases Leaves Limits on Presidential Criminality Unclear

      by

      Donald J. Trump is set to regain office without clarity on the scope of presidential immunity and with a lingering cloud over whether outside special counsels can investigate high-level wrongdoing.The end of the two federal criminal cases against President-elect Donald J. Trump on Monday left momentous, unsettled questions about constraints on criminal wrongdoing by presidents, from the scope of presidential immunity to whether the Justice Department may continue to appoint outside special counsels to investigate high-level wrongdoing.Both cases against Mr. Trump — for his attempt to overturn the 2020 election and his later hoarding of classified government documents and obstruction of efforts to retrieve them — were short-circuited by the fact that he won the 2024 election before they could be definitively resolved.Jack Smith, the special counsel who brought both cases against Mr. Trump, asked courts on Monday to shut them down. The prosecutor cited the Justice Department’s longstanding view that the Constitution implicitly grants temporary immunity to sitting presidents, lest any prosecution distract them from their official duties.The result is not just that Mr. Trump appears set to escape any criminal accountability for his actions. (Mr. Smith left the door open to, in theory, refiling the charges after Mr. Trump leaves office, but the statute of limitations is likely to have run by then.) It also means that two open constitutional questions the cases have raised appear likely to go without definitive answers as Mr. Trump takes office.One is the extent of the protection from prosecution offered to former presidents by the Supreme Court’s ruling this summer establishing that they have a type of broad but not fully defined immunity for official acts taken while in office.The other is whether, when a president is suspected of committing crimes, the Justice Department can avoid conflicts of interest by bringing in an outside prosecutor to lead a semi-independent investigation into the matter.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More