Commentary: Murthy v. Missouri Goes Down as One of Supreme Court’s Worst Speech Decision

Supreme Court

Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against large-scale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history.

(I must confess a personal interest in all of this: My civil rights organization, the New Civil Liberties Alliance, represented individual plaintiffs in Murthy.)

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Alvin Bragg’s Team Agrees to Delay Sentencing in Trump Trial Following SCOTUS Immunity Ruling

Alvin Bragg

Prosecutors with Manhattan District Attorney Alvin Bragg’s office agreed on Tuesday to delay former President Donald Trump’s sentencing, The New York Times reported.

A Manhattan jury convicted Trump May 30 on 34 felony counts of falsification of business records. Bragg’s office agreed to a request to delay the sentencing in light of a recent Supreme Court ruling that found presidents have immunity from prosecution for “official acts” taken in office, but called the motion by Trump’s attorneys meritless, according to the NYT.

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Supreme Court Rules Trump has absolute immunity for some Official Acts, But Not Unofficial Ones

The Supreme Court ruled Thursday that former President Donald Trump is immune from federal prosecution for official acts he took while in office in split 6-3 ruling. However, the court ruled that there is no immunity for unofficial acts.

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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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DOJ Tries to Shut Down Case That Exposed Biden Admin Colluded on Medical Standards Used to Justify Child Sex Changes

Merrick Garland

The Department of Justice (DOJ) moved Monday to shut down a lawsuit that exposed the Biden administration’s collusion with a transgender medical organization to develop the very standards it is now using to defend child sex changes at the Supreme Court.

After the Supreme Court agreed to take up the Biden administration’s challenge to Tennessee’s ban on child sex changes, the DOJ asked a lower court to put another case challenging a similar Alabama ban on hold pending the high court’s decision. While the DOJ requested a halt on the Alabama case to “avoid the prospect of re-litigation of the claims” after the Supreme Court issues its ruling, the defendants argued the government likely has another motive: shielding information about the administration’s involvement in developing the standards it heavily relies on from the Supreme Court.

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Key House Chairman Intervenes in Bannon Case, Tells Supreme Court Democrat January 6 Contempt Was ‘Invalid’

The House subcommittee chairman investigating the Jan. 6 Capitol riot’s intelligence and security failures made an extraordinary intervention Wednesday at the Supreme Court, telling the justices he believes an earlier Democrat-led investigation into the tragedy was “factually and procedurally invalid” and therefore could not lawfully hold ex-Trump adviser Stephen Bannon in contempt.

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Commentary: Missouri Set to Sue New York for Election Interference as Trump’s July 11 Sentencing Date Looms

Missouri Attorney General Andrew Bailey

After almost a month following former President Donald Trump’s conviction by a New York City jury on May 30, Missouri Republican Attorney General Andrew Bailey announced on June 20 that his state is suing New York for its “direct attack on our democratic process through unconstitutional lawfare against President Trump”.

That’s good — better late than never — as Bailey stands as the first Republican Attorney General to actually announce such a lawsuit, with not much time before Trump’s scheduled sentencing on July 11, which could imprison to presumptive Republican presidential nominee.

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Supreme Court Rejects Challenge to Trump-Era Tax

United States Supreme Court

The Supreme Court rejected Thursday a challenge to a 2017 tax law passed by Congress.

The case, Moore v. United States, considers whether the 16th Amendment permits taxing unrealized gains. Kathleen and Charles Moore sued for a refund in 2019 after they were hit with a $14,729 tax bill for their investment in an overseas company, though they never received any payment in earnings from the company.

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Supreme Court Sides with Memphis Starbucks in Union Case

Starbucks

The U.S. Supreme Court sided with Starbucks on Thursday in the company’s challenge to a judicial order that would have required them to rehire seven Memphis employees that were fired while they participated in union efforts.

The “Memphis Seven” publicly released a letter addressed to the Starbucks CEO and agreed to sit down in a store with a TV news crew to discuss the union efforts.

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Frustrated by String of Conservative Wins, Democrats Go All Out to Delegitimize U.S. Supreme Court

Supreme Court justices with Attorney Brian Fletcher (composite image)

After several decades of conservative control of the Supreme Court and a string of rulings against their legislative and social priorities, Democrats and left-leaning media appear to be mounting an all-out assault against the judicial branch, casting doubt on its legitimacy and impartiality, while working to undercut the reputations and credibility of its more conservative justices.

Ostensibly conservative since the appointment of Chief Justice William Rehnquist in 1986, the court has generally not attracted comparable partisan scrutiny to the extent that it has under the Biden administration. The Roberts court, however, currently boasts three justices appointed by former President Donald Trump, who have solidified the court’s conservative character and handed conservatives decades-sought wins on abortion, gun rights, and affirmative action.

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Supreme Court Strikes Down Bump Stock Ban for Firearms in Major Win for Second Amendment Advocates

Supreme Court

The Supreme Court on Friday struck down a federal rule put in place during former President Donald Trump’s administration that prohibited bump stocks for guns, handing a major victory to Second Amendment advocates.

In a 6-3, ruling, the court ruled the devices added to semiautomatic weapons to make them fire faster does not convert weapons into prohibited machine guns.

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Supreme Court Tosses Doctors’ Challenge to Abortion Pill

Mifepristone boxes

The Supreme Court sided unanimously Thursday against several doctors and pro-life medical associations who brought a challenge to the abortion pill.

In FDA v. Alliance for Hippocratic Medicine, the Supreme Court held that the doctors do not have standing to challenge the U.S. Food and Drug Administration’s (FDA) decision to roll back safety regulations for the abortion pill. While recognizing the plaintiffs have “sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone,” Justice Brett Kavanaugh wrote in the majority rulings that those kind of objections are not enough to show the doctors would be injured by the FDA’s actions, noting the federal courts are “the wrong forum” for addressing their concerns.

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Hunter Biden Still Has Legal Troubles Ahead as House Republicans Call for More Accountability

Hunter Biden in courtroom (composite image)

Though Hunter Biden was found guilty Tuesday on federal gun charges – on crimes dating back to 2018 – the first son’s legal troubles are far from over, and House Republicans leading impeachment inquiry into his father, President Joe Biden, say this should be only the beginning of the accountability.

Hunter Biden’s attorney Abbe Lowell said in a statement following the conviction that his client’s legal team “will continue to vigorously pursue all the legal challenges available to Hunter.”

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DEI Programs Could Soon Face Supreme Court

The controversial business practice known as “diversity, equity, and inclusion” (DEI) could soon see its legal challenges take it all the way to the Supreme Court.

According to Axios, the case that could spark Supreme Court action was filed by the same group that successfully saw the practice of affirmative action overturned by the court last year. The current case saw an appeals court ultimately rule that a venture capital firm had to shut down its grant program that was exclusively for black women.

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Commentary: Stanford, Silicon Valley, and the Rise of the Censorship Industrial Complex

This summer the Supreme Court will rule on a case involving what a district court called perhaps “the most massive attack against free speech” ever inflicted on the American people. In Murthy v. Missouri, plaintiffs ranging from the attorneys general of Missouri and Louisiana to epidemiologists from Harvard and Stanford allege that the federal government violated the First Amendment by working with outside groups and social media platforms to surveil, flag, and quash dissenting speech – characterizing it as mis-, dis- and mal-information – on issues ranging from COVID-19 to election integrity.

The case has helped shine a light on a sprawling network of government agencies and connected NGOs that critics describe as a censorship industrial complex. That the U.S. government might aggressively clamp down on protected speech, and, certainly at the scale of millions of social media posts, may constitute a recent development. Reporting by RCI and other outlets – including Racket News’ new “Censorship Files” series, and continuing installments of the “Twitter Files” series to which it, Public, and others have contributed – and congressional probes continue to reveal the substantial breadth and depth of contemporary efforts to quell speech that authorities deem dangerous. But the roots of what some have dubbed the censorship industrial complex stretch back decades, born of an alliance between government, business, and academia that Democrat Sen. William Fulbright termed the “military-industrial-academic-complex” – building on President Eisenhower’s formulation – in a 1967 speech.

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Supreme Court Unanimously Sides with NRA in First Amendment Case Against New York Official

Supreme Court Justice Sonia Sotomayor

The Supreme Court unanimously held Thursday that the National Rifle Association (NRA) “plausibly alleged” that a New York official violated its First Amendment rights, finding that government officials cannot “use the power of the State to punish or suppress disfavored expression.”

The justices allowed the NRA to pursue its First Amendment claim against former superintendent of the New York Department of Financial Services (DFS) Maria Vullo, vacating a lower court ruling that found the NRA failed to show Vullo “crossed the line between attempts to convince and attempts to coerce.” They held that the gun rights group has a plausible case that Vullo “violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress gun-promotion advocacy.”

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Biden and Red States Are on Immigration Collision Course Heading for Supreme Court

President Joe Biden in front of the Supreme Court building (composite image)

The Biden administration is currently waging a legal campaign against Republican-led states, arguing their laws that effectively restrict illegal immigration are unconstitutional.

The Department of Justice has so far filed lawsuits against three different states for enacting laws that largely empower police to enforce immigration rules. However, these state leaders, in the backdrop of an unprecedented border crisis, say they have no choice but to take up the issue themselves because the Biden administration won’t — and other Republican states may soon follow suit.

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Supreme Court Rules South Carolina Did Not Racially Gerrymander Congressional District Map

The Supreme Court ruled 6-3 Thursday that a lower court “clearly erred” when it held that South Carolina racially gerrymandered its congressional district map.

The majority held that the “circumstantial evidence falls far short of showing that race, not partisan preferences, drove the districting process” behind the creation of the map.

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Report: Medical Schools Secretly Defying Supreme Court’s Ruling on Affirmative Action

Medical Students

A coalition of medical professionals revealed the methods by which medical schools across the country are circumventing the Supreme Court’s ruling outlawing the practice of affirmative action, and employing such race-based policies anyway.

According to Fox News, the group Do No Harm released new research this week revealing that “many in the healthcare establishment nevertheless remain ideologically committed to the principle of racial favoritism and reject the virtue of race blindness.” This comes despite the Supreme Court’s landmark decision last year in the case Students for Fair Admissions v. Harvard, which determined that affirmative action, the practice of admitting students or hiring staff based solely on their race, was unconstitutional.

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Trump Finds Success in Court with Three of Four Cases Facing Significant Delays

Donald Trump

At one time, unfavorable outcomes in the four court cases against former President Donald Trump seemed likely to be politically damaging for the three-time campaigner, but as the cases have faced scrutiny and delays, public opinion has recently shifted.

Yesterday, the Georgia Appeals Court agreed to hear an appeal in the state election case brought by controversial Fulton County District Attorney Fani Willis. Earlier this week, a Florida judge indefinitely suspended the federal trial in the classified documents case.

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SCOTUS Shocked by Biden Administration’s View of Federal Power over States in ER Abortion Challenge

Solicitor General Elizabeth Prelogar

To convince the Supreme Court that the Biden administration could use federal Medicare funding to force hospitals to perform abortions in violation of Idaho law, Solicitor General Elizabeth Prelogar conceived and gave birth to some unusual arguments Wednesday.

She reached for a 129-year-old precedent that crippled the labor movement for decades, neutered legal obligations to the “unborn child” in the federal law that allegedly requires abortions in certain situations, and didn’t deny a Republican administration could use her rationale to functionally ban abortion and even transgender care nationwide.

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Commentary: DOJ and Judge Chutkan, Not Trump, to Blame for ‘Delay’ in J6 Case

U.S. District Court Judge Tanya Chutkan

The Supreme Court will hear history-making arguments on Thursday in the case of Donald J. Trump v United States. For the first time, the highest court in the land will publicly debate the untested and unsettled question as to whether a former president is immune from criminal prosecution for his conduct in office. And despite claims by Democrats, the news media, and self-proclaimed “legal experts” to the contrary, the matter is far from clear-cut.

The case arises from Special Counsel Jack Smith’s four-count indictment against Trump related to the events of January 6 and alleged attempts to “overturn” the 2020 election. Smith’s flimsy indictment—two of four counts are currently under review by SCOTUS and the other two fall under similarly vague “conspiracy” laws—-and an unprecedented ruling issued last year by U.S. District Court Judge Tanya Chutkan will be put to the test by the justices.

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Julie Kelly Commentary: The Supreme Court Can Right an Egregious Wrong in Jan 6 Cases, But Will It?

In July 2023, Joshua Youngerman was arrested in California on five misdemeanors for his participation in the events of January 6. According to charging documents, Youngerman entered the Capitol at 2:37 p.m. — 20 minutes after the House went into recess amid the escalating chaos — through an open door as Capitol…

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Newly Appointed 4th Circuit Judge Married to Pro-Abortion Christine Ford Lawyer

Nicole Berner

Recently appointed 4th Circuit Judge Nicole Berner is legally married to the pro-abortion lawyer who represented Christine Blasey Ford, the woman who accused Supreme Court Justice Brett Kavanaugh of sexually assaulting her.

The Washington Post describes Berner as “the first openly gay judge and the first labor lawyer on the U.S. Court of Appeals for the 4th Circuit,” which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina. Berner, who is also pro-abortion, formerly served as a staff attorney for Planned Parenthood, where she focused on “protecting and expanding access” to chemical abortion drugs.

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Some Jan. 6 Defendants Win Early Release Ahead of Key Supreme Court Decision

January 6 protesters

Judges are ordering Jan. 6 defendants who fought against their sentences to be released early pending an appeal as the Supreme Court is set to hear arguments next week about the legitimacy of a key charge that many of them were indicted.

The attorneys of three Jan. 6, 2021, Capitol riot defendants are set to argue before the Supreme Court that the crime of obstructing or impeding an official proceeding is only limited to destroying evidence in governmental probes, The Washington Post reported Tuesday.

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Conservatives Hope Supreme Court’s Initial Ruling on Texas Immigration Law Inspires Other States

A preliminary Supreme Court ruling that allowed Texas to begin enforcing a state law empowering local police to arrest and deport illegal aliens if the federal government doesn’t should inspire other states to follow suit, prominent conservatives tell Just the News.

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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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Supreme Court Rules Gov Officials Can Block Constituents from Their Social Media Pages in Certain Situations

James Freed

The Supreme Court unanimously ruled Friday that there are circumstances when government officials can permissibly block a constituent from their social media pages, provided they are not claiming to speak on the state’s behalf.

The case, Lindke v. Freed, stemmed from Port Huron, Michigan, resident Kevin Lindke’s First Amendment lawsuit against city manager James Freed, who blocked Lindke from his Facebook page over comments criticizing the city’s response to COVID-19. While officials may look like they are “always on the clock,” not every encounter is “part of the job,” Justice Amy Coney Barrett wrote in the opinion of the court.

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Commentary: In Prosecuting Trump, Democrats Have Exonerated Him

Trump Walking

Despite their best efforts, have Democrats begun an inexorable elevation of former President Donald Trump? For the better part of a decade, Democrats and the Left have thrown everything they could think of against the man they live to loathe. In the process, they have created a quasi-caricature that appears to be decreasingly believable to an increasing proportion of Americans. The question is whether these attacks have come full circle, accomplishing what Democrats most sought to avoid. Have they vilified Trump to victimhood and prosecuted him back into the presidency?

Since Trump burst on the political scene in 2016, Democrats and the Left have busted their guts laughing at him. When that didn’t work and he won, they burst all boundaries going after him. Their efforts have ranged from slights to a Russian dossier to two impeachments. Even after Trump left office, they refused to stop. Unquestionably, these efforts have had an effect — and equally unquestionably, Trump has given ample fodder to use against him: the result being that with Trump poised to win an unprecedented third successive major party presidential nomination (a feat last accomplished by Franklin D. Roosevelt 84 years ago), he has become a highly polarizing figure.

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Supreme Court Unanimously Rules Trump Cannot Be Removed from Colorado Ballot

The Supreme Court ruled 9-0 Monday that former President Donald Trump cannot be removed from Colorado’s 2024 ballot. The Colorado Supreme Court found Trump ineligible for the state’s ballot in December, ruling he was disqualified under Section 3 of the 14th Amendment.

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Supreme Court Rules: Trump Can Remain on Ballot

The Supreme Court on Monday ruled that former President Donald Trump can remain on the 2024 presidential ballot in a decision that comes one day before the Colorado Republican primary after the Colorado Supreme Court ruled that the top Republican contender is ineligible.

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Commentary: Technology Changes and Bipartisanship are Causing Journalism’s Woes

Journalists Press

by Carl M. Cannon   For the American media, 2024 has been a fiasco. And it’s still only February. Nine days into the new year, highly respected Los Angeles Times editor Kevin Merida resigned rather than tolerate another round of layoffs and the meddlesome ways of a billionaire publisher and his…

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FDA Threatens Endangered Species with Shoddy Abortion-Drug Reviews: Lance Armstrong Investigator

Federal public health officials created strange bedfellows among animal-welfare advocates, scientists and vaccine skeptics for allegedly cutting corners in viral and COVID-19 vaccine research and oversight, possibly engineering a pathogen, then a cure that’s worse for some.

The Food and Drug Administration may be creating another odd couple in a case at the Supreme Court: environmental and pro-life activists.

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Biden Cancels Another $1.2 Billion in Student Loan Debt

In yet another move circumventing the Supreme Court on the question of student loan debt, Joe Biden announced the cancellation of approximately $1.2 billion in student loan debt for about 153,000 borrowers.

As reported by ABC News, the Biden Administration made the cancellation official on Wednesday, including a draft email that will be sent to all of the borrowers in question. The email will read, in part: “Congratulations — all or a portion of your federal student loans will be forgiven because you qualify for early loan forgiveness under my Administration’s SAVE Plan.”

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Supreme Court Justices Appear Skeptical of Removal of Trump from Colorado Ballot Under Insurrection Clause

Trump Supreme Court

Supreme Court justices on Thursday appeared skeptical during oral arguments of Colorado plaintiffs’ assertions that former President Donald Trump should be kept off of the state’s ballot for president.

The justices focused on the consequences of allowing Colorado to remove former President Donald Trump during oral arguments on Thursday, pressing the Colorado plaintiffs’ attorney on the issues that could occur across the country. 

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Commentary: Was It Legal to Appoint Jack Smith in the First Place?

Jack Smith

Was Special Counsel Jack Smith illegally appointed by Attorney General Merrick Garland and is his prosecution of former Pres. Donald Trump unlawful? That is the intriguing issue raised in an amicus brief filed in the Supreme Court by Schaerr Jaffe, LLP, on behalf of former Attorney General Ed Meese and two law professors, Steven Calabresi and Gary Lawson, in the case of U.S. v. Trump.

We won’t get an immediate answer to this question because on the Friday before Christmas, the Supreme Court issued a one-line order refusing to take up Smith’s request that the court review Trump’s claim of presidential immunity, which was denied by the trial court, in the federal prosecution being pursued by Smith in the District of Columbia. The special counsel had petitioned the court to take the case on an expedited basis, urging the justices to bypass review by the Court of Appeals for the D.C. Circuit.

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