Ian Millhiser
Ian Millhiser
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Justice Sotomayor warns the Supreme Court is doing "extraordinary" favors for Trump

Justice Sotomayor warns the Supreme Court is doing "extraordinary" favors for Trump

The Trump administration thinks the court is its personal fixer. The court isn’t doing much to disabuse it of this idea.Justice Sonia Sotomayor wrote a Wednesday evening from a Supreme Court order that effectively out of the asylum process. Asylum allows foreign nationals who face certain forms of persecution to seek refuge in the United States.The Court’s order is temporary, and it only allows the asylum ban to remain in effect while the case is working its way through the courts. It stays a that blocked the ban. Though this litigation will continue to percolate in lower courts, other...

October 4, 2019
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The Supreme Court hears a case next week that could make Citizens United even worse

The Supreme Court hears a case next week that could make Citizens United even worse

The Court’s new majority could make it much easier for big spenders to influence American politics in secret.The Supreme Court will hear a major case on April 26 that could fundamentally alter the Court’s approach to laws requiring political organizations to disclose their donors — a change that could make it much easier for big spenders to hide the ways they seek to influence policy and elections.That case is . But to fully understand it, it’s important to keep in mind the Supreme Court’s decision in (2010).Citizens United is best known for its anti-canonical holding that corporations may...

Apr 17
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Why the defamation lawsuits against Fox News could seriously hurt the company

Why the defamation lawsuits against Fox News could seriously hurt the company

Fox spread a dangerous lie about the 2020 election. Now the network could face expensive consequences.Not long after last November’s election, and before all the votes were even counted, a bizarre conspiracy theory started . This false conspiracy theory spread throughout conservative media, stoked by close Trump allies and . And it was repeatedly touted on Fox News.The theory alleged that Dominion Voting Services, a company that supplies hundreds of millions of dollars’ worth of voting machines and related services to more than two dozen states, was actually owned by a different company,...

Mar 29
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Biden’s new Supreme Court commission is a win for the Federalist Society

Biden’s new Supreme Court commission is a win for the Federalist Society

The president’s new commission has a lot of fans — in the Federalist Society.In 2014, Judge Thomas Griffith authored an opinion in that could have and potentially stripped health coverage from millions of Americans. Griffith’s court eventually , and the Supreme Court rejected Griffith’s reasoning in (2015) — but not before the Halbig decision plunged the Obama administration, health care advocates, and patients into a year of terror that Obamacare would be gutted.On Friday, President Joe Biden announced that he would sign an executive order creating a “.” Griffith — who retired from the...

Apr 10
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McConnell’s threat to punish corporations opposing GOP policies is unconstitutional

McConnell’s threat to punish corporations opposing GOP policies is unconstitutional

Cancel culture is alive and well in the GOP.On Monday, Senate Minority Leader Mitch McConnell leveled a very odd threat against corporate America for a senior lawmaker in a nation governed by the First Amendment.Warning companies to “stay out of politics,” McConnell said that “corporations will invite if they become a vehicle for far-left mobs.” (McConnell, a longtime opponent of campaign finance laws, later clarified that he is “” when he tells corporations to stay out of politics.)McConnell did not elaborate on how, exactly, he plans to cancel corporations that express left-leaning...

Apr 7
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There’s a new lawsuit attacking Obamacare — and it’s a serious threat

There’s a new lawsuit attacking Obamacare — and it’s a serious threat

The legal arguments in Kelley v. Becerra aren’t exactly good arguments, but five justices have signaled that they agree with them.Tell me if you’ve heard this one before.A team of conservative activists filed a lawsuit last year that asks the courts to strike down several key provisions of the Affordable Care Act. The plaintiffs’ legal arguments are at odds with longstanding precedents, but the case is assigned to a very conservative Republican-appointed judge. And that judge has that he’s likely to rule in those plaintiffs’ favor.Kelley v. Becerra is the fourth round of litigation...

Apr 2
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A new bill would add four seats to the Supreme Court, giving Democrats a majority

A new bill would add four seats to the Supreme Court, giving Democrats a majority

It’s on!Four Democratic members of Congress plan to introduce legislation that would add four seats to the Supreme Court, which would, if passed, allow President Biden to immediately name four individuals to fill those seats and give Democrats a 7-6 majority.The bill, which is being introduced by Reps. Jerrold Nadler (D-NY), Hank Johnson (D-GA), and Mondaire Jones (D-NY) in the House and by Sen. Ed Markey (D-MA) in the Senate, is called the Judiciary Act of 2021, and it is very brief. It amends a provision of federal law providing that the Supreme Court consist of a chief justice and eight...

Apr 15
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The Supreme Court’s coming war with Joe Biden, explained

The Supreme Court’s coming war with Joe Biden, explained

The Supreme Court is poised to give itself a veto power over much of the Biden administration’s authority.One of Justice Antonin Scalia’s final acts was to strike down President Obama’s plan to stave off the climate crisis.On February 9, 2016 — the last Tuesday of Scalia’s life — the Supreme Court handed down an announcing a stay of the Environmental Protection Agency’s carbon emissions rules for many power plants. The vote was 5-4, along party lines, with Scalia joining his fellow conservatives in the majority.The environmental regulations blocked by this order were commonly known as the...

Mar 27
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The Supreme Court just made it harder for cops to shoot people with impunity

The Supreme Court just made it harder for cops to shoot people with impunity

Two police officers sought a fairly nonsensical exemption from the Fourth Amendment in Torres v. Madrid.The alleged facts of are disturbing.Roxanne Torres says she was sitting in a car at a parking lot in Albuquerque, New Mexico, when she was approached by two armed men who attempted to talk with her. Believing them to be carjackers, Torres quickly drove away to escape them, and the men fired a total of 13 shots at her as she fled — two of which struck her in the back.As it turns out, the two men were police officers, and they were in the parking lot to execute an arrest warrant of a woman...

Mar 25
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The Supreme Court’s conservatives are quaking over cancel culture

The Supreme Court’s conservatives are quaking over cancel culture

The Court’s right flank is afraid that the monster under their bed will cancel them.Here’s a quote from someone who, not that long ago, was widely considered to be on the cutting edge of conservative thinking about the law:“Requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed. For my part, I do not look forward to a society which, thanks to the Supreme Court, campaigns anonymously ... and even exercises the direct democracy of initiative and referendum hidden from public scrutiny and protected from the accountability of...

Apr 27
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