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...

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Ian Millhiser
Oct 4, 2019
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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...

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Ian Millhiser
Apr 10
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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...

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Ian Millhiser
Mar 25
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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...

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Ian Millhiser
Apr 2
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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,...

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Ian Millhiser
Mar 29
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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...

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Ian Millhiser
Mar 27
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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...

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Ian Millhiser
Apr 7
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The new suit attacking Biden’s stimulus law, explained

The new suit attacking Biden’s stimulus law, explained

Ohio wants red states to be able to get something for nothing from the federal government.A few things in life are certain. The sun rises in the east and sets in the west. Everyone dies. Taxes must be paid.And if a Democratic president signs a historic piece of legislation, a Republican state attorney general will file a lawsuit claiming that the new law is unconstitutional.Indeed, by the standards of such lawsuits, the claim in , a lawsuit filed by Ohio’s Republican Attorney General Dave Yost, is fairly mild. Yost does not seek a court order striking down the entire $1.9 trillion American...

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Ian Millhiser
Mar 18
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Joe Manchin just took an important filibuster reform off the table

Joe Manchin just took an important filibuster reform off the table

Manchin just closed the door on a promising idea that could have made the Senate much more functional.Sen. Joe Manchin, the most conservative member of the Senate Democratic caucus, has spent the past couple of weeks be open to changing filibuster rules that currently allow the Republican minority to block most legislation unless a bill is supported by at least 60 senators.On Wednesday, however, he appeared to on several ideas within the Senate. Manchin’s latest move does not mean that filibuster reform is dead, but it does suggest that Democrats who wish to make it easier to enact...

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Ian Millhiser
Mar 17
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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...

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Ian Millhiser
4 days ago
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