Covering the Supreme Court and legal issues for @CNN and @CNNPolitics. Formerly at ABC

Washington, DC
Joined March 2010
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On the eve of a big case it’s not just the current justices you think about.
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Note that the justices are not on the bench this morning. They will issue opinions via the website.
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Still outstanding at the Supreme Court are two emergency petitions asking the justices to halt the New York health care mandate. Recall that the justices allowed an almost identical mandate out of Maine over the dissent of 3 justices. that order could come at any time today.
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at 10:00 today the Supreme Court will release opinions. We never know which ones we are getting. If they include the 2 cases challenging TX SB 8 -some reminders 1/8
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1) here's what the District court judge said when he ruled in favor of the DOJ: "From the moment SB 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution. 2/8
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"that other courts may find a way to avoid this conclusion is theirs to decide; this Court will not sanction one more day of this offensive deprivation of such an important right." 3/8
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2) here's what the 5th Circuit said in ruling agst abortion providers: "we are not blind to the serious questions regarding the constitutionality of the texas law at issue. We are also mindful of the real-world effects while courts resolve these vexing procedural questions." 4/8
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here's what Justice Kagan said at oral arguments in the case brought by providers "Isn't the point of a right that you don't have to ask Congress? isn't the point of a right that it doesn't really matter what Congress thinks or what the majority of the American people think? "5/8
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this was Justice Kavanaugh suggesting questions about the slippery slope that could develop if such a law were allowed in other areas: "it could be free speech rights. It could be free exercise of religion rights. It could be Second Amendment rights"6/8
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And here from the brief of Jonathan Mitchell (an architect of SB8 )in the SEPARATE, UPCOMING Dobbs case. "The news is not as good for those who hope to preserve the court-invented rights to homosexual behavior and same-sex marriage. 7/8
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These 'rights,' like the right to abortion from Roe, are judicial concoctions, and there is no other source of law that can be invoked to salvage their existence. "8/8
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New: The Supreme Court will announce opinions starting Monday at 10:00. Although they never tell us in advance which opinions we might get, there is a reasonable chance that it could concern Texas six week abortion ban.
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Note the florist case has gone away but there is already a similar petition at the high court — it’s about a website designer who doesn’t want to design a wedding website for same sex couples out of religious objections supremecourt.gov/search.aspx…
Just in: Florist who refused to make an arrangement for a same-sex couple drops Supreme Court challenge cnn.com/2021/11/18/politics/…
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Update: the court has asked for a response to one en banc request by the 30th.
Opponents of Biden's employer vaccine mandate seek to ensure a majority of judges appointed by Republican presidents hear their case quickly: latest: cnn.com/2021/11/18/politics/…
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