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US Supreme Court Tag

The Supreme Court issued Orders in two cases involving the Trump administration decision not to permit transgender persons to serve in the military. The Orders stayed District Court preliminary injunctions that had prevented the ban from going into effect. The votes split along ideological lines, with the four liberal Justices voting to deny the stay (i.e., allow the injunctions to continue).

As Ruth Bader Ginsburg watch continues, Senator Lindsey Graham (R-SC) says he's "hell bent" on replacing her—or any Justice who leaves the Supreme Court—with a conservative.  As the new chairman of the powerful Senate Judiciary Committee, he's in a position to follow through. Graham was absolutely horrified and incensed by the way the Democrats treated now-Supreme Court Justice Brett Kavanaugh, and he is obviously still angry and indignant about it.

85-year-old Supreme Court Justice Ruth Bader Ginsburg has suffered multiple health setbacks in recent months. She fell and broke some ribs, and then had cancerous tumors removed from her lungs. Recovery from the lung surgery caused Ginsburg to miss three days of oral arguments this week, the first time she has missed an oral argument since joining the high court:

On Monday I blogged that Supreme Court Justice Ruth Bader Ginsberg missed oral arguments for the first time in her tenure because she's recovering from surgery. Doctors removed cancerous nodules off her lung. I wrote that people joked about giving her their limbs and organs, but also wouldn't be surprised if people actually did this. Say no more! Politico Chief Political Columnist Roger Simon asked Twitter today if anyone would "subtract one day off your life and add it to Ruth Bader Ginsburg's life for one extra day of good health."

The Supreme Court announced Friday that it would, once again, consider whether partisan gerrymandering can be so extreme that it violates the Constitution. The move comes after a term in which the justices had looked poised to impose some limits on partisan influence in redistricting, but ultimately seemed unable to agree on a workable standard for evaluating when state lawmakers cross a constitutional line.

Last Friday, Professor Jacobson wrote a post entitled "Chief Justice Roberts is the new Swing Vote, or worse," explaining that:
Roberts...saw fit to make a public pronouncement after Trump criticized a San Francisco federal judge for a decision enjoining Trump’s new policy on processing asylum claims, which held that people who illegally crossed the border could not apply for asylum...

The Supreme Court delivered a blow to the pro-life movement when it decided not to hear cases from Louisiana and Kansas that would allow the states to block Planned Parenthood from receiving Medicaid funding. From The Washington Examiner:
Planned Parenthood will continue to receive Medicaid funding in Louisiana and Kansas after the Supreme Court on Monday declined to hear cases in which the states sought to stop the organization from participating in the program. The Supreme Court's decision not to take up the case leaves intact lower court decisions that allowed Planned Parenthood to continue to receive Medicaid funding.

In Fleck v. Wetsh, review by the Supreme Court was sought of an 8th Circuit decision denying a challenge to North Dakota's mandatory Bar Association dues, some of which went to political activities not directly related to Bar membership. Note that this has nothing to do with licensing of attorney, as such. Rather, a majority of states require that in addition to registering with the state licensing authority (often the state Supreme Court), bar members also must register with the private Bar Associations. That's the way it is in Rhode Island, I'm required to pay my annual dues both to the state Supreme Court and separately to the Rhode Island Bar Association.

Christine Blasey Ford, the woman who accused now Supreme Court Justice Brett Kavanaugh of sexual misconduct over 30 years ago, emerged and released a statement to end the fundraising someone set up for her a few months ago. The GoFundMe account raised $647,610 in the past two months with the last donation coming in at $50 five days ago. Ford wrote on the page:
The funds you have sent through GoFundMe have been a godsend. Your donations have allowed us to take reasonable steps to protect ourselves against frightening threats, including physical protection and security for me and my family, and to enhance the security for our home. We used your generous contributions to pay for a security service, which began on September 19 and has recently begun to taper off; a home security system; housing and security costs incurred in Washington DC, and local housing for part of the time we have been displaced. Part of the time we have been able to stay with our security team in a residence generously loaned to us.

Supreme Court Justice Ruth Bader Ginsburg remains hospitalized after she fell in her office, which caused her to break three ribs. From USA Today:
Ginsburg, 85, went home after the fall but continued to experience "discomfort overnight" and went to George Washington Hospital early Thursday. Tests revealed she fractured three ribs and she "was admitted for observation and treatment," according to the statement.

Newly sworn in Supreme Court Justice Brett Kavanaugh recently visited Georgetown Prep, where he was welcomed with open arms. It's a feel-good story, which provides a stark contrast to the circus that played out in recent months.

On Monday night, the Supreme Court granted the Trump administration’s request to shield Commerce Secretary Wilbur Ross from being deposed in a lawsuit over the addition of a citizenship question to the 2020 census. But the Court declined to block the deposition of acting Assistant Attorney General John Gore, as the administration had also asked. It's tough to say whether the White House should view this compromise — presumably brokered by Chief Justice John Roberts—as a win, loss or draw. Time will tell what impact it has on the census litigation.