Court Watch 2024/01/05 10:39
Former President Donald Trump on Wednesday asked the U.S. Supreme Court to overturn a ruling barring him from the Colorado ballot, setting up a high-stakes showdown over whether a constitutional provision prohibiting those who “engaged in insurrection” will end his political career.
Trump appealed a 4-3 ruling in December by the Colorado Supreme Court that marked the first time in history that Section 3 of the 14th Amendment was used to bar a presidential contender from the ballot. The court found that Trump’s role in the Jan. 6, 2021, attack on the U.S. Capitol disqualified him under the clause.
The provision has been used so sparingly in American history that the U.S. Supreme Court has never ruled on it. Wednesday’s development came a day after Trump’s legal team filed an appeal against a ruling by Maine’s Democratic Secretary of State, Shenna Bellows, that Trump was ineligible to appear on that state’s ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.
Trump’s critics have filed dozens of lawsuits seeking to disqualify him in multiple states. He lost Colorado by 13 percentage points in 2020 and does not need to win the state to gain either the Republican presidential nomination or the presidency. But the Colorado ruling has the potential to prompt courts or secretaries of state to remove him from the ballot in other, must-win states.
None had succeeded until a slim majority of Colorado’s seven justices — all appointed by Democratic governors — ruled last month against Trump. Critics warned that it was an overreach and that the court could not simply declare that the Jan. 6 attack was an “insurrection” without a judicial process.
“The Colorado Supreme Court decision would unconstitutionally disenfranchise millions of voters in Colorado and likely be used as a template to disenfranchise tens of millions of voters nationwide,” Trump’s lawyers wrote in their appeal to the nation’s highest court, noting that Maine has already followed Colorado’s lead.

Court Watch 2023/12/26 12:13
For holding a sign outside a courthouse reminding jurors of their right to acquit defendants, a retiree faces up to two years in prison. For hanging a banner reading “Just Stop Oil” off a bridge, an engineer got a three-year prison sentence. Just for walking slowly down the street, scores of people have been arrested.
They are among hundreds of environmental activists arrested for peaceful demonstrations in the U.K., where tough new laws restrict the right to protest.
The Conservative government says the laws prevent extremist activists from hurting the economy and disrupting daily life. Critics say civil rights are being eroded without enough scrutiny from lawmakers or protection by the courts. They say the sweeping arrests of peaceful demonstrators, along with government officials labeling environmental activists extremists, mark a worrying departure for a liberal democracy.
“Legitimate protest is part of what makes any country a safe and civilized place to live,” said Jonathon Porritt, an ecologist and former director of Friends of the Earth, who joined a vigil outside London’s Central Criminal Court to protest the treatment of demonstrators.
“The government has made its intent very clear, which is basically to suppress what is legitimate, lawful protest and to use every conceivable mechanism at their disposal to do that.”
Britain is one of the world’s oldest democracies, home of the Magna Carta, a centuries-old Parliament and an independent judiciary. That democratic system is underpinned by an “unwritten constitution” — a set of laws, rules, conventions and judicial decisions accumulated over hundreds of years.
The effect of that patchwork is “we rely on self-restraint by governments,” said Andrew Blick, author of “Democratic Turbulence in the United Kingdom” and a political scientist at King’s College London. “You hope the people in power are going to behave themselves.”
But what if they don’t? During three turbulent and scandal-tarnished years in office, Boris Johnson pushed prime ministerial power to the limits. More recently, Prime Minister Rishi Sunak has asked Parliament to overrule the U.K. Supreme Court, which blocked a plan to send asylum-seekers to Rwanda.
Such actions have piled pressure on Britain’s democratic foundations. Critics say cracks have appeared.
As former Conservative justice minister David Lidington put it: “The ‘good chap’ theory of checks and balances has now been tested to destruction.”

Court Watch 2023/11/20 10:27
The Russian Justice Ministry on Friday said it has filed a lawsuit with the nation’s Supreme Court to outlaw the LGBTQ+ “international public movement” as extremist, the latest crippling blow against the already beleaguered LGBTQ+ community in the increasingly conservative country.
The ministry said in an online statement announcing the lawsuit that authorities have identified “signs and manifestations of extremist nature” in “the activities of the LGBT movement active” in Russia, including “incitement of social and religious discord.” Russia’s Supreme Court has scheduled a hearing to consider the lawsuit for Nov. 30, the ministry said.
It is not yet clear what exactly the label would entail for LGBTQ+ people in Russia if the Supreme Court sides with the Justice Ministry, and the ministry did not immediately respond to a request for comment. But the move in itself represents the latest, and possibly by far the most drastic, step in the decade-long crackdown on gay rights in Russia unleashed under President Vladimir Putin, who has put “traditional family values” at the cornerstone of his rule.
The crackdown, which began a decade ago, slowly but surely chipped away at LGBTQ+ rights. In 2013, the Kremlin adopted the first legislation restricting LGBTQ+ rights, known as the “gay propaganda” law, banning any non-critical public depiction of “nontraditional sexual relations” among minors. In 2020, Putin pushed through a constitutional reform to extend his rule by two more terms that also outlawed same-sex marriage.
In 2022, after sending troops into Ukraine, the Kremlin ramped up its rhetoric about protecting “traditional values” from what it called the West’s “degrading” influence, in what rights advocates saw as an attempt to legitimize the war in Ukraine. That same year, the authorities adopted a law banning propaganda of “nontraditional sexual relations” among adults, too, effectively outlawing any public endorsement of LGBTQ+ people.
Another law passed this year prohibited gender transitioning procedures and gender-affirming care for trans people. The legislation prohibited any “medical interventions aimed at changing the sex of a person,” as well as changing one’s gender in official documents and public records. It also amended Russia’s Family Code by listing gender change as a reason to annul a marriage and adding those “who had changed gender” to a list of people who can’t become foster or adoptive parents.
“Do we really want to have here, in our country, in Russia, ‘Parent No. 1, No. 2, No. 3’ instead of ‘mom’ and ‘dad?’” Putin said in September 2022 at a ceremony to formalize Moscow’s annexation of four Ukrainian regions. “Do we really want perversions that lead to degradation and extinction to be imposed in our schools from the primary grades?”
Authorities have rejected accusations of discrimination against LGBTQ+ people. Earlier this week, Russian media quoted Andrei Loginov, a deputy justice minister, as saying that “the rights of LGBT people in Russia are protected” legally. Loginov spoke in Geneva, while presenting a report on human rights in Russia to the U.N. Human Rights Council, and argued that “restraining public demonstration of non-traditional sexual relationships or preferences is not a form of censure for them.”
Putin, speaking at a culture-related event in St. Petersburg on Friday, called LGBTQ+ people “part of the society, too” and said they are entitled to winning various arts and culture awards. He did not comment on the Justice Ministry’s lawsuit.

Court Watch 2023/11/02 09:58
Donald Trump Jr. testified Wednesday that he never worked on his father’s financial statements, the documents now at the heart of the civil fraud trial that threatens former President Donald Trump’s real estate empire.
The ex-president’s eldest son is an executive vice president of the family’s Trump Organization and has been a trustee of a trust set up to hold its assets when his father was in the White House.
At least one of the annual financial statements bore language saying the trustees “are responsible” for the document. But Donald Trump Jr. said he didn’t recall ever working on any of the financial statements and had “no specific knowledge” of them.
The lawsuit centers on whether the former president and his business misled banks and insurers by inflating his net worth on the financial statements. He and other defendants, including sons Donald Jr. and Eric, deny wrongdoing.
Trump Jr. said he signed off on statements as a trustee, but had left the work to outside accountants and the company’s then-finance chief, Allen Weisselberg.
“As a trustee, I have an obligation to listen those who are expert — who have an expertise of these things,” he said.
“I wasn’t working on the document, but if they tell me that it’s accurate, based on their accounting assessment of all of the materials,” he said, “these people had an incredible intimate knowledge, and I relied on them.”
The first family member to testify, he is due to return to the stand Thursday. Next up will be his brother and fellow Trump Organization Executive Vice President Eric Trump and, on Monday, their father — the family patriarch, company founder, former president and 2024 Republican front-runner.
Daughter Ivanka, a former Trump Organization executive and White House adviser, is scheduled to take the stand Nov. 8. But her lawyers on Wednesday appealed Judge Arthur Engoron ‘s decision to require her testimony.
New York Attorney General Letitia James brought the lawsuit, alleging that Donald Trump, his company and top executives, including Eric and Donald Jr., conspired to exaggerate his wealth by billions of dollars on his financial statements. The documents were given to banks, insurers and others to secure loans and make deals.
The former president has called the case a “sham,” a “scam,” and “a continuation of the single greatest witch hunt of all time.”

Court Watch 2023/10/14 17:35
The Supreme Court on Monday ordered two internet sellers of gun parts to comply with a Biden administration regulation aimed at ghost guns, firearms that are difficult to trace because they lack serial numbers.
The court had intervened once before, by a 5-4 vote in August, to keep the regulation in effect after it had been invalidated by a lower court. No justice dissented publicly from Monday’s order, which followed a ruling from a federal judge in Texas that exempted the two companies, Blackhawk Manufacturing Group and Defense Distributed, from having to abide by the regulation of ghost gun kits.
Other makers of gun parts also had been seeking similar court orders, the administration told the Supreme Court in a filing.
“Absent relief from this Court, therefore, untraceable ghost guns will remain widely available to anyone with a computer and a credit card — no background check required,” Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer, wrote.
The regulation changed the definition of a firearm under federal law to include unfinished parts, like the frame of a handgun or the receiver of a long gun, so they can be tracked more easily. Those parts must be licensed and include serial numbers. Manufacturers must also run background checks before a sale - as they do with other commercially made firearms.
The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers.
The regulation will be in effect while the administration appeals the judge’s ruling to the 5th U.S. Circuit Court of Appeals in New Orleans — and potentially the Supreme Court.

Court Watch 2023/09/12 10:08
House Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority.
But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House.
It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden.
“They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota.
McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said.
Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington.
With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office.
That threat of an abrupt ouster hovers over McCarthy’s every move, especially now.
To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday.
McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks.
But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank.
Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden.
