“Whenever the President wields the enormous power of his office, the majority says, the criminal law (at least presumptively) cannot touch him,” Justice Sonia Sotomayor wrote in her dissent. “This official-acts immunity has ‘no firm grounding in constitutional text, history, or precedent,’” she added, pointedly citing an argument this same majority-coalition of justices made when ruling in the Dobbs case to overturn Roe v. Wade. After detailing the historic case against absolute presidential immunity, she concluded, again with a citation to Dobbs, “It seems history matters to this Court only when it is convenient.” The callback to the landmark abortion case is more than just a good little dig. It highlights several abuses of power within the court itself.
In essence, Monday’s majority opinion by Chief Justice John Roberts rests on the idea that without expansive immunity protections, the president could not carry out the duties of his office with the necessary “bold and unhesitating action.” Roberts elaborated the stakes in the majority’s view: “A President inclined to take one course of action based on the public interest may instead opt for another, apprehensive that cr
The Supreme Court unanimously upheld a law requiring a sale or ban of TikTok on Friday, but Justice Sonia Sotomayor disagreed with part of the decision.
Why It Matters
The Supreme Court's decision comes after a bipartisan push to ban TikTok due to security concerns.
The Supreme Court, in its opinion: "There is no doubt that, for more than million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community. But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok's data collection practices and relationship with a foreign adversary. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners' First Amendment rights."
When will the TikTok ban happen?
Congress passed a law last year requiring TikTok's China-based parent company, ByteDance, to divest the platform by January ByteDance said it has no plans to sell the platform.
There is also bipartisan support to save the app ahead of the January 19 divestment deadline.
Senate Democratic Leader Chuck Schumer said he spoke with Biden on Thursday about an exte
Supreme Court grants Richard Glossip new trial in capital case
OPINION ANALYSIS
on Feb 25, at am
The court heard arguments in Glossip's case in October. (Katie Barlow)
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This article was updated on Feb. 25 at p.m.
The Supreme Court on Tuesday ruled that Richard Glossip, who is on death row in Oklahoma for his role in the murder of motel owner Barry Van Treese, should get a new trial. In a decision by Justice Sonia Sotomayor, the majority agreed that prosecutors violated their obligation to correct false testimony, and that the jury might not have sentenced him to death if the testimony had been corrected.
Prosecutors have never contended that Glossip himself killed Van Treese, who owned the Oklahoma City motel where he worked. Justin Sneed, who worked as a handyman at the motel, confessed to murdering Van Treese, but testified that Glossip paid him to do so. In exchange for his testimony, Sneed was spared the death penalty.
Glossip has maintained that he had no part in the murder.
In , Glossip returned to state court in another effort to set aside his conviction and sentence. He contended that the state had recently given h
Opinions
- AIR WISCONSIN AIRLINES CORP. v. HOEPER, January 27,
- AMERICOLD REALTY TRUST v. CONAGRA FOODS, INC., March 7,
- BRUMFIELD v. CAIN, June 18,
- CARR v. SAUL, April 22,
- CITGO ASPHALT REFINING CO. v. FRESCATI SHIPPING CO., March 30,
- CLARK v. RAMEKER, June 12,
- COLLINS v. VIRGINIA, May 29,
- CONCEPCION v. UNITED STATES, June 27,
- CRUTSINGER v. DAVIS, September 4,
- City of Austin v. Reagan Nat. Advertising of Austin, LLC, April 21,
- DIETZ v. BOULDIN, June 9,
- DISTRICT OF COLUMBIA v. WESBY, January 22,
- EVANS v. MICHIGAN, February 20,
- FACEBOOK, INC. v. DUGUID, April 1,
- FTC v. PHOEBE PUTNEY HEALTH SYSTEM, INC., February 19,
- GARZA v. IDAHO, February 27,
- GOLAN v. SAADA, June 15,
- GONZALEZ v. THALER, January 10,
- GREEN v. BRENNAN, May 23,
- HALL v. UNITED STATES, May 14,
- HANA FINANCIAL, INC. v. HANA BANK, January 21,
- HEMPHILL v. NEW YORK, January 20,
- HERRERA v. WYOMING, May 20,
- HIGHMARK INC. v. ALLCARE HEALTH MANAGEMENT SYSTEM, INC., April 29,
- HILLMAN v. MARETTA, June 3,
- HOBBY LOBBY STORES, INC. v. SEBELIUS, December 26,
- HONEYCUTT v. UNITED STATES, June 5,
- HUGHES v. NORTHWESTERN UNIV., January 24,
- HURST v. FLORIDA, Jan
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