Fox Settles With Dominion: There Was Gambling At Cafe Rick’s Casino

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The nuts and graphs are here courtesy of the New York Times:

“The judge in the Fox News defamation case said on Tuesday that the case was resolved, abruptly ending a long-running dispute over misinformation in the 2020 election just as a highly anticipated trial was about to begin.

It was a last-minute end to a case that began two years ago and after the disclosure of hundreds of thousands of pages of documents that peeled back the curtain on a media company that has long resisted outside scrutiny. The settlement included a $787.5 million payment from Fox, according to Justin Nelson, a lawyer for Dominion.

“The truth matters. Lies have consequences,” he said outside the courthouse. “Over two years ago, a torrent of lies swept Dominion and election officials across America into an alternative universe of conspiracy theories causing grievous harm to Dominion and the country.”

Dominion had originally sought $1.6 billion in damages. Fox Corporation said in a statement that “we acknowledge the court’s rulings finding certain claims about Dominion to be false.”

It added: “We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues.”

The agreement was reached a few hours after a jury in Wilmington, Del., was selected on Tuesday, just as opening statements were expected to begin. Lawyers for both sides had been preparing to make their cases to the jury, their microphones clipped to their jacket lapels.

The sudden settlement means no high-profile Fox figures — including those who privately expressed concerns about the veracity of claims being made on its shows — will have to testify. The expected witness list had included Fox executives, including Rupert Murdoch, the chairman of Fox Corporation, and the hosts Tucker Carlson, Sean Hannity and Maria Bartiromo.

It was the latest extraordinary twist in a case that had promised to be one of the most consequential against a media organization in a generation.

The trial had been expected to be a major test of the First Amendment, raising questions about whether defamation law adequately protects victims of misinformation campaigns.

While the settlement avoids a lengthy trial, it still results in a rare instance of accountability for attempts to delegitimize President Biden’s victory. Few people or organizations have faced legal ramifications for claims related to electoral fraud that were brought by former President Donald J. Trump or his supporters.

Dominion sued Fox in early 2021, arguing that its reputation was badly damaged when Fox repeatedly aired falsehoods about its voting machines. Fox denied wrongdoing, saying that it had merely reported on newsworthy allegations that were coming from Mr. Trump and his lawyers and that it was protected in doing so by the First Amendment.

Judge Eric M. Davis had previously ruled that statements Fox had aired about Dominion were false, and functionally limited some of its potential defenses by deciding that its lawyers could not argue that it broadcast false information on the basis that the allegations were newsworthy.

At trial, a jury would have been tasked with answering the question of whether Fox had acted with “actual malice” — a legal standard meaning it had knowingly broadcast lies or had recklessly disregarded obvious evidence that the statements were untrue.”

Personally, I am shocked to find such gambling here in Ricks Cafe. Or not so much. Am feeling pretty good about my post yesterday morning.

I’ll leave it at that for now. Who could have known?

And for the inevitable dopes that will wander in to say “Ohhh, this was not enough!”, or “Ohhh there needed to be more admission and contrition!”, please stop. This was a fine and appropriate settlement. This case was NEVER about you and your politics, it was a jury trial case, which was NEVER going to be about you. Stop now.

Dominion v. Fox – Now What?

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Members of the Emptywheel community are on top of almost everything. So you probably know that late over the weekend, the judge in the Dominion v. Fox defamation trial in Wilmington Delaware continued the trial. For one day, moving the continuation of jury selection from this morning, Monday, to the same time, 9:00 am, tomorrow, Tuesday.

That caused quite a stir on the internet, but, as the judge explained today, is quite common, although he did not say why it had been done in this case.

The speculation is that it was to give one extra day past the weekend for the parties to contemplate settlement. Courts, especially a rapid moving one like the Delaware Court, rarely do that on their own. One or both parties have to request it. Was it Fox, Dominion, or both?

Then late last night, there were reports there had been no settlement reached. That is not surprising in the least, as Sunday would have just been the start, any really settlement would come Monday. So far, so good, but now what?

Short answer is that is unclear. Even today is not a drop dead deadline. Trials can be settled even during jury voir dire or into arguments and evidence. I would very much think the judge here would rather it be sooner rather than later, but doubt given the strain on the court, would probably accept it at any point.

The internet hills are alive with the sound of (almost always) non-trial lawyers yammering that Dominion should “not” settle, because the “public” is entitled to this spectacle.

What a load of bullshit. There are two parties to this civil litigation, and the “public” is not one of them. But the two actual parties in interest, Dominion and Fox have their own interests and needs that obliterate public call for a show trial for their puerile amusement, and “popcorn” moment.

Attorney Brad Moss noted:

“For those asking why Dominion might settle, there are at least three things to remember:

1) non-trivial chance the pre-trial rulings get reversed on appeal and the whole thing is tossed;

2) trials are a wild card; and

3) if they can accomplish their primary goals, why not?”

Attorney Peter Zeidenberg, who this blog knows well if you go far enough back, said:

“Better reason: the damages case for $1.6B is pretty weak. If awarded it could easily get tipped on appeal. $500M would be a tempting offer.”

Frankly, I agree with both on this. Will the case settle? I have no idea, but there are good reasons for both parties to try. And it would certainly thrill the court. There is a lot of sense in making the attempt.

DOJ Charges James Gordon Meek with Transporting Child Sexual Assault Material

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Back in October, I commented on a Rolling Stone article describing the search, in April 2022, of reporter James Gordon Meek’s residence in Virginia. I noted that given how he and his attorney were acting, it was likely this search wasn’t an improper intrusion into his journalism.

[H]is attorney is quoted, complaining that this story is out there.

“Mr. Meek is unaware of what allegations anonymous sources are making about his possession of classified documents,” his lawyer, Eugene Gorokhov, said in a statement. “If such documents exist, as claimed, this would be within the scope of his long career as an investigative journalist covering government wrongdoing. The allegations in your inquiry are troubling for a different reason: they appear to come from a source inside the government. It is highly inappropriate, and illegal, for individuals in the government to leak information about an ongoing investigation. We hope that the DOJ [Department of Justice] promptly investigates the source of this leak.”

Meek’s lawyer, at least, is not trying to generate the kind of media attention that would immediately raise questions about his treatment as a journalist the way — say — Project Veritas’ lawyers did when James O’Keefe and others were searched. If he had concerns about Meek’s treatment or the propriety of the search, I highly doubt he would respond this way, by complaining that the search was made public.

[snip]

All of which suggests there’s something about this story — or perhaps follow-ups — that led Meek and Epstein to withdraw.

Today, EDVA described what that thing is: Charges against Meek for transportation of Child Sexual Abuse Material from North Carolina to Virginia in 2020.

The affidavit is available on CourtListener; it is graphic enough I want make sure you click twice before accessing it. It covers material spanning from 2014 through 2020. It describes CSAM, including CSAM involving toddlers, found on an iPhone 8 found next to Meek’s door, CSAM found on the hard drive storing his iPhone back-ups, CSAM on an Apple laptop next to the couch, and CSAM on an iPhone 6 stored next to his bed. Two minor victims were described in the affidavit.

The arrest, however, was only for transportation of the iPhone 8, along with the CSAM, from North Carolina to EDVA on February 28, 2020.

15. Travel records and evidence from the iPhone 8 indicate that from February 24, 2020, to February 28, 2020, MEEK was located in the area of Charlotte, North Carolina and/or Rock Hill, South Carolina. American Airlines records demonstrate that MEEK traveled on a flight from Charlotte, North Carolina, to Ronald Reagan Washington National Airport, within the Eastern District of Virginia, on February 28, 2020, at 12:57 PM.

16. Evidence from the iPhone 8 indicates that MEEK carried this phone with him during his travel from North Carolina to Virginia. For example, text messages recovered from the phone indicate it was used to send several text messages throughout the period of MEEK’s travel. Among other evidence, the phone contained a message dated February 26, 2020, MEEK texted a friend that he was in South Carolina, as well as messages dated February 28, 2020, in which MEEK discussed going to the airport, as well as MEEK’s messages to family members coordinating their joining him at his residence in Virginia that evening.

17. Additionally, on or about October 25, 2021, Kik provided records related to the Pawny4 account that indicated that the device used to access the Pawny4 Kik account was an iPhone. Kik also provided IP addresses used to access the account during the relevant time frame. From between February 24, 2020, and approximately 12:52 PM UTC on February 28, 2020, open-source information indicates the IP addresses geolocated to locations in North and South Carolina. The next IP address used to access the Pawny4 Kik account several hours later geolocated to Arlington, Virginia.

DOJ could have charged — still could charge — Meek far more aggressively than they did.

It took DOJ a good deal of time to charge a man they had evidence was abusing minors.

According to the affidavit, DropBox submitted a tip to NCMEC on March 11, 2021 about five videos uploaded to the service. The search warrant, covered by the Rolling Stone story, was executed on April 27, 2022. FBI obtained a search warrant for Meek’s iCloud on November 14, 2022 (after the Rolling Stone story). And yet Meek was still arrested on a complaint, not an indictment, 22 months after the original tip.

The affidavit also made sure to make it clear how little distance Meek put between his family and the CSAM (the Rolling Stone piece quoted a neighbor describing the amount of time he spent with his two young daughters). In addition to the reference to arranging details with his family, above, the affidavit describes how he allegedly went, in the span of two hours, from fantasizing with someone about raping her when she was 12 to using the same phone to talk to family.

JBG And Other Trash Talk

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Jeff Beck has passed away. He was not in the Beatles, not in the Stones, nor in The Who or Experience. But Jeff Beck could really play guitar.

RIP Mr. Beck.

There is professional football afoot too. Squawks are at the Niners. Brock Purdy may encounter midnight, but he is not that kind of kid. Pete Carroll can own any one game. Should be interesting.

Then there is the Bolts at the Jags. Also fascinating. Save for Mahomes, are there two better young QBs in the NFL? Okay, maybe Joe Burrow.

Hope I did not besmirch the blog or anything!

The Redacted Mar-a-Lago Affidavit DOJ Should Submit

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As you may know, DOJ is ordered by Magistrate Judge Bruce Reinhart to submit a “suggested” redacted version of the warrant affidavit for the Mar-a-Lago search executed on August 8, 2022.

The federal magistrate judge who authorized the warrant to search Donald Trump’s Mar-a-Lago estate emphasized Monday that he “carefully reviewed” the FBI’s sworn evidence before signing off and considers the facts contained in an accompanying affidavit to be “reliable.”

Magistrate Judge Bruce Reinhart offered his assessment in a 13-page order memorializing his decision to consider whether to unseal portions of the affidavit, which describe the evidence the bureau relied on to justify the search of the former president’s home.

“I was — and am — satisfied that the facts sworn by the affiant are reliable,” Reinhart said in the order.

Reinhart ruled last week that he would consider unsealing portions of the affidavit after conferring with the Justice Department and determining whether proposed redactions would be sufficient to protect the ongoing criminal investigation connected to the search. But in his order, Reinhart emphasized that he may ultimately agree with prosecutors that any redactions would be so extensive that they would render the document useless.

The last sentence of that quote is the key. Unless DOJ is going to capitulate to the clicks and reads voyeurism of the overly exuberant political press, nothing whatsoever should be released unless and until charges are filed against some defendant, whether it be Trump or otherwise. Why? Because that it how it is done, and properly so.

Reinhart has received abuse and threats. Is his willingness to even entertain a “redacted version” sound under such threat? His decision will yield the answer to that question.

In the meantime, I have a proposed example of what DOJ should submit to Reinhart. Yes, this example is from CAND, not SDFL, but it is exactly what ought be handed over to Reinhart. And if Reinhart grants any “redacted version”, DOJ should appeal immediately and fully. Leave the affidavit sealed. The voyeuristic public, and press, thinks they have an interest because Trump. But they really do not. Do it the right and normal way.

“It’s a Tremendous Amount of Information:” The Details about Alex Jones’ Phone

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Hours before the jury awarded over a $4 million compensatory damages against Alex Jones, his attorney Andino Reynal made a desperate attempt to get a mistrial based on his own fuckup.

As part of the exchange that ensued, plaintiff’s lawyer Mark Bankston laid out the dilemma facing Reynal upon discovering he had sent the crown jewels to the plaintiffs. What Bankston got sent included highly confidential records from the Connecticut plaintiffs, records he shouldn’t have had.

He says I will work on preparing you a new link. In other words, the idea here, your honor, because I don’t think this is true is that what he was wanting to provide to me was maybe I guess some last minute supplemental production, right, before this trial, days before this trial?

I don’t think that’s what was happening. And the reason I don’t think that’s what was happening is because Mr. Reynal never worked on preparing me a new link. He never ended up sending me, here is the correct material. Instead, he went to trial, and waited until after his client got off the stand and now says, Oh I meant to send him more materials. So what we’re basically hearing is that Mr. Reynal, at that point, if that story is true, knew that he was supposed to supplement his discovery, knew he was supposed to provide those materials to me, and when I alerted him that he failed to do that and provide me something else, he just ignored it, decided I’m not going to supplement discovery. So if that’s true, if that story is true, we have a willful violation of discovery by Mr. Reynal, to allow this case to go to trial with documents that he says he needed to provide to me. That in and of itself is sanctionable.

But that’s not the real story of what happened here. It’s just not. We know what happened here. Norm Pattis, up in Connecticut, was passing this file along to Mr. Reynal. And I know that because the directories contain SharePoint OneDrive backups of Norm Pattis’ computer. He’s providing it to Mr. Reynal and that, your honor, is also independently very troubling. Because Mr. Reynal talks about these medical records — that’s what he’s concerned about. These medical records. Well, one thing I can tell you right now, your honor, when I figured out that I had the confidential psychiatric records of all nine Lafferty plaintiffs and their confidential depositions? I immediately destroyed them. And I told Chris Mattie, plaintiff’s lawyer up there that I’ve done that. He is on notice that those materials are not in my possession. But I told him, look, I trust my staff. They’re good people. And I trust that those materials were never leaked. But nonetheless, that is a significant data breach against his clients. And what’s most concerning is that Mr. Reynal has not yet made an appearance in the Lafferty case. Mr. Reynal is not allowed to have those documents.

[snip]

The other problem, your honor, is we have Mr. Reynal now asking you to seal up an entire universe of things which should have been produced at minimum six months ago. One of the things you also, I know you remember, is that for multiple prior discovery hearings, beginning as early as October of last year, we’ve been talking about text messages. Every single hearing. And then you remember we had that hearing in January where we had the disclosure that, wait a second, that Don Salazar or Nico Acosta, the producer up in Connecticut had produced some text messages up there that should have been responsive, should have been on Rob [LNU] phone, Alex Jones’ phone. Why don’t we have them. What’s going on? And you’ll remember in those series of hearings, right, when Mr. Reynal came here in March, and told you, no, those were only on Mr. Acosta’s phone. Mr. Jones — we’ve searched his phone, he doesn’t have text messages that are responsive.

So again, not only is this a fig leaf, to cover up the things he has broken with his client, this is a fig leaf to cover up that he had been misrepresenting to you for months, telling you that these things did not exist.

I’d like to summarize what was said in response, Axios style, to make it more accessible for further reporting.

  • Reynal’s legal assistant sent a file transfer link to Bankston, another of the plaintiff’s attorneys, as well as Reynal and another Jones attorney. The link led to a variety of other files, including confidential psychiatric files on the Connecticut plaintiffs
  • The entire file was around 300GB of material
  • 2.3GB of it is phone material, including “intimate messages with Roger Stone”
  • Reynal claims that based on his review, Jones’ phone “is not in there,” but instead a review copy of text messages of a six month period between August of 2019 and the first quarter of 2020
  • This happened once before, but in that case, Jones’ lawyers successfully identified privileged material and clawed it back
  • Judge Maya Guerra Gamble agreed that the material should have been turned over a year ago
  • Bankston has been asked by January 6 Committee to provide the phone and the plaintiff’s counsel in Lafferty (the latter of which can be shared under an information sharing order)
  • Gamble suggested Reynal has made 17 requests for a mistrial and that Bankston has spent so much time in trial he has had no time to search on the material

Update: Jurors have awarded $45.2 million in punitive damages against Jones, though it seems this will be capped under Texas law.

Something Stinks about Kentucky but It’s a Complex Stink

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[NB: check the byline, thanks. /~Rayne]

There are a bunch of people running around hair on fire right now bitching loudly and often about Biden fail.

Unfortunately much of this is a bunch of reflexive self sabotage by people who aren’t slowing down to take a fucking breath and think things through.

Take a moment and inhale deeply, then exhale. Take a second to relax before the questions after this jump.

~ ~ ~

What would you trade for 30-40 federal judgeships nominated by Biden and approved by the Senate before the end of this congressional term?

Would you trade one judgeship?

Now imagine if all of the 30-40 vacancies are filled with judges who have solid cred with Democratic Party values (read: pro-choice, pro-voters rights, pro-human rights).

Would you trade one future judgeship nominating an anti-abortion judge in a state which leans GOP for these vacancies?

That’s the deal Biden is reported to have made with Mitch McConnell over a single federal judgeship picked by the Federalist Society earmarked for the next (not currently open) seat in Kentucky.

~ ~ ~

Here’s where it gets all fucked up:

There’s no obvious open pre-emptive communications from the White House about this deal and what’s on the table. I imagine Biden didn’t want to piss off McConnell or the rest of the GOP in order to pull off this deal so the White House went mum. There’s no open seat so why get people rattled about this one seat while everyone is still extremely anxious over SCOTUS’ bullshit Dobbs decision overturning Roe.

The media is doing is usual bullshit; Gannett-owned Courier-Journal in Kentucky is the originating source for this story, and it’s solidly locked behind a paywall as most local Gannett papers tend to do. I can’t tell exactly what the sourcing was for this reporting because I can’t read it. For all I know the source was The Federalist Society itself, intent on fucking with Biden’s approval rating. Or McConnell who so far has done plenty to trash Biden’s approval with wall-to-wall obstruction holding all 50 GOP senators by the short hairs. Or perhaps even Rand Paul being his usual prickish self. Nobody running around yelling right now can offer any more details about sourcing.

Now G/O Media outlet Jezebel is running around trashing Biden based on Courier-Journal’s reporting:

Biden’s latest, deeply hypocritical move comes after he claimed to be fiercely defending women’s right to abortion now that states have been given the green light to ban it outright.

It’s as if they didn’t read the sourcing of their own fucking reporting, like this bit right here:

The federal courts are extremely important right now. The Republican Party’s (read: Mitch McConnell’s) entire strategy for the past few years has been to pack them with conservatives who will shut down any lawsuit attempting to defend abortion rights. Biden is under a lot of pressure to fill the current court vacancies he has with judges who are friendly to reproductive rights. And instead, he is making deals with McConnell to allow more anti-abortion judges into the fray.

The link is to a piece in Bloomberg Law, which reports,

Progressives want the White House and Senate Democrats to move faster. The usual summer congressional slowdown and November midterm campaigning leaves limited time for committee and floor action before a lame-duck session to end the year.

Senate Democrats, who have confirmed 16 circuit nominees in the first year and a half of Joe Biden’s presidency, are aiming to nearly double the tally in the next six months.

But filling all available vacancies is unlikely without changes to how the majority manages vetting, said John Collins, a George Washington University professor who tracks judicial nominations. “I just don’t think there’s enough time,” Collins said.

The hazard for Biden is that a Republican-controlled Senate would confirm few, if any, of his appellate nominees during the final two years of his first term. The 13 circuit courts are the last word on virtually all federal appeals.

Progressives wanted more federal judgeships faster.

Senate Dems want to confirm 32 before the end of the year.

If the Democrats can streamline vetting, there are at least 40 vacancies to be filled — not a one of them in Kentucky.

McConnell wants one future judgeship vacancy in his state in order to facilitate rapid approval.

But that’s not what Jezebel wanted to tell you. Oh no — it’s easier to fall back on the tried-and-true the “Biden’s Busted” variant of “Dems in Disarray” crap because the media in general has conditioned its audience not to question this. You the reader are meant to be braindead and go with it because you’ll have to pay to validate the reporting of one story to get to the bottom of this and you the audience may not know where and how to look for the number of federal judgeship vacancies.

Like here.

Just look at all the pretty red state vacancies!

~ ~ ~

Now the caveat: because the White House hasn’t issued formal communications about this alleged deal, it’s just that, an allegation — pure vaporware. We do not know with a degree of certainty who agreed to what in order to accomplish their aims.

Until we see something formal directly from a party to the agreement, this should be treated as speculation.

And it’s speculation Jezebel fell for, hook, line, and sinker.

(Side note: Probably doesn’t hurt to recall G/O Media is the successor to Gawker. Gawker’s Gizmodo outlet  fell for bullshit about Facebook being biased against conservatives just in time to get played before the 2016 election really heated up and Gawker went bankrupt thanks to Peter Thiel.)

~ ~ ~

There are a LOT of “Biden/Dem Fail” stories out there right now kicking around social media. Do NOT take them at face value. Dig in, looking for sourcing and attribution, business model if any involved; always ask, “Cui bono?”

For crying out loud we all know the right-wing continues to follow Bannon’s playbook, “flooding the zone with shit”; they’re desperate to push both the House January 6 Committee hearings and the anger of childbearing people off the front page and out of social media.

That’s not to say the Democrats at various levels of the party ecosphere aren’t screwing up. Communications are a massive problem; they’re not bringing their A-game even though they know the right-wing ecosphere is well organized, well funded, and willing to be extremely nasty. Yet Dems top to bottom, elected to grassroots are still bringing butter knives to AR-15 gunfights instead of embracing the Chicago Way.

(As much as I respect Michelle Obama and her ethic, “We go high,” it doesn’t work with Nazis and Nazi enablers. Punch Nazis literally and figuratively. Concede no ground.)

Most — not all, thank you Elizabeth Warren and Alexandria Ocasio Cortez, for example — are making huge mistakes with fundraising right now off the back of the Dobbs decision. Stop it. Just stop.

Make instead an ask for action, tell Democratic voters what they can do first in order to beat back the fascist GOP’s attacks. Make money an ask at the end, not first.

And for dogs’ sake, get the fundamentals right, like copy editing and proofreading. Nothing makes any ask look more like a phishing attempt than half-assed communications.

But elected and appointed Dems, and Democratic Party officials with the DNC or state parties aren’t the only ones fucking up.

We are when we swallow bullshit without questioning it first, without pushing back whether there’s any merit to the bullshit or not, when we share the bullshit like stenographers without making a truth sandwich first a la George Lakoff, and when we don’t do our bit to be the left-wing media ecosphere we don’t otherwise have because we don’t buy big corporate media machines like the right-wing does. Share good, accurate news, rinse, repeat. Focus on driving constructive action.

Stop letting the right-wing kick our asses. Pull up your big people panties and fight back like you mean it. Make sure you’re aiming at your opposition not your own team.

Open Thread: SCOTUS End of Term Releases

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This is an open thread focused on Supreme Court orders and decisions released this week, the final week of the court’s term.

Check these Twitter accounts for more updates and analysis:

SCOTUS updates: https://twitter.com/USSupremeCourt – Updates

SCOTUSblog: https://twitter.com/SCOTUSblog – Analysis

Steve Vladeck: https://twitter.com/steve_vladeck – Dedicated thread with updates and analysis

Chris Geidner: https://twitter.com/chrisgeidner – Dedicated thread with updates and analysis

If you want to suggest any other Twitter accounts to follow for SCOTUS news and analysis, please share in comments.

~ ~ ~

Any updates will appear at the bottom of this post; please bear with any content burps as this page may be edited as the day progresses.

All comments related to the House January 6 Committee hearings should be shared in those dedicated threads, not here

To new readers and commenters: welcome to emptywheel. New commenters, please use a unique name to differentiate yourself; use the same username each time you comment.

Comment policy

Community guidelines

If you are leaving a comment, please be concise; 100 words is the optimum length.

If you are sharing active links your comment may be delayed by auto-moderation.

If contributors and moderators seem slow, it’s because they’re dealing with higher than usual volume of comments including trolling.

Caution: moderators will have much lower tolerance for trolling.

~ ~ ~

28-JUN-2022

Ardoin, LA Secretary of State, et al. v. Robinson, Press, et al.

Certiorari Granted

Stay granted 6-3 by SCOTUS, essentially fucking over Black voters in Louisiana for this mid-term election by way of the shadow docket.

~ ~ ~

29-JUN-2022

Oklahoma, Petitioner v. Victor Manuel Castro-Huerta

5-4 decision, Kavanaugh majority opinion, Gorsuch with dissent

Blackhawk’s next tweet encapsulates much of the problem with this particular SCOTUS iteration:

This court is not legitimate because it fails to recognize previous SCOTUS decisions, undermines fundamental human rights, and tears at democracy, while re-colonizing Native American nations without the express approval of U.S. legislature, or the re-colonized by nation, or by bodily autonomy.

It is a superlegislature supplanting the role of the legislative branch while frustrating the executive branch’s ability to fulfill functions outlined in legislation.

Given what it has already done this term, what are the odds this same court further destroys the executive branch’s long-recognized functions in its last decisions on West Virginia v. EPA and Biden v. Texas this term?

~ ~ ~

29-JUN-2022

Le Roy Torres, Petitioner v. Texas Department of Public Safety

5-4 decision, Breyer majority opinion, Kagan concurring, Thomas dissent

SCOTUS finds in favor of U.S. veterans’ rights. Texas agreed upon becoming a state that its sovereignty was subordinate to federal policy; this will tweak the noses of Texas secessionists.

The disturbing part of this decision:

It’s as if the four dissenters don’t realize they’re arguing against their own legitimacy. If federal law isn’t supreme, why is their court supreme?

Or is that the point, they’re making yet another argument for states’ rights?

~ ~ ~

Open Thread: SCOTUS Release Day 2 of 2

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This is an open thread focused on Supreme Court orders and decisions expected to be released today, Thursday June 23, 2022.

Check these Twitter accounts for more updates and analysis:

SCOTUS updates: https://twitter.com/USSupremeCourt – Updates

SCOTUSblog: https://twitter.com/SCOTUSblog – Analysis

Steve Vladeck: https://twitter.com/steve_vladeck/status/1539971356204212226 – Dedicated thread with updates and analysis

Chris Geidner: https://twitter.com/chrisgeidner/status/1539971614690840576 – Dedicated thread with updates and analysis

If you want to suggest any other Twitter accounts to follow for SCOTUS news and analysis, please share in comments.

~ ~ ~

Any updates will appear at the bottom of this post; please bear with any content burps as this page may be edited as the day progresses.

All comments related to the House January 6 Committee hearings should be shared in those dedicated threads, not here

To new readers and commenters: welcome to emptywheel. New commenters, please use a unique name to differentiate yourself; use the same username each time you comment.

Comment policy

Community guidelines

If you are leaving a comment, please be concise; 100 words is the optimum length.

If you are sharing active links your comment may be delayed by auto-moderation.

If contributors and moderators seem slow, it’s because they’re dealing with higher than usual volume of comments including trolling.

Caution: moderators will have much lower tolerance for trolling.

~ ~ ~

 

Open Thread: SCOTUS Release Day 1 of 2

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This is an open thread focused on Supreme Court orders and decisions expected to be released today, Tuesday June 21, 2022.

More will be released on Thursday, June 23.

Follow Chris Geidner for SCOTUS news:

Check these Twitter accounts for more updates and analysis:

SCOTUS updates: https://twitter.com/USSupremeCourt – Updates

SCOTUSblog: https://twitter.com/SCOTUSblog – Analysis

Steve Vladeck: https://twitter.com/steve_vladeck/status/1539244516615540736 – Dedicated thread with updates and analysis

Chris Geidner: https://twitter.com/chrisgeidner/status/1539239966911471616 – Dedicated thread with updates and analysis

If you want to suggest any other Twitter accounts to follow for SCOTUS news and analysis, please share in comments.

~ ~ ~

Any updates will appear at the bottom of this post; please bear with any content burps as this page may be edited as the day progresses.

All comments related to the House January 6 Committee hearings should be shared in those dedicated threads, not here

To new readers and commenters: welcome to emptywheel. New commenters, please use a unique name to differentiate yourself; use the same username each time you comment.

Comment policy

Community guidelines

If you are leaving a comment, please be concise; 100 words is the optimum length.

If you are sharing active links your comment may be delayed by auto-moderation.

If contributors and moderators seem slow, it’s because they’re dealing with higher than usual volume of comments including trolling.

Caution: moderators will have much lower tolerance for trolling.

~ ~ ~

 

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