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President Obama told a press conference after the Supreme Court hearings on the healthcare law: "For years, what we've heard is the biggest problem on the bench was judicial activism or the lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law." In doing so Obama was framing the argument he might use should the Court rule against the law, putting the Supreme Court in the role of villain placing its judgement ahead of elected representatives, as the U.S. moves into the presidential election in November 2012.

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At a time in Jan. 2022 when 73% of Americans have received two dose vaccines and 39% have a booster shot according to the CDC, the US Supreme Court is deliberating on the Biden vaccine mandate that seeks to get the rest of the people vaccinated.

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There is strong support in the US congress for overhaul of Section 230 that gives legal immunity to "tech" companies for third party content hosted on their sites. The case now goes to the US Supreme Court.

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Supreme Court Justices, Roberts, Jackson, Thomas, Kavanaugh, and Alito remain unpersuaded by TikTok arguments before the Court. TikTok's foreign ownership and possibility of the enormous data it collects being over many years in the hands of foreign powers is not taken lightly by the Court. Chief Justice John G. Roberts Jr. -“Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?”  Justice Elena Kagan- “How are those First Amendment rights really being implicated here?” Justice Samuel A. Alito Jr.- It is “an enormously powerful, popular application” that is “gathering an arsenal of information about American citizens.” Justice Kavanaugh- “There is a long tradition of preventing foreign ownership or control of media in the United States.” ...

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Efforts by Special Counsel Jack Smith to keep the case on the US election on schedule on March 4, 2024, by taking it to the US Supreme Court.

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The Supreme Court of the US lets stand the ruling of lower courts and the National Labor Relations Board that says unions can organize and represent workers on the docks in container terminal at South Charleston. The Charleston terminal is in right-to-work state South Carolina. It is the fourth largest container terminal on the East Coast after NY NJ Terminal, Port of Savannah Terminal, and Port of Virginia. A new terminal is being built at Savannah on 395 acres to handle addition 2 million containers per year. Savannah, Georgia is another right-to-work state. Georgia Ports Authority now says it is talking to the ILA and the decision for union labor will not affect its plans for expansion. The Biden administration has supported cost of living action through increase in workers wages and helping workers organize through unions after a long period when labor was not able to push for a fair wage and the relationships between labor and employers were excessively drifting against workers. Rail strikes were settled with an agreement, auto strikes were settled with Biden on the picket lines in Detroit for the United Auto workers. International Longshoremans Association labor efforts at NLRB are part of this story of Biden and the changing face of labor in the US.   ...

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The Indian Supreme Court on July 27 upholds the core amendments to the Prevention of Money Laundering Act (PMLA)  which gives the enforcement authority, the Enforcement Directorate ED, the powers to make summons, arrest, and other powers to enforce the law. The Supreme Court called the PMLA a law against "the scourge of money laundering." After independence in 1947 some of the problems that Mohandas Gandhi witnessed in the early Congress party ministries allowed by the British in the 1930's became a part of the political fabric as accepted ways of operating. It is only in the last decade that these practices have come to be seen as inconsistent with the development of the country and ones that would have been rejected outright by Mohandas Gandhi as inconsistent and repelling to his India of Hind Swaraj. In a 545 page judgement the Special Bench of Justices AM Khanwilkarm Dinesh Maheshwari, and CT Ravikumar, stated that- "This is a sui generis (unique) legislation... The Parliament enacted the Act as a result of the international commitment to sternly deal with the menace of money laundering of proceeds of crime having transnational consequences." Mohandas Gandhi would be appalled by how elected ministries operated in the India that followed in the first decades after 1947. Not only were some of the basic principles of honest government being violated, it was being done with such impunity that over time it crept into the culture of how things operated in India, destroying any confidence the people had in the responsibilities of government and its ability to deliver on those responsibilities. The Supreme Court has now taken up the task of restoring some of the integrity of Gandhi's Hind Swaraj with its statement that- "Money laundering is an offence against the sovereignty and integrity of the country." Money laundering the SC says is "every process and activity", direct or indirect dealing with the proceeds of crime. Justice Khanwilkar wrote: "Today, if one dives deep into the financial systems, anywhere in the world, it is seen that once a financial mastermind can integrate the illegitimate money into the bloodstream of an economy, it is almost indistinguishable. In fact the money can simply be wired abroad at one click of the mouse. It is well known that once this money leaves the country, it is almost impossible to get it back. Hence a simplistic argument  that Section 3 (offence of money laundering) should only find force once the money has been laundered, does not commend to us."   ...

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Amy Coney Barrett and Barbara Lagoa are two judges Mr. Trump is considering for appointment to the U.S. Supreme Court to replace Justice Ginsburg, as he proceeds to nominate a Justice "without delay." 

Barrett is a Judge who has served for 2 years on the 7th Circuit Court of Appeals. She is a devout Roman Catholic and a legal scholar from Notre Dame University in Indiana. Lagoa is a judge on the 11th Circuit Court of Appeals and the first Latina on the Florida Supreme Court. Trump's nominee is likely to be confirmed quickly by the Senate as Republicans have 53 members in the Senate from a total of 100 members. Democrats want the nomination to be done after a president is elected in January 2021.

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Under the law overturned by the US Supreme Court it was illegal to carry a gun openly and a permit was needed in New York to carry it concealed. Three Supreme Court Justices appointed by president Trump were of a disposition that opposed gun control laws- Gorsuch, Kavanaugh, and Barrett. The requirement under the New York law was that you had to show "good moral character" and "cause" to carry a concealed weapon or carry a gun openly. Many other states have such laws in California, Hawaii and urban states in the north east. Republican states are loosening gun control laws. This comes as many random shooting incidents are taking place in the US some in schools and grocery stores, the most recent being a shooting in Buffalo, NY. The vote was 6-3 after the Supreme Court for years had avoided hearing such cases based on Second Amendment rights from the Constitution that some had interpreted to include freely carrying guns without any common sense restrictions. This issue is second only to abortion as a cultural issue in the US on which sides are taken by the public including the Supreme Court Justices selected by Mr. Trump. Though not directly apparent these and issues of immigration, other cultural issues surrounding gay rights are putting those who would normally come together on issues of national interest on opposite sides when it comes to common sense support for everyday issues of feeding families, keeping workers employed in good factories at home, child care, education, health care, fair wages, restoring America's manufacturing leadership and bringing back manufacturing to the US. The emergence of Tech and tech companies, Silicon Valley, the finance sector in New York, has reinforced the prejudice in these opposing sides as Tech and the finance sector have largely embedded themselves into the Democratic side. Tech and finance sector employees with higher incomes have largely insulated themselves from the interests of ordinary workers and families creating a split Democratic party when it comes to supporting workers and families who form the vast majority of the American people. In a sense today the national interest is separate from these cultural issues and supporters of national interests can be found in both parties who can look beyond and above these cultural issues. It is also where many of these cultural issues can be resolved to some degree using common sense on which most informed members of Congress can agree. This is true for gun control as a group of bipartisan Senators from both parties are preparing gun control around common sense principles that today are even beyond the capacity of the Supreme Court of the US that itself now reflects a raucous public sphere. ...

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A case on whether a US government official can pressure social media platforms to remove content the government deems harmful is before the US Supreme Court. During the pandemic president Biden sought to quell rumors and misinformation about Covid vaccines. An Appeals court in Louisiana took a very conservative position that social media platforms could not be pressured in any way even from the bully pulpit not as a bully, meaning even persuasion was not allowed. The US Supreme Court will issue its decision in 3 months after it votes and the majority opinion is assigned to be written by one of the Justices It appears to be skeptical of the Louisiana Appeals court position.This NYT report shows exchanges between the Louisiana lawyer, deputy Solicitor General Fletcher speaking for the government, and Justice Kavanaugh. Justice Kavanaugh seems to agree with Fletcher that as long as it was a bully pulpit, that the president is saying it is harmful, but not threatening, it is acceptable under the First Amendment for president to do so. The president saying the rumor and misinformation was "killing people" was still only bully pulpit, no threat was involved.  ...

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Janet Protasiewicz, a Democrat, wins 55% to 45% for Republican Daniel Kelly in the Wisconsin Supreme Court election. This gives Democrats a one vote majority in the Supreme Court. It will mean a challenge of a 1849 abortion law and the redrawing of the electoral maps that gives Republicans  a majority in the state assembly. The governor is Democrat Tony Evers and the legislature in Wisconsin has a Republican majority.  States in the midwest such as Michigan and Wisconsin played a part in Mr. Trump's gain of the presidency. Since then Ohio has moved into the Republican side, and the close contests are in places like Arizona, Pennsylvania and Georgia. Colorado moved to the Democratic side. Just 40,000 votes in Arizona, Georgia and Wisconsin separated Biden from Trump in the election of 2020 even though Biden had 7 million more votes than Biden because of the Electoral College system which goes by state's won. In 2016 Trump and Biden were separated by just 80,000 votes.   ...

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Texas under new state law S.B. 4 can  impose criminal penalties of upto 6 months in jail on non citizens who illegally enter Texas from Mexico. It allows state judges to order deportations to Mexico- without Mexico's consent- and allows local law enforcement to carry out the orders. The US Supreme Court upheld the US Court of Appeals 5th Circuit decision that says the law S.B. 4 passed in Texas can be enforced temporarily till it is submitted to the Court for final decision. Both Biden and Trump have visited the Texas border with Mexico. This was after Biden and Schumer passed a immigration bill 70- 30 in the Senate which Jim Lankford  Republican of Oklahoma had negotiated with Democrats. Biden said he would sign it to close the border- it would also change parole and asylum law to stop large illegal migration entirely. The former president intervened to stop passage in the House to keep the issue alive for 2024.

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Three finance ministers, Mr. Sinha, Mr. Chidambaram and Ms. Sitharaman, have favored strong action on PMLA, the preventing money laundering law, saying that it is of serious importance for the integrity and sovereignty of the country, says the Indian Supreme Court as it reproduces these statements. All have argued at different periods in favor of the interpretation of the law consistent with the judgement given by a special bench of the Indian Supreme Court last week.  It has significance in another respect, which is in restoring the faith of hundreds of millions of ordinary citizens in the local, state and federal governments. A faith that has been seriously eroded since independence and which affects the development of infrastructure and modernization of India, and the building of the defense capabilities of the country that rest on making India an advanced economy similar to China. India cannot build up its own financial and human resources to tackle that task with the constant erosion of trust in the management of development and infrastructure and in delivery, that has and is taking place in the country today. ...

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US Supreme Court Justices fail to grasp the importance of education and education affordability in the rise of America as an industrialized nation in the last 150 years- from a largely agricultural rural country to an advanced industrial economy. Comments by Supreme Court Justices show this clearly. Justice Roberts compares a college education to starting a lawn business, failing to grasp the importance of education and it being affordable for all when he asked yesterday whether it made sense to forgive loans made out by students and not say ones made out to someone starting a lawn care business.  Astonishingly the same lack of awareness prevails among Justices appointed by Democrats. Justice Kagan said- "Congress passed a law that dealt with loan repayment for colleges, and they did not pass a law for loan repayment for lawn businesses. And so Congress made a choice, and it may have been the right choice or the wrong choice, but that's Congress's choice." Kagan shows a lack of conviction about the value of education for the US economy, and the serious crisis with the lack of affordability of education in America in America's ability to compete with China and the European Union, through her words. Reporting in the WSJ has shown in the past year- the lack of college enrollment for young men graduating from high school where lack of affordability makes a college education out of reach, and young men falling behind young women. This is a serious problem that America has not seen in its rise as an industrialized advanced nation. The pandemic has worsened this problem. Reporting also shows federal funding of education remains underutilized today because it is seen as burdening with debt. President Biden seeks to change this perception of education that is deindustrializing America and failing the country in its efforts to compete in the world. Justice Roberts and Justice Kagan have both failed the country.     ...

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India's Supreme Court rules on Aadhaar, India's biometric identification program, saying privacy is a fundamental right. Aadhar was started in 2009 as a way to help the poorest citizens and prevent leakage of fuel and food subsidies, and to fight corruption. Using biometric technology the government of prime minister Modi has extended the program as a way to build a database of digital fingerprints, iris scans of most of India's 1.2 billion people as part of a way to extend this into a national id card system for driver licenses, bank accounts, travel on Indian railways, making financial transactions. The government contends that privacy is not a fundamental right in a poor country where most citizens suffer from corruption and leakage of services and subsidies, given that basic safeguards against abuse are introduced. The Court's decision says privacy rights should be taken into account against surveillance by the state and for protection of data, and that it was part of the intrinsic rights of citizens to life and liberty. ...

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We show here discussion of the the opinion of Samuel Alito Jr who made it an issue of state sovereignty so that Congress could but the federal government could not ban states from approving sports gambling. Yet in today's cost of living crisis with 4 out of 10 Americans lacking enough savings for a medical emergency, it shows that how even the Supreme Court lacks an understanding of the economic issues facing the Nation. Add to this that it made no difference whether they were liberal or conservative as Justice Breyer supported Justice Samuel Alito. The NCAA and NBA, most sports organizations, say the 1972 ban was needed for the integrity of sports. Alito in his opinion mentioned but did not give weight to the problems the SC was creating of "hook the young on sports gambling, encourage people of modest means to squander their savings, and corrupt professional and college sports." In calling the ban in his opinion "a more direct affront to state sovereignty is not easy to imagine," Justice Alito showed, and the 7-2 majority showed how little it cared about the effects on workers and their families of sports gambling. At a time of cost of living crisis and soon after the pandemic and people still struggling the Justices as in their decision on student debt relief have shown how little they understand the American people and the basic of freedoms. What Franklin Roosevelt called in 1935 State of the Union " the right to obtain for him and his a proper security, a reasonable leisure, and a decent living throughout life" that today is threatened from so many quarters. ...

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An unregulated social media may be the real issue. The states of Texas and Florida may be posing the wrong issue and are better off arguing for proper regulation of the social media companies. The social media and internet companies by fighting necessary regulation are saying they will be the regulators putting themselves in an position they cannot be in. The Supreme court then is addressing the wrong issues. It is Congress that has failed to properly regulate social media content even when it has and continues to pose a threat to the civility and willingness to listen to other people's opinions and respecting differences that is essential for democratic forms of government. John Kennedy confronting Cold War adversaries was still of the view that in the international scene one had to live together and cooperate wherever possible. Ultimately it is the public that has to reach this level of civility and educating the public on civics is an essential priority of the country. ...

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This NYT editorial on June 26, 2015, says the arguments of the plaintiffs before the U.S. Supreme Court for the Affordable Care Act were specious, based as they were on a reading of four words phrase in the Act leaving ambiguity about what exchanges were covered by health care subsidies. It says the plaintiffs with strong emotions on the subject decided to pull their argument out of thin air. That only one Justice acted as the swing vote, Justice Anthony Kennedy, shows the Supreme Court like the rest of the nation is not above emotion- Justice Scalia called the 6-4 decision based on "jiggery-pokery" and not "honest jurisprudence"- and needed Chief Justice Roberts to provide the larger view in 2015 as he did in 2012.

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"This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one. But the Supreme Court’s 6-3 decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do. The only limits will be those that are self-imposed by the person occupying the Oval Office.  "I served as a U.S. senator for 36 years, including as chairman and ranking member of the Judiciary Committee. I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today. I have great respect for our institutions and the separation of powers.What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.That’s why — in the face of increasing threats to America’s democratic institutions — I am calling for three bold reforms to restore trust and accountability to the court and our democracy.First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment." ...

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An excerpt from the hearings on the major questions doctrine and separation of powers with Congress. JUSTICE ROBERTS: Sometime ago you dismissed the applicability of the major questions doctrine, and I -- I want -- want you to explain that a little bit more. I mean, it seems that it might be directly applicable. You have a claimed source in IEEPA that had never before been used to justify tariffs. No one has argued that it does until this -- this particular case. Congress uses tariffs in other provisions but -- but not here. And yet -- and correct me on this if I'm not right about it -- the justification is being used for a power to impose tariffs on any product from any country for -- in any amount for any length of time. That seems like -- I'm not suggesting it's not there, but it does seem like that's major authority, and the basis for the claim seems to be a misfit. So why doesn't it apply again? GENERAL SAUER: Well, we agree that it's a major power, but it's in the context of a statute that is explicitly conferring major powers, that the point of the statute is to confer major powers to address major questions, which are emergencies. So it would be unusual... And another excerpt from the hearings on fentanyl- JUSTICE KAGAN: And, in fact, you know, we've had cases recently which deals with the President's emergency powers, and it turns out we're in emergencies everything all the time about, like, half the world. GENERAL SAUER: Well, this particular emergency is particularly existential, as Executive Order 14257 says, and, of course, no one disputes the existential nature of the fentanyl crisis, which, you know, we had an agreement last week to create progress on, which illustrates the effectiveness of the tariffs tool (this refers to the agrement with China last week by Nov 1 that cuts the 20% tariff from 20% to 10% if China completely cuts off flow of fentanyl from inside its borders.)  Clearly some in the US have not grasped the existential nature of the fentanyl crisis, a crisis of proportions so great that it would be an existential crisis for any nation. A concentration of the world's manufacturing in one nation with a trade surplus of $1 trillion with the world is also an emergency that extends into the existential sphere. ...

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How Google searches by Supreme Court justices brings up information used in deciding cases before the Supreme Court. The widespread use of searches in research by justices.

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What the Indian Supreme Court failed to do was ask for accountability for the nearly 3 years lost in timely delivery of infrastructure that was to be completed in 2021 for the $3 billion Metro subway for Mumbai. Work that was moving 24 hours a day 7 days a week under Ms Ashwini Bhide was stalled and left to stagnate. This is unconscionable for a country with 1.4 billion people and most under 35 years whose aspirations get repeatedly stuck in the mud by politicians and a mentality that has itself given into the way colonial powers looked at India of being undeveloped, dirty and disorganized. Mohandas Gandhi would have a hard time understanding that Hind Swaraj that he envisioned in 1910 could lead to this kind of stagnation. Mr. Jain points out that the Indian Supreme Court has left it to the Assembly Speaker to decide on the issue of disqualification of 16 MLA's- in effect leaving the new government in place which has a majority in the Maharashtra state assembly in India. The 2 party coalition was formed between Mr. Modi's party BJP in the state, the principal driver for infrastructure and 24 X 7 development in India, and Mr. Shinde's party on 30 June 2023.  From November 2019 to June 2023 for the period of the pandemic for 2 years and 8 months the state was under a government that stalled on major infrastructure projects in the state that were being done 24 hours a day. Such as a huge project that the WSJ called "audacious" run by Ashwini Bhide at MMRC with over $2 billion from the Japan International Cooperation Agency for a new METRO subway for Mumbai taking it into the 21st century from an old broken British rail system. Unfortunately neither the Supreme Court or the press delved into the loss of 3 years that added this loss in infrastructure that was to be completed in 2021 to the losses from the pandemic. The project is back to operating 24 hours a day 7 days a week under Ms. Ashwini Bhide since the Shinde government was formed in June 2023 with pm Modi's party in the state.  ...