LyrArc Article Gist
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.   ...

LyrArc Article Gist
Fears that a US Supreme Court with many Trump appointed judges could further upset women's rights after the SC's decision not to uphold women's right to abortion, lead to passing a bill in the US Congress that protects women's right to contraception.

LyrArc Article Gist
Supreme Court Justice could simply have retired and let then president Obama appoint her successor. She decided to stay into her eighties. As a result president Trump will choose a conservative as her successor and has the votes lined up in the Senate. In Britain the retirement age was changed from lifetime to 75 by an Act in 1959. In India the Constitution set the retirement age for the Supreme Court at 65. Only in the U.S. is this practice maintained.

LyrArc Article Gist
"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." ...

LyrArc Article Gist
The US Supreme Court will soon make a decision on the power of president Biden to take action on student loan forgiveness for millions of borrowers when Congress has failed to take action. 43 million people in the US holding $1.6 trillion in student debt would get some form of forgiveness under president Biden's $400 billion plan. Arguments will be made at the Supreme Court with a 6-3 Trump appointed majority of Conservative justices and a decision expected in June. Congress has failed to resolve this matter of debt affecting a large part of the US population leaving it to president Biden to offer some form of relief before a larger resolution is backed by Congress. A ruling will be made by June.

LyrArc Article Gist
Court blocks deportation of a group of Venezuelans on the basis of Alien Enemies Act of 1798, says other remedies can be tried. This is one of 4 laws passed under John Adams in 1798 to remove citizens or subjects of a hostile nation during times of war or invasion. The case now goes to the US Supreme Court. The Court of Appeals of the Fifth Circuit is based in New Orleans with 3 Judges making the decision. Bush appointee Southwick joined Biden appointee Ramirez against Trump appointee Oldham in a 2-1 decision. Oldham in a 131 page dissent says-“Today the majority holds that President Trump is just an ordinary civil litigant. His declaration of a predatory incursion is not conclusive. Far from it. Rather, President Trump must plead sufficient facts — as if he were some run-of-the-mill plaintiff in a breach-of-contract case — to convince a federal judge that he is entitled to relief.” Southwick does not appear to see this as an invasion ignoring the deaths from fentanyl and drug trafficking in the US, the strain on public resources and cities of uncontrolled flow of migrants in recent years, saying- “A country’s encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt or to otherwise harm the United States.” Yet even an armed organized force was pushed back in the War of 1812, and has little chance where the current problems have led to the deaths of more young Americans from drug trafficking than three times the deaths in the Vietnam and Korean Wars combined, three times the deaths in World War I and about 75% of the deaths in World War II, something that needs reflection and action. With the changing public sentiment in the UK and Europe and in the US on law and order and on migrants the Supreme Court is faced with coming up with a decision in the best interests of the Nation and its People. ...

LyrArc Article Gist
New York Attorney General Letitia James lawsuit against Mr. Trump uses a New York state law that gives the Attorney General wider scope to tackle corporate fraud. This includes inflating the value of assets to get corporate loans on favorable terms. NY Supreme Court Justice Engoron is hearing the case and the judge will decide the case in a bench trial- there is no jury. Justice Engoron made a sweeping ruling against the Trump properties and holdings and said the contours of the case have now changed as he ponders about what further action to take. He cancelled the certificates that the Trump properties need to operate.

LyrArc Article Gist
A US Supreme Court 6-3 ruling that president Biden calls one that "contradicts common sense and the Constitution, which should trouble us all." The 6 conservative Justices and 3 liberal Justices vote along party lines to strike down a century old New York law with restrictions on the use of concealed weapons or weapons carried openly. Appointments to the Supreme Court have only meant taking the party disagreements into the Court- Mr. Trump appointed 3 Justices Gorsuch, Kavanaugh and Brett who joined Thomas, Alito and Roberts, appointed by the 2 Bush presidents, for this decision. The three on the Democratic side Breyer appointed by Clinton, Sotomayor, Kagan appointed by Obama. Today the presidents who made these appointments Clinton, Obama, Bush and Trump are all seen in a different light with their thinking and ideas not drawing support from all corners of America for a common sense approach to the Constitution. Following the pandemic and the war in Europe there is a shift in thinking all over America and the world, and the old politics simply don't fit in with this. Biden calls this a decision that "contradicts both common sense and the Constitution."  A group of Senators from both major parties are coming up with a common sense approach in a gun control bill in the US Senate. ...

LyrArc Article Gist
President Trump wins two victories in his efforts to build a border wall on the southern border with Mexico and control the flow of migrants which he has called a national security crisis. The Supreme Court votes 5 to 4 to allow president Trump to use $2.5 billion in Pentagon funds to proceed building the wall. Mr. Trump also made an agreement with Guatemala where that nation will act a a gate keeper for people seeking to get asylum in the U.S. from economic problems in Central America.

LyrArc Article Gist
Gerard Baker in the WSJ says the abortion rulings of the Supreme Court and the Inflation Reduction Act, Climate Change bills have energized Democrats. He says that as the chances of president Trump running as the nominee of the Republican party in 2024 increased in August, the electoral prospects for Congress of the Republican party have diminished. He says the Mar-a-lago taking of documents by FBI and investigation are also now seen as part of national security issues.

LyrArc Article Gist
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. ...

LyrArc Article Gist
An emergency appeal to have the case on the travel ban to the Supreme Court has the disadvantage that of the 8 Justices on the court the ruling could end up at 4 against and 4 in favor. The 4 liberal Justices are unlikely to support it. Another more likely scenario is taking a conventional petition approach and this would mean a decision on whether the Supreme Court hears the case would come by April, and hearings starting in October. By that time Neil Gorsuch could be on the Supreme Court filling Judge Scalia's vacant position- leading to a decision, instead of a tie that leaves the appeals court decision to stop the travel ban in place.

LyrArc Article Gist
The White House event related to the nomination of Amy Barrett to the U.S. Supreme Court that reports suggest may have led to President Trump's infection with the coronavirus. The Rose garden party was attended by guests being at close quarters and many maskless with guests later entering the spaces inside the White House. As a result many of the people in the upper echelons of the Trump administration are now infected with the coronavirus as reported here in The Times. Many testing positive include a University president (Notre Dame), Senator Mike Lee, and others.

LyrArc Article Gist
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.

LyrArc Article Gist
Title 42, a Trump administration rule made it possible to send back migrants from Guatemala, Honduras, El Salvaor and Mexico now accounts for only 40% of immigrants, the rest are from other countries such as Nicaragua with which the US has no relations for sending people back. People from countries such as Russia, India are also crossing the border in this way. The US Supreme Court recently ruled that Title 42 cannot be terminated till it has looked at in more detail. The result is that people from many countries have crossed the the US border with Mexico in large numbers in 2022.

LyrArc Article Gist
BBC News looks at the Judge who will be handling the Trump New York indictment, Juan Merchan. He began his legal career in 1994 after graduating from Hofstra University School of Law. He worked in the Nassau County District Attorney's Office before becoming deputy assistant attorney general for Nassau County in 1999, and assistant attorney general for Nassau and Suffolk counties. He has served as a justice in the New York County Supreme Court since 2009. Merchan is described as a serious jurist, smart and even tempered, and a no-nonsense judge who is always in control of his courtroom.

Merchan has already handled a case against the Trump Organization and Mr. Weisselberg. In that courtroom he is reported to have said that he would not in any way allow anyone to bring up a selective prosecution claim, or claim that this is some sort of novel prosecution, that Weisselberg was somehow being targeted because of his association with Mr. Trump.

LyrArc Article Gist
President Trump announced that he is declaring a national emergency to bypass Congress and pursue building a wall on the U.S.-Mexico border. This comes as the president accepted $1.4 billion, a fourth of the $5.7 billion he had asked for from Congress. Mr. Trump hopes to add additional funding by declaring a national emergency as the U.S. Congress turned down his request for a longer wall. Congress only included funding for a 55 mile long fence along the Rio Grande River at the border with Mexico. To keep a campaign pledge to build that wall Mr. Trump acted with the support of Republicans including Senator Graham. Trump said he expected that "we'll be sued, and they will sue us in the ninth circuit, and then we will end up in the Supreme Court and hopefully we will get a fair shake." Under Trump's declared national emergency about $3.6 billion would be taken from the Pentagon's military construction fund and $2.5 billion from the Pentagon's drug interdiction programme. This will be challenged in the courts. Trump is under pressure from his support base to show that accepting the Congress offer of $1.4 billion and a 55 mile fence was equal to surrender. ...

LyrArc Article Gist
Judge Engoron of the New York State Supreme Court is the rarest of judges in his style, demeanor and use of everyday expressions. He was a cabdriver and a music teacher and more like everyday people in America.  NYT shows the 92 page legal decision in which Judge Engoron sets a fine of $355 million in the civil fraud trial of Donald Trump. Engoron cites a poet and uses rare language in his everyman style, saying: "The English poet Alexander Pope (1688-1744) first declared, “To err is human, to forgive is divine.” Defendants apparently are of a different mind. After some four years of investigation and litigation, the only error (“inadvertent,” of course) that they acknowledge is the tripling of the size of the Trump Tower Penthouse, which cannot be gainsaid. Their complete lack of contrition and remorse borders on pathological. They are accused only of inflating asset values to make more money. The documents prove this over and over again. This is a venial sin, not a mortal sin. Defendants did not commit murder or arson. They did not rob a bank at gunpoint. Donald Trump is not Bernard Madoff. Yet, defendants are incapable of admitting the error of their ways. Instead, they adopt a “See no evil, hear no evil, speak no evil” posture that the evidence belies." And calling it "this is not the defendent's first rodeo"- "In considering the need for ongoing injunctive relief, this court is mindful that this action is not the first time the Trump Organization or its related entities has been found to have engaged in corporate malfeasance. Of course, the more evidence there is of defendants’ ongoing propensity to engage in fraud, the more need there is for the court to impose stricter injunctive relief. This is not defendants’ first rodeo."     ...

LyrArc Article Gist
U.S. Supreme Court nominee BrettKavanaugh, a Court of Appeals judge in the District of Columbia, could affect the Mueller investigation and issues of pardon, because of his expansive views of the presidency. He was part of the Kenneth Starr investigation of president Clinton. During that investigation he pursued it vigorously but later his opinion was that the president should be not distracted from his important duties, and should have some freedom from being prosecuted. For this reason it is not clear how he would act in the Mueller investigation. President Trump could have considered this when he selected Kavanaugh, says this report.

LyrArc Article Gist
Kendall and Bravin of the WSJ give an insightful report about how  Neil Gorsuch, Trump's nominee for the seat vacated by Judge Scalia, could be different when he sits with the other members of the court. Personality, style and interactions could determine how Gorsuch acts, as much as his beliefs that resemble that of Judge Scalia. Anthony Kennedy is seen as someone who mentored Gorsuch in 1993-1994, when Gorsuch clerked for Judge Anthony. Their is mutual respect for a mentor even when opinions differ. Then there is the personality and style of Chief Justice Roberts who has stood for judicial restraint. If there is some excessive effort to turn the Court into a political body as opposed to being neutral, would Gorsuch prefer a level of judicial restraint as a preferred alternative, is a question posed in this report.

LyrArc Article Gist
US Business has considerable apprehension about the former president in 2024 compared to its willingness to consider Trump in 2016. At the time executives from investment bank Goldman Sachs and heads of oil companies joined the Trump administration. This time US business and corporate interests are apprehensive about becoming the target of a tweet they might find the next morning under a Trump administration. They are not supportive of student loan forgiveness, but when it comes to the CHIPS and Science Act they see president Biden as effective and helping industry. Business leaders have a negative view on the Trump effort through appointment of 3 Supreme Court Justices of overturning decades old rights of women on abortion, and on this issue alone many will support Harris-Walz, overriding other concerns they might have. The visions of Harris and Trump are so vastly different with one calling climate change a hoax and hyping up social issues and infrastructure needs without any record of delivery when in office, and the other a strong position on climate change, wages and income, delivering on infrastructure and CHIPS that US Business. The result is that it leaves US Business with no better option in 2024 than to support the vision  that takes America forward. There are different sections of the business community which have different priorities.  Silicon Valley, and oil, pharmaceuticals because it profits most from light regulation which brings with it social costs is a special issue not addressed here. Other business, banking, automobiles, and a range of other industries have other priorities yet also see the need for the economy and the US to move forward with a different vision than one that simply ignores climate change, and fails to address child care, child poverty, wide disparities in wealth, and other issues facing of wages, cost of living facing most Americans.  ...

LyrArc Article Gist
Neil Gorsuch, Supreme Court nominee, says at a Congressional confirmation hearing, that he is independent, has made no promises to anyone, and can vote against any party. On Roe vs. Wade Gorsuch made this comment- "I would tell you that Roe v. Wade, decided in 1973, is the precedent of the U.S. Supreme Court, and all of the other factors that go into analyzing precedent have to be considered." Earlier articles in NYT have said that Gorsuch appears to be independent. On precedent Gorsuch also said "its our shared family history as judges, as a good judge you don't approach that question anew as if it has never been decided."

LyrArc Article Gist
Corey Brettschneider of the NYT provides a detailed look at Supreme Court nominee Gorsuch's possible views on abortion and Roe v. Wade, though he has said little directly on the subject. It looks at the views of his mentor and dissertation advisor at Oxford, Prof. Finnis, and on whether abortion is a matter for states to decide.