Supreme Court rules states cannot remove Trump from ballot for insurrection

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By Amy Howe on March 4 at 12:09 p.m.

In an unsigned ruling on Monday, the Supreme Court ruled that states cannot disqualify former President Donald Trump from the ballot for his role in the Jan. 6, 2021, attacks on the U.S. Capitol. The court held that only Congress can enforce Section 3 of the 14th Amendment, which bars former officers of the United States who “engaged in insurrection or rebellion” from holding office again, against candidates for federal offices.

former President Donald Trump walking on stage

Although the court did not say so expressly, decisions in Maine and Illinois will presumably also be reversed in light of Monday’s decision. (Gage Skidmore via Flickr)

By Amy Howe on March 4 at 12:16 p.m.

Over a dissent from Justices Thomas and Alito, the court on Monday sent a dispute over “bias-response” policies at universities back to a lower court with instructions to dismiss the case. Virginia Tech, the school at the center of the dispute, had changed its policy since being sued.

By Amy Howe on Feb. 28 at 5:31 p.m.

In a one-page order on Wednesday evening, the court agreed to decide whether former President Donald Trump can be tried on criminal charges that he conspired to overturn the results of the 2020 election. Trump claims he has presidential immunity from prosecution. The case will be heard in April.

By Amy Howe on Feb. 28 at 3:41 p.m.

While some justices at oral argument worried about how bump-stock owners would fare under a 2018 regulation that criminalized a product they already owned, others suggested that, with the ability to fire hundreds of rounds per minute, semiautomatic rifles equipped with bump stocks were precisely the kind of weapons Congress intended to bar as “machine guns.”

Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. Professor Stephen Vladeck has closely tracked that change in recent years and joins Amy to discuss his new book The Shadow Docket.

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By Ellena Erskine on Mar 08, 2024 at 10:50 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Biden admonishes the Supreme Court for overturning Roe v. Wade (Natasha Korecki, NBC News)
Trump ballot ruling raises new questions even as it answers others (Patrick Marley, The Washington Post)
US pharma group opposing abortion pill restrictions also backs Republicans attacking drug (Carter Sherman, The Guardian)
The Constitution Turned Upside Down (Sean Wilentz, The New York Review of Books)
Who Exactly Is Behind the Supreme Court’s Big Mifepristone Case? (Melissa Gira Grant, The New Republic)

By Ellena Erskine on Mar 07, 2024 at 10:39 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Thursday morning read:

Supreme Court will hear Trump presidential immunity argument April 25 (Kevin Breuninger, CNBC)
Trump’s on the ballot, but the Supreme Court left key constitutional questions unanswered (John Fritze & Marshall Cohen, CNN)
Momentum builds in major homelessness case before U.S. Supreme Court (Claire Rush, The Associated Press)
Supreme Court wants $19.4 million in new funds to protect the justices and their homes (Maureen Groppe, USA Today)
A Bias Response Team Evades Justice at the Supreme Court (Editorial Board, The Wall Street Journal)

By Ellena Erskine on Mar 06, 2024 at 10:40 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Wednesday morning read:

US Supreme Court seeks security funding to protect justices, homes (Nate Raymond, Reuters)
The Perils of Inconsistent Judicial Role Morality (Steve Vladeck, One First)
In Trump Cases, Supreme Court Cannot Avoid Politics (Adam Liptak, The New York Times)
The Supreme Court Just Delivered a Rare Self-Own for John Roberts (Richard Hasen, Slate)
The tyranny of America’s Supreme Court (Edward Luce, The Financial Times)

By Ellena Erskine on Mar 05, 2024 at 10:42 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Tuesday morning read:

Supreme Court temporarily blocks new Texas immigration enforcement law (Lawrence Hurley, NBC News)
Trump Prevails in Supreme Court Challenge to His Eligibility (Adam Liptak, The New York Times)
Takeaways from Trump’s Supreme Court win: He stays on ballot, but his legal peril is just starting (Nicholas Riccardi, The Associated Press)
Supreme Court ruling darkens critics’ hopes for a judicial curb on Trump (Sarah Ellison & Toluse Olorunnipa, The Washington Post)
The Supreme Court’s Confused Ruling on the Trump Ballot Case (Aziz Huq, Time)

By Ellena Erskine on Mar 04, 2024 at 9:28 am

This morning at 10 a.m. EST, the court expects to issue one or more opinions in argued cases from the current term. Join us for live coverage. Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Monday morning read:

The Supreme Court could decide Monday whether Trump can be barred from the 2024 ballot (Mark Sherman, The Associated Press)
Backlogged with blockbuster cases, Supreme Court takes on Trump (Ann E. Marimow, The Washington Post)
Yet More Donald Trump Cases Head to the Supreme Court (Amy Davidson Sorkin, The New Yorker)
Appeals Court Intervenes in Legal Showdown on the Texas Border (J. David Goodman, The New York Times)
The Enormous Pressures About to Land on Judge Tanya Chutkan (Ankush Khardori, Politico)

March 2023

Su	Mo	Tu	We	Th	Fr	Sa
			1 New York v. New Jersey (22O156) oral_arguments	2	3 Conference private_conferences	4
5	6 Orders orders	7	8	9	10	11
12	13	14	15	16	17 Conference private_conferences	18
19	20 Orders orders Arizona v. Navajo Nation (21-1484) oral_arguments	21 Opinions opinions Abitron Austria GmbH v. Hetronic Int’l, Inc. (21-1043) oral_arguments Coinbase, Inc. v. Bielski (22-105) oral_arguments	22 Jack Daniel’s Properties v. Vip Products (22-148) oral_arguments	23	24 Conference private_conferences	25
26	27 Orders orders Amgen Inc. v. Sanofi (21-757) oral_arguments United States v. Hansen (22-179) oral_arguments	28 Opinions opinions Smith v. United States (21-1576) oral_arguments Lora v. United States (22-49) oral_arguments	29 Samia v. United States (22-196) oral_arguments Polselli v. IRS (21-1599) oral_arguments	30	31 Conference private_conferences

April 2023

May 2023

June 2023

Su	Mo	Tu	We	Th	Fr	Sa
				1	2	3
4	5 Orders orders	6	7	8 Conference private_conferences Opinions opinions	9	10
11	12 Orders orders	13	14	15 Conference private_conferences Opinions opinions	16 Opinions opinions	17
18	19 Juneteenth holidays	20 Orders orders	21	22 Conference private_conferences Opinions opinions	23 Opinions opinions	24
25	26 Orders orders	27 Opinions opinions	28	29 Opinions opinions	30 Opinions opinions

July 2023

August 2023

September 2023

October 2023

Su	Mo	Tu	We	Th	Fr	Sa
1	2 Pulsifer v. United States (22-340) oral_arguments	3 Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited (22-448) oral_arguments	4 Acheson Hotels, LLC v. Laufer (22-429) oral_arguments	5	6 Conference private_conferences	7
8	9 Columbus Day holidays	10 Murray v. UBS Securities, LLC (22-660) oral_arguments Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (22-500) oral_arguments	11 Alexander v. South Carolina State Conference of the NAACP (22-807) oral_arguments	12	13 Conference private_conferences	14
15	16	17	18	19	20	21
22	23	24	25	26	27 Conference private_conferences	28
29	30 Culley v. Marshall (22-585) oral_arguments	31 O’Connor-Ratcliff v. Garnier (22-324) oral_arguments Lindke v. Freed (22-611) oral_arguments

November 2023

Su	Mo	Tu	We	Th	Fr	Sa
			1	2	3 Conference private_conferences	4
5	6 Department of Agriculture Rural Development Rural Housing Service v. Kirtz (22-846) oral_arguments	7 U.S. v. Rahimi (22-915) oral_arguments	8 Rudisill v. McDonough (22-888) oral_arguments	9 Conference private_conferences	10 Veterans Day holidays	11
12	13 Orders orders	14	15	16	17 Conference private_conferences	18
19	20 Orders orders	21	22	23 Thanksgiving Day holidays	24	25
26	27 Brown v. U.S. (22-6389) oral_arguments	28 McElrath v. Georgia (22-721) oral_arguments Wilkinson v. Garland (22-666) oral_arguments	29 Securities and Exchange Commission v. Jarkesy (22-859) oral_arguments	30

December 2023

January 2024

February 2024

March 2024

April 2024

May 2024

June 2024

July 2024

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14
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Pugin v. Garland (22-23)
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Slack Technologies v. Pirani (22-200)
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Groff v. Dejoy (22-174)
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U.S. ex rel. Schutte v. SuperValu Inc. (21-1326)
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Counterman v. Colorado (22-138)
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Dupree v. Younger (22-210)
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Lac du Flambeau Band v. Coughlin (22-227)
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Yegiazaryan v. Smagin (22-381)
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Tyler v. Hennepin County (22-166)
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