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New York Law Journal

Presidential Immunity Decision Unleashes the Whirlwind

In his latest column for the Law Journal, Bennett Gershman asks: If Donald Trump knew that the U.S. Supreme Court had his back and that he would be immune from prosecution, is it farfetched to imagine that he would have engaged in far more ominous "official acts" to retain power?
5 minute read

New York Law Journal

Supreme Court Round-Up on Tax Issues

On July 1, 2024, the Supreme Court concluded its October 2023 Term. While the term will probably be best known for the presidential immunity decision, the court decided two cases addressing tax issues, and one non-tax case that will reduce the deference courts give the IRS's statutory interpretations and therefore will impact tax controversies for years to come.
10 minute read

National Law Journal

Outgoing ACLU Legal Director David Cole Reflects on Wins, Losses in Trump Era

"We definitely disagree with the NRA on most everything. But we agree that they have the same First Amendment rights as we do or as anyone else does," David Cole said.
9 minute read

Daily Report Online

The Court Overruled 'Chevron.' Did That Put Other Supreme Court Cases at Risk?

The court's cursory disparagement of cases "decided ... by a bare quorum" fails to explain why a case generating a six-justice majority should be more suspect than cases decided by majorities consisting of less than a majority of the court's complement.
5 minute read

National Law Journal

'A Right Turn': Roberts Leaves Broad Consensus Behind in Blockbuster Supreme Court Term

Throughout the October 2023 term, Chief Justice John G. Roberts Jr. reminded court watchers that, despite his reputation as an "institutionalist" who prizes consensus and moderation, he also holds strong conservative convictions.
8 minute read

The Recorder

If They Meant It, Then Make Them Say It: Lower Courts Should Put Immunity Ruling to the Test

The special prosecutor and the trial court should force the Supreme Court to answer whether the fraudulent and corrupt actions of a lame-duck president who has lost an election, taken intentionally to obstruct the results by fraud and violent trespass, is really, absolutely immune.
13 minute read

New York Law Journal

Après Moi, Le Déluge: 'Writ Large'

Was use of "writ large" necessary to U.S. Rep. Alexandria Ocasio-Cortez's news release regarding her motion to impeach U.S. Supreme Court Justices Samuel Alito and Clarence Thomas?
4 minute read

New York Law Journal

'Tainted': Trump Lawyers Urge Manhattan Judge to Toss Guilty Verdict in Wake of SCOTUS Decision

In a 55-page filing made public Thursday, defense attorneys Todd Blanche and Emil Bove argued that the jury heard "deeply prejudicial" evidence from Trump's time in the White House.
3 minute read

National Law Journal

Views From Two Trenches: Supreme Court Limits SEC's Ability to Use Internal Proceedings

Without its home-court advantage, the SEC will have to litigate its cases in federal court—a process that is more complex and resource-intensive. But the SEC has been preparing for this eventuality for years.
9 minute read

National Law Journal

High Court's Presidential Immunity Ruling Spurs Unusual Senate Hearing

Senate Judiciary Committee Chair Dick Durbin, D-Illinois, said the decision has "upended our constitutional landscape."
3 minute read

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