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30 Apr 2024, 5:51 am by Albert W. Alschuler
When Justice Amy Coney Barrett noted that, under Trump’s proposed rule, even a president who staged a military coup couldn’t be prosecuted “if there was not a statute that expressly referenced the president,” Trump’s counsel, Sauer, agreed that this traitorous president could escape prosecution (it’s at p. 57 of the transcript). [read post]
29 Apr 2024, 3:26 pm by John Floyd
While the Court refused to do so, Justices Sotomayor, Gorsuch, Kavanaugh, and Barrett said they were reserving judgment on the issue while the USSC studied the matter. [read post]
27 Apr 2024, 5:54 pm by Howard Bashman
“How Justice Amy Coney Barrett drove the Supreme Court’s debate on abortion and Trump immunity”: John Fritze of CNN has this report. [read post]
27 Apr 2024, 2:40 pm by Marty Lederman
I might write further about Thursday's oral argument when I get a bit more free time (end-of-semester obligations and all!) [read post]
26 Apr 2024, 11:39 am by Scott Bomboy
” Justice Amy Coney Barrett also asked Sauer if acts related to the Trump indictment were private acts taken by the former president. [read post]
26 Apr 2024, 11:05 am by Guest Author
On April 23, 2024, the FTC voted 3-2 to adopt a final rule prohibiting non-compete agreements in employment contracts. [read post]
26 Apr 2024, 4:53 am by Beatrice Yahia
In contrast, the court’s liberal three justices as well as Justice Amy Coney Barrett stressed that a president is not above the law. [read post]
From here, Justice Amy Coney Barrett confirmed that Sauer agreed private actions, separate from official acts, by a former president do not qualify for immunity. [read post]
25 Apr 2024, 4:12 pm by Josh Blackman
At the time, Seth Barrett Tillman and I acknowledged the easy case: the President receiving a "suitcase full of money" in exchange for performing some official act would amount to bribery. [read post]
25 Apr 2024, 3:45 pm
Justice Barrett observes that immunity will protect the ex-President in his state court cases — where it is especially needed:Let me ask you about state prosecutions because, if the president has some kind of immunity that's implicit in Article II then that immunity would protect him in -- from state prosecutions as well. [read post]
25 Apr 2024, 2:35 pm by Amy Howe
” Justice Amy Coney Barrett was less persuaded by this argument. [read post]
25 Apr 2024, 10:12 am by Tracy Thomas
Dahlia Lithwick & Mark Joseph Stern, The Lawyer Defending Idaho’s Abortion Ban Irritated the One Justice He Needed on His Side, Slate Justice Amy Coney Barrett famously provided the crucial fifth vote to overturn Roe v. [read post]
Justice Amy Coney Barrett also asked how the Idaho law would impact a woman in this scenario. [read post]
24 Apr 2024, 12:45 pm by Amy Howe
Would doctors who make the decision to perform an abortion, Barrett asked, be prosecuted under Idaho law? [read post]
24 Apr 2024, 5:38 am by Yosi Yahoudai
Australian Federal Police Deputy Commissioner Krissy Barrett said investigators found no evidence of specific targets or timing of an intended “violent act. [read post]
22 Apr 2024, 3:14 pm by Whitney Hodges
The unanimous opinion, authored by Justice Amy Coney Barrett, found “[n]othing in constitutional text, history or precedent supports exempting legislatures from ordinary takings rules. [read post]
22 Apr 2024, 2:49 pm by Amy Howe
She assured Barrett that public urination and defecation would not violate the Eighth Amendment under the challengers’ theory. [read post]
22 Apr 2024, 11:17 am by Yosi Yahoudai
Barrett, Gorsuch and Kavanaugh were appointed by Trump. [read post]