SCOTUS (Supreme Court of the United States)

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  • mickeyrat
    mickeyrat Posts: 44,450
    op-ed gift article


     Rebuffing Trump, the justices stake a claim for ideology over partisanship
    Opinion by Ruth Marcus
    November 24, 2022 at 7:00 ET
    There isn’t a lot nice to say about the Supreme Court these days. But the court’s recent series of rebuffs to former president Donald Trump and his fellow election deniers offer an opportunity to do that, and to examine the distinction between ideology and partisanship.
    The line between the two is more blurry than crisp, with an enormous overlap between Republican political interests and conservative ideology. Meantime, partisanship exists along a continuum, from the kind of slavish loyalty that Trump expects from justices he appointed to a more general predisposition toward the GOP.
    Still, in a moment when progressives routinely flay the conservative justices for supposedly rabid partisanship, it’s worth pausing to recognize that the situation is more nuanced than that: It’s not that this, or any court, is free from the temptations of partisanship, but this majority is far more driven by conservative ideology than by a desire to boost Republican political interests.

    continues.....

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  • Lerxst1992
    Lerxst1992 Posts: 7,916
    mickeyrat said:
    op-ed gift article


     Rebuffing Trump, the justices stake a claim for ideology over partisanship
    Opinion by Ruth Marcus
    November 24, 2022 at 7:00 ET
    There isn’t a lot nice to say about the Supreme Court these days. But the court’s recent series of rebuffs to former president Donald Trump and his fellow election deniers offer an opportunity to do that, and to examine the distinction between ideology and partisanship.
    The line between the two is more blurry than crisp, with an enormous overlap between Republican political interests and conservative ideology. Meantime, partisanship exists along a continuum, from the kind of slavish loyalty that Trump expects from justices he appointed to a more general predisposition toward the GOP.
    Still, in a moment when progressives routinely flay the conservative justices for supposedly rabid partisanship, it’s worth pausing to recognize that the situation is more nuanced than that: It’s not that this, or any court, is free from the temptations of partisanship, but this majority is far more driven by conservative ideology than by a desire to boost Republican political interests.

    continues.....


    When it come to setting election rules, the conservative justices are 100% partisan-


    “Partisan gerrymandering claims present political questions beyond the reach of the federal courts,” Chief Justice John Roberts, joined by the Court’s other four conservatives, wrote in the 5-4 Rucho v. Common Cause decision. “Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions.”
  • bootlegger10
    bootlegger10 Posts: 16,256
    And the four liberal justices are just following the law every time….
  • Lerxst1992
    Lerxst1992 Posts: 7,916
    edited November 2022
    When it comes to decisions regarding political power,  the conservatives almost if not  always vote with the Rs.

    edit, there was one time scotus deferred gerrymandering case to the state courts, although positive, not exactly supporting equal voting power or access for all.
    Post edited by Lerxst1992 on
  • This, to me, is more dangerous as it legitimizes discrimination and gives the anti-woke crowd impetus. And like the cake baker, I hope she goes out of business. Stay unwoke 'Murica for these are the weighty issues of the day. But, with this conservative court, where does it end? Mechanics can refuse to work on a gay couple's car? Fire department doesn't respond to a fire at a house with a trans youth? ER doctor or nurse refuses to provide care or treatment to a gay person? Any service provider can deny service? Can a gun store refuse to sell a gun to a gay man? What about his 2A? Where does it end?

    Supreme Court seems to side with web designer opposed to same-sex marriage

    Colorado’s Lorie Smith says being forced to create websites for gay couples would violate her right to free speech

    The Supreme Court’s conservative majority seemed sympathetic Monday to an evangelical Christian graphic artist from Colorado who does not want to create wedding websites for same-sex couples, despite the state’s protective anti-discrimination law.

    Those justices seemed amenable to businesswoman Lorie Smith’s argument that the state may not compel her to create speech that violates her religious belief that marriage is only between a man and a woman. But several appeared to be looking for ways to narrow their decision, saying both sides in the dispute agreed, for example, that not all wedding vendors should receive such exemptions.

    Justice Samuel A. Alito Jr. said during oral arguments that a win for Colorado would mean some businesses that provide custom speech for customers could be forced to “espouse things they loathe.”

    The three liberal justices, in contrast, questioned whether the websites Smith would create would be her own speech or simply reflect the wishes of the couples who hired her.

    If the court ruled against Colorado, Justice Sonia Sotomayor said, it would be “the first time in the Supreme Court’s history” that it would allow a business open to the public to “refuse to serve a customer based on race, sex, religion or sexual orientation.”

    The case is something of a follow-up to the court’s decision in 2018, when it ruled narrowly for Colorado baker Jack Phillips, who refused to create a wedding cake for a same-sex couple. The court left undisturbed, however, Colorado’s law that forbids companies open to the public from denying goods or services to customers based on “disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry.”

    Graphic-designer Smith says that law violates her deeply held religious views and free speech rights by forcing her to create messages she does not believe.

    Smith wants to create wedding websites to tell “through God’s lens” the stories of heterosexual couples. And she wants to be able to explain to same-sex couples on her 303 Creative LLC website that she will not create such platforms for them.

    The court came to Monday’s argument equipped with hypotheticals — mall Santas who might refuse to take photographs with minority children, political speechwriters who might be forced to write for the opposition, newspapers or websites told they could not choose which wedding announcements to publish.

    Justice Ketanji Brown Jackson brought up the mall Santa, wondering whether a photographer who wanted to create the ambiance of the movie “It’s a Wonderful Life” might be able to exclude Black children.

    Alito countered by conjuring up a Black Santa at the other end of the mall who wanted to be free to refuse a photograph to a child wearing a Ku Klux Klan outfit.

    When Justice Elena Kagan said that Santa could refuse anyone wearing such an outfit, regardless of their race, Alito said it would be unlikely that his example would be a Black child.

    A thread throughout the arguments was whether the refusal to provide wedding-related services for a same-sex couple could be compared to the same treatment of interracial couples.

    Smith’s attorney Kristen Waggoner said it could not and pointed out that in its decision finding a constitutional right to marriage for gay couples, the court noted that respect was due to those who disagreed with same-sex marriage as a matter of religious belief.

    Colorado Solicitor General Eric R. Olson said Smith was conflating speech with commerce.

    A store would be free to sell only Christmas items if it wanted to, Olson said. But it couldn’t post a sign that said “No Jews allowed.”

    At this point, Smith’s objections are theoretical. She has not created such language on her 303 Creative website and has not had to tell a same-sex couple that she would not work for them.

    Two courts have ruled against Smith, saying Colorado has a compelling interest in requiring that businesses that are open to the public serve all of the state’s citizens.

    When the high court took Smith’s case, it declined to hear her claim that Colorado’s law violates her religious freedom. Nor did it agree to hear her request to overturn Supreme Court precedent on neutral laws that might have implications for religious believers.

    Instead, the justices propose to answer this question: “Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.”

    The case comes before a court much changed since the 2018 cake bakery decision, in which the court said the state enforced the law unfairly against Phillips because of religious bias on the part of some. (Phillips is currently in litigation over his refusal to create a cake for a transgender customer.)

    Justice Anthony M. Kennedy, who wrote the opinion in Phillips’s case as well as the court’s landmark decisions on gay rights, has retired. Also gone is a dissenter in the Phillips case, Justice Ruth Bader Ginsburg, who warned against treating same-sex couples who marry differently from opposite-sex ones.

    Kennedy and Ginsburg were replaced by more-conservative justices on a court that has been protective of free speech rights and increasingly sympathetic to challenges brought by religious interests.

    In 1995, the court unanimously ruled — in Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston — that a public-accommodation law could not be used to compel organizers of Boston’s St. Patrick’s Day parade to admit a gay rights group. And Waggoner’s brief begins with the court’s famous 1943 decision that Jehovah’s Witnesses students in West Virginia could not be compelled to salute the flag or recite the Pledge of Allegiance.

    Colorado responds that even if the websites Smith wants to produce are expressive, she is conflating free speech with selling a product.

    The law’s application “does not turn on what a business chooses to sell,” Colorado said in its brief. “It simply requires that, once a business offers a product or service to the public, the business sells it to all.”

    Moreover, allowing Smith to post on her website that she would not create websites for same-sex couples would amount “to an announcement of illegal discrimination similar to a ‘white applicants only’ sign.”

    It is also not enough that other companies would provide similar marriage services to same-sex couples, the state says. The court made that clear decades ago, ruling against a motel that wanted to serve only White guests and a restaurant owner who said an integrated dining room would violate his religious beliefs.

    Supreme Court seems to side with 303 Creative in gay rights case - The Washington Post

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  • mickeyrat
    mickeyrat Posts: 44,450
    Why Kavanaugh partying with right-wing conservatives raises ethical questions  https://www.washingtonpost.com/opinions/2022/12/13/brett-kavanaugh-justices-ethics-speaking-gigs/ 

      Opinion | Why Kavanaugh partying with right-wing conservatives raises ethical questions
    Opinion by Ruth Marcus
    December 13, 2022 at 18:22 ET
    I’m not worked up about Justice Brett M. Kavanaugh’s appearance at a conservative-studded holiday party. But the episode serves to highlight a disturbing trend among the justices, more prevalent on the right than the left: funneling their public appearances into compatible ideological silos.
    Some background on Kavanaugh’s partying: Politico reported that the justice attended a Christmas party last weekend at the home of American Conservative Union chair Matt Schlapp. The two men worked together at the George W. Bush White House; Schlapp went to bat for Kavanaugh during his contentious confirmation hearings in 2018; and Kavanaugh has been to Schlapp’s party in previous years.
    This time, though, it created some fuss. “Kavanaugh’s Holiday Party Appearance Renews Supreme Court Ethics Questions,” Bloomberg News reported. The party featured some of the usual Washington types, including journalists Ben Terris of The Post, Steve Holland of Reuters and Greta Van Susteren, along with members of what President Biden might call the ultra-MAGA crowd: Florida Rep. Matt Gaetz and former Trump advisers Sebastian Gorka and Stephen Miller. America First Legal Foundation, Miller’s new organization, has filed friend-of-the-court briefs in cases pending at the high court.
    I think it might have been the better part of valor for Kavanaugh to send regrets this year, but my head is not exploding here. Even Supreme Court justices get to have social lives, and the Kavanaughs and Schlapps are longtime friends. Justices aren’t responsible for vetting their hosts’ guest lists. And Kavanaugh’s mere presence at an event at which another attendee filed an amicus brief hardly seems problematic.
    So where does discretion come in? This is a tough time for the court, ethics-wise. The institution doesn’t need another headache, on top of the still-unsolved, as far as we know, leak of the abortion draft opinion in early May and reporting more recently about an effort by a religious right organization to curry favor with conservative justices. A conservative justice partying with conservative activists feeds into a perception of the court, fairly or not, as an institution tainted with partisanship.
    The Code of Judicial Conduct for federal judges, which doesn’t bind Supreme Court justices, has this to say on the subject: “A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen.”
    Which gets to the more concerning development: the tendency among justices to speak to, or attend events sponsored by, groups and institutions with which they are ideologically attuned. This is not solely a conservative phenomenon — Justices Sonia Sotomayor, Elena Kagan and, before his retirement, Stephen G. Breyer, have given speeches to the liberal American Constitution Society. But the conservative justices — with the distinct exception of Chief Justice John G. Roberts Jr. — seem lately inclined to favor friendly institutions, religious and conservative organizations.
    Consider: In 2021, according to his financial disclosure form, Justice Samuel A. Alito Jr. spoke to Notre Dame Law School, St. Thomas Aquinas College, and the St. John’s University Law School Center for Law and Religion; this year, he appeared at the conservative Heritage Foundation, Catholic University’s Columbus School of Law and the Notre Dame Law School’s Religious Liberty Summit in Rome.

    continues....

    _____________________________________SIGNATURE________________________________________________

    Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
    you're finally here and I'm a mess................................................... nationwide arena columbus '10
    memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
    another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
  • mickeyrat
    mickeyrat Posts: 44,450

     
    Sundance doc looks into Brett Kavanaugh investigation
    By LINDSEY BAHR
    Today

    PARK CITY, Utah (AP) — A new documentary looks into the sexual misconduct allegations against Supreme Court Justice Brett Kavanaugh and raises questions about the depth of the FBI investigation in 2018.

    “Justice,” from filmmaker Doug Liman, debuted Friday night at the Sundance Film Festival to a sold-out theater surrounded by armed guards.

    The film, made under intense secrecy, focuses on allegations made by Kavanaugh's Yale classmate Deborah Ramirez that were detailed in a New Yorker article in 2018. Ramirez alleged that at a gathering with friends when she was a freshman in 1983, Kavanaugh pulled down his pants and thrust his penis at her. Kavanaugh has denied those claims. “Justice” also plays a taped recording of a tip given to the FBI from another Yale classmate, Max Stier, that describes a similar incident that the FBI never investigated.

    The Stier report was previously detailed in 2019 by New York Times reporters Robin Pogebrin and Kate Kelly as part of their book “The Education of Brett Kavanaugh: An Investigation.” But the details of it came under scrutiny. After the story was posted online but before it was in the print edition, the Times revised the story to add that the book reported that the woman supposedly involved in the incident declined to be interviewed, and that her friends say she doesn’t recall the incident.

    Stier was not directly interviewed for the film and declined the filmmakers' request to comment on the contents. An unnamed person whose voice was manipulated for anonymity provided the Stier tape to the filmmakers.

    Kavanaugh was sworn in as the 114th justice of the U.S. Supreme Court in October of 2018 after a narrow 50-48 roll call following a wrenching debate over sexual misconduct. He strenuously denied the allegations of Christine Blasey Ford, who says he sexually assaulted her when they were teens.

    Many people referenced in the film, from Kavanaugh himself to several of Ramirez's friends who were allegedly there, similarly declined to speak or never responded.

    “Justice” is especially critical of the FBI investigation that took place after the hearings. Through FOIA requests the filmmakers found that there were some 4,500 tips sent to the tipline that went uninvestigated.

    One of Ramirez’s friends from Yale who was interviewed for the film provided text messages in which a mutual friend admits to being contacted by “Kavanaugh’s people” and participated in the narrative that Ramirez didn’t remember things correctly.

    Blasey Ford appears in new footage only in the first several moments of “Justice,” asking Liman, a filmmaker known for “Swingers” and “The Bourne Identity,” why he’s making this film — a question that he doesn’t quite answer.

    In a Q&A after the film, Liman said he was simply outraged after watching her testimony in 2018. The making of the film, which they self-financed, was shrouded in secrecy. Everyone signed nondisclosure agreements, Liman said, and they even had code names for those who agreed to participate. He said that people are “terrified” and that those who came forward are “heroes.”

    Most of the focus is on telling Ramirez’s story — where she came from, how she ended up at Yale and what kind of person she is and was. Several academics specializing in trauma, as well as lawyers, help explain why memory of traumatic events is reliably fractured and how those gaps can be weaponized by prosecutors.

    “Justice’s” surprise inclusion in the festival was announced on Thursday, the first day of the festival, but it quickly became one of the most anticipated films in a slate of over 100. At least part of the reason for something like “Justice” to debut at Sundance is to drum up buzz and secure a distributor. As many of the lawyers in the film say, the stakes are whether or not Kavanaugh perjured himself under oath.

    Asked what he wants to happen when audiences see “Justice,” Liman said, “I kind of feel like the job ends with the film and what happens afterwards in beyond my control.”

    Standing beside him, his producer Amy Hardy said she disagreed. Hardy said she hopes it triggers outrage and leads to “a real investigation with subpoena powers.”

    ___

    Follow AP Film Writer Lindsey Bahr: www.twitter.com/ldbahr.

    ___

    For more coverage of the Sundance Film Festival, visit: https://apnews.com/hub/sundance-film-festival


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    Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
    you're finally here and I'm a mess................................................... nationwide arena columbus '10
    memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
    another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
  • mickeyrat
    mickeyrat Posts: 44,450

     
    Supreme Court: Justices interviewed as part of leak probe
    By JESSICA GRESKO and MARK SHERMAN
    Yesterday

    WASHINGTON (AP) — Eight months, 126 formal interviews and a 23-page report later, the Supreme Court said it has failed to discover who leaked a draft of the court’s opinion overturning abortion rights.

    The report released by the court Thursday is the apparent culmination of an investigation ordered by Chief Justice John Roberts a day after the May leak of the draft to Politico. Notably the report did not indicate whether the justices themselves had been questioned. On Friday, seemingly in response to widespread questions from the media and legal community, the head of the investigation added in a statement that the court's nine justices had been interviewed as part of the probe and that nothing implicated them.

    The leak touched off protests at justices’ homes and raised concerns about their security. And it came more than a month before the final opinion by Justice Samuel Alito was released and the court formally announced it was overturning Roe v. Wade.

    The report also offers a window into the court's internal processes. It acknowledges that the coronavirus pandemic, which expanded the ability of people to work from home, “as well as gaps in the Court’s security policies, created an environment where it was too easy to remove sensitive information from the building and the Court’s IT networks.” The report recommends changes so that it's harder for a leak to happen in the future.

    Some questions and answers about the report:

    IF THE INVESTIGATION DIDN'T FIND THE LEAKER, WHAT DID IT FIND?

    Lax security and loose lips. Too many people have access to certain sensitive information, the report concluded, and the court’s policies on information security are outdated. The court can't actively track, for example, who is handling and accessing highly sensitive information.

    Beyond that, some people interviewed by federal investigators called in to help with the probe acknowledged they didn't scrupulously follow the court’s confidentiality policies. In some cases, employees acknowledged "telling their spouses about the draft opinion or vote count,” the report said.

    The leak doesn't appear to have been the result of a hack, but the report said investigators could not rule out that the opinion was inadvertently disclosed, “for example, by being left in a public space either inside or outside the building.”

    HOW THOROUGH WAS THE INVESTIGATION?

    Investigators conducted 126 formal interviews of 97 employees. They looked into connections between employees and reporters, including those at Politico. They looked at call logs of personal phones. They looked at printer logs. They even did a fingerprint analysis of “an item relevant to the investigation.”

    Every person who was interviewed signed a sworn statement that they were not the source of the leak. Lying about that could violate a federal law on false statements.

    After all that, former Homeland Security Secretary Michael Chertoff, himself a onetime federal judge, was asked to assess the investigation. Chertoff described the investigation as “thorough” in a statement issued through the court.

    The court did not respond to reporters' questions Thursday about whether the justices were interviewed. On Friday, the day after the report was released, Supreme Court Marshal Gail Curley who headed the investigation, said in a statement that she also spoke with each of the justices, who cooperated in the investigation. “I followed up on all credible leads, none of which implicated the Justices or their spouses,” she wrote. She said she didn't believe it was necessary to ask the justices to sign sworn affidavits as others did.

    WHAT WILL CHANGE AS A RESULT?

    It seems clear the court will tighten its procedures, maybe upgrade equipment and likely do more training of personnel in response to the leak. But what it has done already or will do in the future, the court isn't saying. Investigators made a list of recommendations, but those weren't attached to the public version of the report to guard against “potential bad actors.”

    WHAT ABOUT SPECULATION OF WHO IT WAS?

    After the leak, speculation swirled in Washington about who the source could be. Conservatives pointed fingers at the liberal side of the court, speculating that the leaker was someone upset about the outcome. Liberals suggested it could be someone on the conservative side of the court who wanted to ensure a wavering member of the five-justice majority didn’t switch sides.

    On social media, there was speculation that various law clerks could be the leaker because of their personal backgrounds, including connections to Politico and past writing. The report acknowledged investigators were watching.

    “Investigators also assessed the wide array of public speculation, mostly on social media, about any individual who may have disclosed the document. Several law clerks were named in various posts. In their inquiries, the investigators found nothing to substantiate any of the social media allegations regarding the disclosure,” the report said.

    WHAT HAPPENS NEXT?

    The report says investigators aren't quite done, but it suggests that any active investigation is winding down. “Investigators continue to review and process some electronic data that has been collected and a few other inquiries remain pending,” they said. “To the extent that additional investigation yields new evidence or leads, the investigators will pursue them.”

    The final paragraph of the report said, “In time, continued investigation and analysis may produce additional leads that could identify the source of the disclosure.”

    ___

    Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.


    _____________________________________SIGNATURE________________________________________________

    Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
    you're finally here and I'm a mess................................................... nationwide arena columbus '10
    memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
    another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
  • static111
    static111 Posts: 5,091
    mickeyrat said:

     
    Supreme Court: Justices interviewed as part of leak probe
    By JESSICA GRESKO and MARK SHERMAN
    Yesterday

    WASHINGTON (AP) — Eight months, 126 formal interviews and a 23-page report later, the Supreme Court said it has failed to discover who leaked a draft of the court’s opinion overturning abortion rights.

    The report released by the court Thursday is the apparent culmination of an investigation ordered by Chief Justice John Roberts a day after the May leak of the draft to Politico. Notably the report did not indicate whether the justices themselves had been questioned. On Friday, seemingly in response to widespread questions from the media and legal community, the head of the investigation added in a statement that the court's nine justices had been interviewed as part of the probe and that nothing implicated them.

    The leak touched off protests at justices’ homes and raised concerns about their security. And it came more than a month before the final opinion by Justice Samuel Alito was released and the court formally announced it was overturning Roe v. Wade.

    The report also offers a window into the court's internal processes. It acknowledges that the coronavirus pandemic, which expanded the ability of people to work from home, “as well as gaps in the Court’s security policies, created an environment where it was too easy to remove sensitive information from the building and the Court’s IT networks.” The report recommends changes so that it's harder for a leak to happen in the future.

    Some questions and answers about the report:

    IF THE INVESTIGATION DIDN'T FIND THE LEAKER, WHAT DID IT FIND?

    Lax security and loose lips. Too many people have access to certain sensitive information, the report concluded, and the court’s policies on information security are outdated. The court can't actively track, for example, who is handling and accessing highly sensitive information.

    Beyond that, some people interviewed by federal investigators called in to help with the probe acknowledged they didn't scrupulously follow the court’s confidentiality policies. In some cases, employees acknowledged "telling their spouses about the draft opinion or vote count,” the report said.

    The leak doesn't appear to have been the result of a hack, but the report said investigators could not rule out that the opinion was inadvertently disclosed, “for example, by being left in a public space either inside or outside the building.”

    HOW THOROUGH WAS THE INVESTIGATION?

    Investigators conducted 126 formal interviews of 97 employees. They looked into connections between employees and reporters, including those at Politico. They looked at call logs of personal phones. They looked at printer logs. They even did a fingerprint analysis of “an item relevant to the investigation.”

    Every person who was interviewed signed a sworn statement that they were not the source of the leak. Lying about that could violate a federal law on false statements.

    After all that, former Homeland Security Secretary Michael Chertoff, himself a onetime federal judge, was asked to assess the investigation. Chertoff described the investigation as “thorough” in a statement issued through the court.

    The court did not respond to reporters' questions Thursday about whether the justices were interviewed. On Friday, the day after the report was released, Supreme Court Marshal Gail Curley who headed the investigation, said in a statement that she also spoke with each of the justices, who cooperated in the investigation. “I followed up on all credible leads, none of which implicated the Justices or their spouses,” she wrote. She said she didn't believe it was necessary to ask the justices to sign sworn affidavits as others did.

    WHAT WILL CHANGE AS A RESULT?

    It seems clear the court will tighten its procedures, maybe upgrade equipment and likely do more training of personnel in response to the leak. But what it has done already or will do in the future, the court isn't saying. Investigators made a list of recommendations, but those weren't attached to the public version of the report to guard against “potential bad actors.”

    WHAT ABOUT SPECULATION OF WHO IT WAS?

    After the leak, speculation swirled in Washington about who the source could be. Conservatives pointed fingers at the liberal side of the court, speculating that the leaker was someone upset about the outcome. Liberals suggested it could be someone on the conservative side of the court who wanted to ensure a wavering member of the five-justice majority didn’t switch sides.

    On social media, there was speculation that various law clerks could be the leaker because of their personal backgrounds, including connections to Politico and past writing. The report acknowledged investigators were watching.

    “Investigators also assessed the wide array of public speculation, mostly on social media, about any individual who may have disclosed the document. Several law clerks were named in various posts. In their inquiries, the investigators found nothing to substantiate any of the social media allegations regarding the disclosure,” the report said.

    WHAT HAPPENS NEXT?

    The report says investigators aren't quite done, but it suggests that any active investigation is winding down. “Investigators continue to review and process some electronic data that has been collected and a few other inquiries remain pending,” they said. “To the extent that additional investigation yields new evidence or leads, the investigators will pursue them.”

    The final paragraph of the report said, “In time, continued investigation and analysis may produce additional leads that could identify the source of the disclosure.”

    ___

    Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.


    My money is on one of the conservative justices leaking it.
    Scio me nihil scire

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  • mickeyrat
    mickeyrat Posts: 44,450
    gift article......


     

    according to a letter obtained by The New York Times.

    In his letter last month, Kendal Price, a 66-year-old Boston lawyer, argued that the justices should be required to disclose more information about their spouses’ work. He did not cite specific Supreme Court decisions, but said he was worried that a financial relationship with law firms arguing before the court could affect justices’ impartiality or at least give the appearance of doing so.

    “I do believe that litigants in U.S. courts, and especially the Supreme Court, deserve to know if their judges’ households are receiving six-figure payments from the law firms,” Mr. Price wrote.



    continues....


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  • mickeyrat
    mickeyrat Posts: 44,450

     
    Supreme Court wrestles with lawsuit shield for social media
    By MARK SHERMAN
    Today

    WASHINGTON (AP) — In its first case about the federal law that is credited with helping create the modern internet, the Supreme Court seemed unlikely Tuesday to side with a family wanting to hold Google liable for the death of their daughter in a terrorist attack.

    At the same time, the justices also signaled in arguments lasting two and a half hours that they are wary of Google's claims that a 1996 law, Section 230 of the Communications Decency Act, affords it, Twitter, Facebook and other companies far-reaching immunity from lawsuits over their targeted recommendations of videos, documents and other content.

    The case highlighted the tension between technology policy fashioned a generation ago and the reach of today's social media, numbering billions of posts each day.

    “We really don’t know about these things. You know, these are not like the nine greatest experts on the internet,” Justice Elena Kagan said of herself and her colleagues, several of whom smiled at the description.

    Congress, not the court, should make needed changes to a law passed early in the internet age, Kagan said.

    Justice Brett Kavanaugh, one of six conservatives, agreed with his liberal colleague in a case that seemed to cut across ideological lines.

    “Isn’t it better,” Kavanaugh asked, to keep things the way they are and “put the burden on Congress to change that?”

    The case before the court stems from the death of American college student Nohemi Gonzalez in a terrorist attack in Paris in 2015. Members of her family were in the courtroom to listen to arguments about whether they can sue Google-owned YouTube for helping the Islamic State spread its message and attract new recruits, in violation of the Anti-Terrorism Act. Lower courts sided with Google.

    The justices used a variety of examples to probe what YouTube does when it uses computer algorithms to recommend videos to viewers, whether content produced by terrorists or cat lovers. Chief Justice John Roberts suggested what YouTube is doing isn't “pitching something in particular to the person who's made the request” but just a “21st century version” of what has been taking place for a long time, putting together a group of things the person may want to look at.

    Justice Clarence Thomas asked whether YouTube uses the same algorithm to recommend rice pilaf recipes and terrorist content. Yes, he was told.

    Kagan noted that “every time anybody looks at anything on the internet, there is an algorithm involved,” whether it’s a Google search, YouTube or Twitter. She asked the Gonzalez family’s lawyer, Eric Schnapper, whether agreeing with him would ultimately make Section 230 meaningless.

    Lower courts have broadly interpreted Section 230 to protect the industry, which the companies and their allies say has fueled the meteoric growth of the internet by protecting businesses from lawsuits over posts by users and encouraging the removal of harmful content.

    But critics argue that the companies have not done nearly enough to police and moderate content and that the law should not block lawsuits over the recommendations that point viewers to more material that interests them and keeps them online longer.

    Any narrowing of their immunity could have dramatic consequences that could affect every corner of the internet because websites use algorithms to sort and filter a mountain of data.

    Lisa Blatt, representing Google, told the court that recommendations are just a way of organizing all that information. YouTube users watch a billion hours of videos daily and upload 500 hours of videos every minute, Blatt said.

    Roberts, though, was among several justices who questioned Blatt about whether YouTube should have the same legal protection for its recommendations as for hosting videos.

    “They appear pursuant to the algorithms that your clients have. And those algorithms must be targeted to something. And that targeting, I think, is fairly called a recommendation, and that is Google’s. That’s not the provider of the underlying information,” Roberts said.

    Reflecting the complexity of the issue and the court's seeming caution, Justice Neil Gorsuch suggested another factor in recommendations made by YouTube and others, noting that ”most algorithms are designed these days to maximize profits."

    Gorsuch suggested the court could send the case back to a lower court without weighing in on the extent of Google's legal protections. He participated in arguments by phone because he was “a little under the weather," Roberts said.

    Several other justices indicated that arguments in a related case Wednesday might provide an avenue for avoiding the difficult questions raised Tuesday.

    The court will hear about another terrorist attack, at a nightclub in Istanbul in 2017 that killed 39 people and prompted a lawsuit against Twitter, Facebook and Google.

    Separate challenges to social media laws enacted by Republicans in Florida and Texas are pending before the high court, but they would not be argued before the fall or decided until the first half of 2024.

    ___

    Associated Press writer Jessica Gresko contributed to this report.


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  • Gern Blansten
    Gern Blansten Mar-A-Lago Posts: 22,192


    Interesting....Barret, Thomas, Gorsuch, Alito dissent. 
    Remember the Thomas Nine !! (10/02/2018)
    The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)

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  • Go Beavers
    Go Beavers Posts: 9,561
    edited February 2023


    Interesting....Barret, Thomas, Gorsuch, Alito dissent. 
    Are those four “pro life” judges? 
  • mickeyrat
    mickeyrat Posts: 44,450
    edited February 2023


    Interesting....Barret, Thomas, Gorsuch, Alito dissent. 
    Are those four “pro life” judges? 
    no no no. pro-birth , after you're  born then you're fucked.

    Post edited by mickeyrat on
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  • mickeyrat
    mickeyrat Posts: 44,450
    _____________________________________SIGNATURE________________________________________________

    Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
    you're finally here and I'm a mess................................................... nationwide arena columbus '10
    memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
    another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
  • Halifax2TheMax
    Halifax2TheMax Posts: 42,258
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  • gimmesometruth27
    gimmesometruth27 St. Fuckin Louis Posts: 24,118
    mickeyrat said:
    nope, we do not need a code of conduct for people with a lifetime appointment to the highest court in the land. nothing to see here.
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • Bentleyspop
    Bentleyspop Craft Beer Brewery, Colorado Posts: 11,422
  • Halifax2TheMax
    Halifax2TheMax Posts: 42,258
    And Clarence likes to run naked through the woods with Soros? Oh Clarence, Clarence, Clarence, you kinky devil you! But what about Ginny it up? What’s her desire? Diet Coke?

    Bohemian Grove has all the hallmarks of an eyebrow-raiser: The men’s-only retreat in Sonoma County has a massive owl statue, a reported history of public urination, mysterious ceremonies and a top-secret guest list that has included presidents, wealthy businessmen, international power players and other newsmakers.

    That list also includes Supreme Court Justice Clarence Thomas, who has reportedly attended the retreat with billionaire friend and Republican donor Harlan Crow. An investigation by ProPublica found that Thomas accepted luxury trips from Crow for years without disclosing them. The travel included a private flight to Indonesia, superyacht sailings and visits to Crow’s East Texas ranch and private Adirondacks resort.

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  • mickeyrat
    mickeyrat Posts: 44,450

     
    Justice Thomas says he didn't have to disclose luxury trips
    By MARK SHERMAN
    Today

    WASHINGTON (AP) — Supreme Court Justice Clarence Thomas said Friday he was not required to disclose the many trips he and his wife took that were paid for by Republican megadonor Harlan Crow.

    Describing Crow and his wife, Kathy, as “among our dearest friends,” Thomas said in a statement that he was advised by colleagues on the nation's highest court and others in the federal judiciary that “this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable.” Thomas did not name the other justices or those in the judiciary with whom he had consulted.

    The nonprofit investigative journalism organization ProPublica reported Thursday that Thomas, who has been a justice for more than 31 years, has for more than two decades accepted luxury trips from Crow nearly every year.

    Thomas, 74, and his wife, Virginia, have traveled on Crow’s yacht and private jet as well as stayed at his private resort in New York's Adirondack Mountains, ProPublica reported. A 2019 trip to Indonesia the story detailed could have cost more than $500,000 had Thomas chartered the plane and yacht himself.

    Supreme Court justices, like other federal judges, are required to file an annual financial disclosure report which asks them to list gifts they have received, but provides exemptions for hospitality from friends.

    Ethics experts have offered conflicting views about whether Thomas was required to disclose the trips. Last month, the federal judiciary bolstered disclosure requirements for all judges, including the high court justices, although overnight stays at personal vacation homes owned by friends remain exempt from disclosure.

    New York University law professor Stephen Gillers, an authority on legal ethics, said Thomas' statement “is an abdication of his responsibility” under ethics guidelines.

    “Thomas is shamelessly seeking to shift the blame for his failure to report Crow’s princely hospitality to advice he allegedly received from other Justices when he joined the court more than 30 years ago. Most of them are now dead and, conveniently, cannot contradict him,” Gillers wrote in an email.

    Charles Geyh, a law professor at Indiana University who studies judicial ethics, wrote in an email that he doubts any justice would have advised Thomas against disclosure if he had laid out the details in ProPublica's report, “hundreds of thousands of dollars in luxurious travel and accommodations at exotic locales spanning decades, from a benefactor who has a deeply rooted partisan and ideological interest in the future of the Court on which the justice sits.”

    University of Pittsburgh ethics expert Arthur Hellman said that even if Thomas could reasonably have believed he did not have to report Crow's gifts, he still should have. “It would have been preferable in the sense of public confidence in the courts if he had disclosed,” Hellman said.

    Thomas, the longest-serving member of the court, said he has always tried to comply with disclosure guidelines. Regarding the recent changes, “It is, of course, my intent to follow this guidance in the future,” he said in the statement.

    Here's the latest for Friday, April 7th; Kremlin seeks to allay fears over Macron’s meeting with Chinese leader; Anti-Israel protest in Amman; GOP expels two Democrats from Tennessee Legislature; Marshmallow Peeps ingredients under scrutiny in California.

    The new reporting requirements appear to cover almost all the travel and lodging Crow provided, Hellman said. The mere need to disclose could make judges more reluctant to accept the gifts in the first place, he said.

    “If I had to predict, I’d say Justice Thomas will be seeing less of Harlan Crow's luxurious properties,” Hellman said.

    Democratic lawmakers said the ProPublica story was the latest illustration of why the Supreme Court should adopt an ethics code and further tighten the rules on travel and other gifts.

    It is by no means clear that the justices will agree to subject themselves to an ethics code or that Congress will seek to impose one on the court.

    Thomas did not refer to any individual trips paid for by Crow. But he said, “As friends do, we have joined them on a number of family trips during the more than quarter century we have known them.”

    Last year, questions about Thomas’ ethics arose when it was disclosed that he did not step away from election cases following the 2020 election despite the fact that his wife, a conservative activist, reached out to lawmakers and the Trump White House to urge defiance of the election results.


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    you're finally here and I'm a mess................................................... nationwide arena columbus '10
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    another man ..... moved by sleight of hand...................................... joe louis arena detroit '14