Press J to jump to the feed. Press question mark to learn the rest of the keyboard shortcuts
Log In
Found the internet!
Create an account to follow your favorite communities and start taking part in conversations.
Law
Topic on Reddit
Posts
Communities
Related Topics

Posts about Law

Subreddit Icon
r/law
224k members
A place to discuss developments in the law and the legal profession.
Visit
Subreddit Icon
r/LawSchool
405k members
For current and former Law School Redditors. Ask questions, seek advice, post outlines, etc. This is NOT a forum for legal advice.
Visit
Subreddit Icon
r/politics
8.4m members
/r/Politics is for news and discussion about U.S. politics.
Visit
Subreddit Icon
r/lawschooladmissions
194k members
The Reddit Law School Admissions Forum. The best place on Reddit for admissions advice. Check out the sidebar for intro guides. Post any questions you have, there are lots of redditors with admissions knowledge waiting to help.
Visit
r/TheFirstLaw
23.2k members
A subreddit dedicated to the works of fantasy author Joe Abercrombie.
Visit
Subreddit Icon
r/LawPH
14.9k members
A place for discussion on any and all matters related to Philippine law (legal updates, careers, academe, queries, etc.)
Visit
Subreddit Icon
r/AskReddit
42.7m members
r/AskReddit is the place to ask and answer thought-provoking questions.
Visit
r/LawStudentsPH
37.0k members
The place for the Philippines' current and aspiring Law Professionals!
Visit
r/LawCanada
10.9k members
Welcome to r/lawcanada! Our community is a space for Canadian lawyers, law students, aspiring lawyers, and laypeople to discuss Canadian law, the practice of law, career advice, industry news, and the like. This community is not for soliciting or discussing legal advice.
Visit
Subreddit Icon
r/lawofattraction
264k members
A place where believers in The Law of Attraction can get together and discuss their hopes, beliefs, fears, triumphs, and anything in between. Discord channel for live chats and discussion is coming soon.
Visit
Subreddit Icon
r/Conservative
1.1m members
The largest conservative subreddit. https://discord.gg/conservative
Visit
r/EmploymentLaw
5.4k members
>>>INCLUDE YOUR LOCATION<<< We discuss employment law
Visit
r/IrisLaw
327 members
Images and news of Iris Law
Visit
Subreddit Icon
r/news
26.6m members
The place for news articles about current events in the United States and the rest of the world. Discuss it all here.
Visit
r/IndiaLaw
812 members
A place for posts, discussions, questions or advice related to Indian Laws. Use this community as guideline and information purposes only and not for taking any decision. Always consult a verified lawyer or advocate or legal consultant before taking any decision.
Visit
Subreddit Icon
r/JustNoMotherInLaw
208 members
This a community to discuss problems with you MIL or any JN fam. All posts & comments must follow the rules. Any violator will be informed with specifics & given the opportunity to correct behavior. Thanks for joining.
Visit
Subreddit Icon
r/worldnews
32.8m members
A place for major news from around the world, excluding US-internal news.
Visit
Subreddit Icon
r/Lawyertalk
43.5k members
A place for lawyers to talk about lawyer things with other lawyers. Firm culture, amusing anecdotes, and the legal world. If you are a future or prospective lawyer, a client, or staff, we kindly invite you to check out the other legal communities in our sidebar. Same if you need legal advice.
Visit
r/AmazingSonInLaw
72 members
Discuss story of amazing son in law Charlie Wade of Aurous Hill
Visit
Subreddit Icon
r/todayilearned
32.7m members
You learn something new every day; what did you learn today? Submit interesting and specific facts about something that you just found out here.
Visit
Subreddit Icon
r/lawncare
640k members
Lawn care guides, pictures, and discussions.
Visit
Subreddit Icon
r/atheism
2.8m members
Welcome to r/atheism, the web's largest atheist forum. All topics related to atheism, agnosticism and secular living are welcome. If you wish to learn more about atheism, please begin by reading the [FAQ](https://www.reddit.com/r/atheism/wiki/faq). If you are a theist, please be aware that proselytizing in any form is strictly prohibited. * Feel free to join our [Discord](https://discord.gg/gYPuj8R.
Visit
Subreddit Icon
r/india
1.9m members
The Official Subreddit for India
Visit
Subreddit Icon
r/ProtectAndServe
260k members
A place for the community and law enforcement to visit, discuss and interact.
Visit
Subreddit Icon
r/australia
1.4m members
A dusty corner on the internet where you can chew the fat about Australia and Australians.
Visit
r/biglaw
27.5k members
Welcome to r/biglaw
Visit
Subreddit Icon
r/europe
4.9m members
Europe: 50 (+6) countries, 230 languages, 746M peopleโ€ฆ 1 subreddit.
Visit
Subreddit Icon
r/technology
14.7m members
Subreddit dedicated to the news and discussions about the creation and use of technology and its surrounding issues.
Visit
Subreddit Icon
r/canada
1.9m members
Welcome to Canadaโ€™s official subreddit! This is the place to engage on all things Canada. Nous parlons en anglais et en franรงais. Please be respectful of each other when posting, and note that users new to the subreddit might experience posting limitations until they become more active and longer members of the community. Do not hesitate to message the mods if you experience any issues!
Visit
Subreddit Icon
r/LawStudentsCanada
6.8k members
A place to discuss the Canadian law school application process, law school, and the legal profession. We also have a Discord server where we talk about law school admissions, the LSAT, beyond law school, and the law generally.
Visit
28.3k
28.3k
903 comments
46.3k
Subreddit Icon
โ€ขPosted by3 years ago
Archived

Today, the Supreme Court issued decisions for two highly anticipated cases involving subpoenas seeking President Trump's tax returns.

The Chief Justice wrote for the Court in Trump v Vance, affirming the Second Circuit and rejecting the Government's position that, under Article II and the Supremacy Clause, the President was entitled to absolute immunity and a heightened standard for the issuance of a state criminal subpoenas. The case now goes back to the district court, where the Second Circuit permitted the Government to make alternative arguments. The vote was 5 in the majority (Roberts, Ginsburg, Breyer, Sotomayor, Kagan), 2 in concurrence with the decision (Gorsuch, Kavanaugh) and 2 in dissent (Thomas, Alito).

The Chief Justice also wrote for the Court in Trump vs Mazars, vacating the lower court ruling affirming the Congressional subpoena and implementing a balancing test for the district court to consider in deciding whether to grant a Congressional subpoena, including:

(1) whether the asserted legislative purpose warrants subpoenaing the President and his papers (ie. whether there are other sources that Congress could obtain this information from);

(2) whether the scope of the subpoena is sufficiently narrow so that it is no broader than necessary to support Congress' legislative objective;

(3) what the nature is of evidence Congress is offered to establish that a subpoena is necessary to advance a valid legislative agenda; and

(4) what burden is imposed on the President, particularly since the subpoena originates from a rival branch of government that could use such subpoenas for institutional advantage.

The vote was 7 in the majority (Roberts, Ginsburg, Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh) and 2 in dissent (Thomas, Alito).


Submissions that may interest you
SUBMISSIONDOMAIN
Supreme Court rules President Trump must turn over tax returns to New York prosecutorsnbc-2.com
Supreme Court rules Manhattan DA can obtain Trump taxesapnews.com
Supreme Court says Manhattan prosecutor may see Trumpโ€™s personal financial recordswashingtonpost.com
Supreme Court ruling allows subpoena of Trumpโ€™s tax recordsktuu.com
Supreme Court Rules Trump Cannot Block Release of Financial Recordsnytimes.com
Supreme Court wonโ€™t allow Congress to get Trump tax and financial records, for nowwashingtonpost.com
Supreme Court Upholds Grand Jury Subpoena For Trump's Tax Returnshuffpost.com
Supreme Court rules Trump not immune from New York grand jury processnbcnews.com
Supreme Court rules Manhattan prosecutor can demand Trumpโ€™s tax returnschicagotribune.com
SCOTUS rules against Trump on financial records subpoenasabcnews.go.com
Supreme Court rules Manhattan DA can obtain Trump tax returnscbs6albany.com
Supreme Court deals Trump a defeat, upholds demand for his tax returnsyahoo.com
Supreme Court rules Manhattan prosecutor can access Trump financial recordscbsnews.com
Supreme Court rules President Trump can't shield financial docs from NY prosecutorscbs46.com
U.S. Supreme Court rules against Trump bid to conceal financial records from prosecutorreuters.com
Court says Manhattan DA can get Trumpโ€™s tax records, but rejects bid by House Democratscnbc.com
Supreme Court says President Trump cannot keep tax, financial records from prosecutorsusatoday.com
Seems Trump has to reveal his financial records.politico.com
Supreme Court rules President Trumpโ€™s tax records may be turned over to Manhattan DAโ€™s officewmur.com
Supreme Court deals Trump a defeat, upholds demand for his tax returnslatimes.com
Supreme Court deals Trump a defeat, upholds demand for his tax returnsnews.yahoo.com
SCOTUS Orders Trump to Release Tax Returns Once and for Allthedailybeast.com
Supreme Court says Manhattan prosecutors can obtain Trump's financial recordsaxios.com
Supreme Court grants NY prosecutors access to Trump's tax returnsthehill.com
President Donald Trumpโ€™s tax returns can be obtained by Manhattan DA, Supreme Court rulesmasslive.com
Trump tax returns: Supreme Court rules president does not have to reveal financial documents to Houseindependent.co.uk
Supreme Court rules Manhattan DA can obtain Trump taxesnews.yahoo.com
Supreme Court rules Manhattan DA can obtain Trump taxesfinance.yahoo.com
Supreme Court says Manhattan district attorney can get Trump tax recordscnbc.com
Supreme Court ruling allows subpoena of Trumpโ€™s tax recordswjhg.com
Supreme Court Says N.Y. Grand Jury Can Get Trumpโ€™s Tax Returnsbloomberg.com
Supreme Court to rule on release of President Trumpโ€™s tax returnsnypost.com
Supreme Court Does Not Allow House To Immediately Obtain Trump Financial Recordshuffpost.com
Supreme Court rules Manhattan DA can obtain Trump taxespbs.org
Supreme Court Advances Subpoena of Trump Tax Returnscourthousenews.com
Trump loses SCOTUS battle with New York prosecutor over his taxes and financial records.scotusblog.com
Supreme court ruling Trump vs Vancesupremecourt.gov
What you need to know about the Supreme Court fight over Trump's financial recordsuk.reuters.com
Supreme Court to Decide if Trump Can Block Release of Tax Recordsnytimes.com
Supreme Court blocks House Democrats from access to Trump's financial records for nowusatoday.com
U.S. Supreme Court rules Donald Trump canโ€™t keep tax returns privateglobalnews.ca
Read: Trump v. Mazars Supreme Court rulingthehill.com
Supreme Court rules Trump canโ€™t block release of financial recordsfox5sandiego.com
Supreme Court says Congress can't get Trump records, for nowpost-gazette.com
Supreme Court Says Trump Not 'Immune' From Records Release, Pushes Back On Congressnpr.org
Supreme Court blocks congressional subpoenas for Trump's financial recordsabcnews.go.com
Trump tax returns: Supreme Court rules president must hand over financial documents to prosecutorindependent.co.uk
Trump 'must hand over records to NY prosecutors'bbc.com
Trump v. Mazars USA, LLPsupremecourt.gov
Supreme Court allows NY prosecutors to see Trump financial records, but not Congresskztv10.com
The Supreme Court Ruled Prosecutors In New York Can Get Trumpโ€™s Tax Returnsbuzzfeednews.com
The Supreme Court Let Trump Keep His Tax Returns Secret โ€” For Nowvice.com
Trump rages at Supreme Court over tax records case, claims 'political prosecution'cnbc.com
Manhattan DA: Trump tax return ruling a 'tremendous victory' for justice systemthehill.com
What will be lurking in Trump's tax returns?mobile.reuters.com
Trumpโ€™s taxes may be released to Manhattan grand jury, supreme court rulestheguardian.com
Trump wins court battle on financial records -- for nowcnn.com
Trump Throws Fit Over SCOTUS Ruling On His Tax Returnstalkingpointsmemo.com
U.S. Supreme Court allows prosecutor but not Congress to get Trump's financial recordsreuters.com
Trump complains of 'political prosecution' after SCOTUS rulings on financial recordsthehill.com
Supreme Court Justices Kavanaugh and Gorsuch ruled against Trump in landmark cases about the president's taxes and financial recordsbusinessinsider.com
Supreme Court rules Trump does not have "absolute immunity" in tax case: "No one is above the law"salon.com
Trump rips Supreme Court, claims โ€˜political prosecutionโ€™ after rulings on financial recordsfoxnews.com
'Not fair': Trump rages over Supreme Court decisions involving his financial recordsnbcnews.com
Trump blasts Supreme Court decision on financial records, saying it showed a lack of โ€˜deferenceโ€™usatoday.com
Trump erupts after Supreme Court rules to release his tax returns: โ€˜Not fair to this Presidency!'nydailynews.com
Supreme Court Rules Prosecutor May See Trump's Financial Recordskqed.org
'No One Is Above the Law': Supreme Court Allows New York Prosecutor to Subpoena Trump Financial Recordscommondreams.org
Supreme Court Says Trump Not 'Immune' From Records Release, But Hedges On House Caseboisestatepublicradio.org
Stocks tumble after Supreme Court rules Trump must hand over tax returnscnn.com
Opinion - The Supreme Court deals a blow to Trumpโ€™s delusions of untrammeled powerwashingtonpost.com
Trump ally Roger Stone should go to prison next week, prosecutors tell courtcnbc.com
Supreme Court rules N.Y. prosecutors can access Trump financial records, but not yet Congresscbc.ca
Trump attacks Lindsey Graphm after SCOTUS rulingspolitico.com
Court rulings keep Trumpโ€™s financial records private for nowdetroitnews.com
Trump attacks Lindsey Graham after SCOTUS rulingspolitico.com
Supreme Court ruling on tax records 'not good news' for Trump, says Pelosimcclatchydc.com
U.S. Supreme Court lets prosecutor but not Congress obtain Trump financial recordsreuters.com
House GOPers Paint SCOTUS Ruling On Trump Tax Returns As โ€˜Politicalโ€™talkingpointsmemo.com
Biden Taunts Trump After SCOTUS Ruling On POTUSโ€™s Tax Returnstalkingpointsmemo.com
Historian on Supreme Court ruling: This is a very dark day for Donald Trump - CNN Videoamp.cnn.com
Fox News's Napolitano calls SCOTUS tax rulings a defeat for Trumpthehill.com
Hereโ€™s Whatโ€™s Next In The Battle Over Trumpโ€™s Tax Returns After The Supreme Courtโ€™s Decisionsmarketwatch.com
Most Americans still want President Trump to release his tax returnstoday.yougov.com
Trump says heโ€™s a victim of โ€˜political prosecutionโ€™ after Supreme Court rulingswashingtonpost.com
The Supreme Court just shut the door on seeing Trump's taxes before the electioncnn.com
The Supreme Court just dealt a huge blow to Congressโ€™s power to investigate Trump - The Court holds that there are special rules for the president.vox.com
The Supreme Courtโ€™s unanimous โ€” and biting โ€” rebuke of one of Trumpโ€™s many โ€˜absoluteโ€™ claimswashingtonpost.com
The 1 big thing Donald Trump still doesn't get about the Supreme Courtedition.cnn.com
Rep. Jim Jordan (R-OH) calls the Supreme Court's decision to allow the release of President Trump's tax returns as "terrifying", saying "Americans are terrified of being audited by the IRS"townhall.com
The Supreme Court Puts Trump in His Placebloomberg.com
The Supreme Court just declared Trump isnโ€™t above the law. But he also got a reprieve.washingtonpost.com
US Supreme Court Rules Some Trump Financial Records Can Be Revealedvoanews.com
You Won't See Trump's Taxes Before Election Day, But He Could Face Bigger Problemsnpr.org
Donald Trump Is Stalling on Releasing Details of His Personal Financesmotherjones.com
Trump calls Supreme Court rulings 'purely political' and rails against 'hellhole' New York as BLM mural painted outside towerindependent.co.uk
Trump rails against Obama, FBI, Senate GOP after Supreme Court ruling on financial recordsaxios.com
Donโ€™t Be Fooled, Trump Is a Winner in the Supreme Court Tax Casenytimes.com
SCOTUS says New York prosecutors can seek Trump's tax documents,โ€‹ blocks Congress from getting them โ€” at least for nowtheblaze.com
Supreme Court Lawyer on Tax Return Rulings: โ€˜If Iโ€™m Donald Trump, Iโ€™m Scared Right Nowโ€™lawandcrime.com
Trump Says The Supreme Court Rulings On His Tax Records Are 'Not Fair'npr.org
In Wake of Supreme Court Ruling, Powerful House Democrat Richard Neal Faulted as 'Biggest Obstacle' to Getting Trump Tax Returnscommondreams.org
The Supreme Court Brings the Presidency Back From a Lawless Brink: Today's decisions may not provide the deus ex machina that brings down Trump, but they slam the brakes on runaway executive power.newrepublic.com
Kayleigh McEnany says Trump's tax returns are still under auditaxios.com
Wait, did Trump win or lose? A seven-question FAQ on the Supreme Courtโ€™s ruling.washingtonpost.com
The Court Has Decided: Someone Will See Trumpโ€™s Financial Crimesโ€”Somedaythenation.com
Five takeaways from Supreme Court's rulings on Trump tax returnsthehill.com
Trump ran out the clock on his tax returns. House Democrats let him.theweek.com
Trump: Supreme Court ruling a 'witch hunt' and 'hoax'bbc.com
Appeals Court Pauses Lawsuit Over Trump Hotel Profitsusnews.com
The Supreme Court Ruled Prosecutors In New York Can Get Trumpโ€™s Tax Returnsbuzzfeednews.com
Gasparino explains why Trump tax returns could be 'embarrassing' for president if made publicfoxnews.com
Trump Wins Court Hold on Hotel Emoluments Suit During Appealbloomberg.com
2020 Daily Trail Markers: Supreme Court rules on Trump financial recordscbsnews.com
Rulings let Trump keep his taxes under wraps for now, but his angry reaction underscores a political riskwashingtonpost.com
Trump on Releasing His Tax Returns: From โ€˜Absolutelyโ€™ to โ€˜Political Prosecutionโ€™nytimes.com
How Trump โ€˜Wins Despite Losingโ€™ in โ€˜Muddledโ€™ Supreme Court Rulings Over Tax Returnslawandcrime.com
Perspective - Presidents donโ€™t usually lose as badly at the Supreme Court as Trump didwashingtonpost.com
Trump's tax nightmare comes true as he loses Supreme Court casemsnbc.com
The Supreme Court Teaches Trump the Limits of His Presidencynewyorker.com
A Conservative Court and Trumpโ€™s Own Appointees Declare Their Independencenytimes.com
Just how screwed is Trump after SCOTUSโ€™S tax returns ruling?vanityfair.com
Trump: I'm the president, I can't be subpoenaed or investigated. Supreme Court: Uh, no.usatoday.com
U.S. Supreme Court rebuffs Trump's immunity claim, lets prosecutor get financial recordsreuters.com
Trump looks for political edge in latest high court rulingswric.com
Trump spins political victory out of Supreme Court defeatpolitico.com
Supreme Court deals Trump another loss as he hits Fauci for 'mistakes'msnbc.com
Trump, Democrats both hoped for big political wins in Supreme Court decisions on taxes. Neither got oneusatoday.com
Trump looks for political edge in latest high court rulingsapnews.com
Trump Looks for Political Edge in Latest High Court Rulingsnbcwashington.com
U.S. Supreme Court defied Trump at key moments in blockbuster termreuters.com
The Supreme Court just revoked Trumpโ€™s get-out-of-jail-free cardwashingtonpost.com
Judge Napolitano Schools Fox News on Trump's SCOTUS โ€˜Defeatโ€™thedailybeast.com
46.3k
7.6k comments
19.5k
Subreddit Icon
โ€ขPosted by1 year ago
Archived

In response to Justice Breyer's retirement, President Biden has nominated US Court of Appeals Circuit Judge Ketanji Brown Jackson for a seat on the Supreme Court of the United States.

After graduating from Harvard University, Jackson clerked for Justice Breyer and served as vice chair of the U.S. Sentencing Commission. She was nominated for district court judgeship by President Obama and was considered as a potential replacement for Justice Scalia. She was elevated to the US Court of Appeals in March of 2021 after receiving confirmation votes from a bipartisan collection of Senators, including Lindsay Graham, Susan Collins, and Lisa Murkowski.

Following the nomination, Jackson will face the Senate Judiciary Committee and undergo vetting and questioning by the 20-person team. The committee will then vote on whether or not to advance her to the Full Senate for a final approval vote. If seated, she will have a lifetime appointment and become the first Black woman to serve on the court, as has been pledged by Biden throughout his campaign and presidency.


Submissions that may interest you
SUBMISSIONDOMAIN
Biden to nominate Judge Ketanji Brown Jackson to Supreme Courtnbcnews.com
AP Source: Biden taps Ketanji Brown Jackson for high courtapnews.com
Biden to Nominate Judge Ketanji Brown Jackson to Supreme Courtnbcconnecticut.com
Biden nominates Ketanji Brown Jackson to be first Black woman to sit on Supreme Courtcnn.com
Biden to Nominate U.S. Judge Ketanji Brown Jackson to Be First Black Woman on Supreme Courtbloomberg.com
AP Source: Biden taps Ketanji Brown Jackson for high courtapnews.com
Biden has chosen his Supreme Court nomineewashingtonpost.com
Ketanji Brown Jackson's candid 2007 take on Justice Clarence Thomas: 'I donโ€™t understand you'abcnews.go.com
Supreme Court: Biden to nominate Ketanji Brown Jackson to top courtbbc.com
Biden taps Ketanji Brown Jackson for Supreme Courtwtop.com
President Biden will nominate Ketanji Brown Jackson to US Supreme Courtthegrio.com
Supreme Court Nominee Judge Ketanji Brown Jacksonwhitehouse.gov
Lindsey Graham declared that 'the radical Left has won' as Biden selected Judge Ketanji Brown Jackson for Supreme Court seatbusinessinsider.com
Biden will nominate Ketanji Brown Jackson to Supreme Courtsun-sentinel.com
Biden nominates Ketanji Brown Jackson to become first Black woman on supreme courttheguardian.com
Biden picks Ketanji Brown Jackson as historic U.S. Supreme Court nomineereuters.com
Biden picks Ketanji Brown Jackson as historic U.S. Supreme Court nomineereuters.com
With his Supreme Court pick, Ketanji Brown Jackson, Biden takes the culture war fight to Republicanssalon.com
Biden Selects Judge Ketanji Brown Jackson as His Supreme Court Nomineethedailybeast.com
Bidenโ€™s Supreme Court nominee Judge Ketanji Brown Jackson thanks God, credits faithwashingtontimes.com
The History Behind the First Black Woman Supreme Court Justice Nominee. On Feb. 25, the White House confirmed that President Joe Biden is nominating Ketanji Brown Jackson to the U.S. Supreme Court Justice.time.com
ACS Applauds President Biden's Historic Nomination of Judge Ketanji Brown Jacksonacslaw.org
Biden's Supreme Court pick Ketanji Brown Jackson is good for the court โ€” and countrymsnbc.com
How Paul Ryan is related to Ketanji Brown Jacksonwashingtonpost.com
How Ketanji Brown Jackson found a path between confrontation and compromisewashingtonpost.com
Tucker Carlson condemned for Ketanji Brown Jackson โ€˜Rwandaโ€™ commentstheguardian.com
Biden nominates Ketanji Brown Jackson to Supreme Courttheglobeandmail.com
Biden nominates Judge Jackson to Supreme Courttheglobeandmail.com
Biden nominates Ketanji Brown Jackson, first Black woman, to Supreme Courtkltv.com
Tucker Carlson says Ketanji Brown Jackson appointment would โ€˜humiliateโ€™ Supreme Court and make US like Rwandaindependent.co.uk
'He loved every minute of thisโ€™โ€” How Biden decided on Ketanji Brown Jacksonpolitico.com
Supreme Court nominee Ketanji Brown Jackson: โ€˜One can only come this far by faithโ€™religionnews.com
Ketanji Brown Jackson's nomination is about more than symbolism โ€” it's about changecnn.com
Anita Hill: Ketanji Brown Jacksonโ€™s Nomination to the Supreme Court Signals Historic Changenativenewsonline.net
Sen. Roger Wicker Opposes Ketanji Brown Jackson For Supreme Courtmississippifreepress.org
19.5k
4.6k comments
21.4k
21.4k
1.6k comments
2.4k
Subreddit Icon
โ€ขPosted by2 years ago

Housekeeping:



FACE Act

Attorney General Merrick Garland followed through on his pledge to more vigorously protect abortion access last week by bringing charges under the FACE Act. Columbus man Carlos Manuel Rodriguez Brime, 25, was arrested and charged with violating the Freedom of Access to Clinic Entrances (FACE) Act for making two telephone threats to a local reproductive health care clinic.

โ€œThe department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack. We have reached out to U.S. Attorneysโ€™ Offices and FBI field offices in Texas and across the country to discuss our enforcement authorities,โ€ Garland said in a statement earlier this month. โ€œWe will not tolerate violence against those seeking to obtain or provide reproductive health services, physical obstruction or property damage in violation of the FACE Act.โ€

While the AG has promised to explore using the FACE Act to prosecute those who seek to enforce Texasโ€™ latest anti-abortion law (SB 8), in reality, the simple threat of expensive litigation - not physical violence - against abortion providers is enough to bring a virtual halt to the procedure.

โ€œWhile itโ€™s encouraging that theyโ€™re focused on this issue and the problems of the law, I donโ€™t know that that statement or enforcement of the Face Act will make a material difference in Texas right now,โ€ said Jenny Ecklund, a lawyer representing several people and advocacy organizations that help women access abortions and have won restraining orders in local courts in advance of the ban taking effect. โ€œNow the issue is providers have stopped providing.โ€


DOJโ€™s TX lawsuit

The Department of Justice filed a 47-page emergency motion last week asking the Western District Court of Texas to issue a temporary restraining order against Texasโ€™s anti-abortion law. โ€œIt is settled constitutional law that โ€˜a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability. But Texas has done just that,โ€ the DOJ lawsuit says (pdf). Judge Earl Leroy Yeakel (George W. Bush appointee) will hear the case. Yeakel has already ruled against numerous abortion restrictions in Texas, though the conservative 5th Circuit Court of Appeals has overturned his opinions in each instance.

  • For example, Yeakel ruled in favor of abortion providers in Whole Womenโ€™s Health v. Hellerstedt. The 5th Circuit overturned most of his order. In June 2016, the Supreme Court upheld Yeakelโ€™s original ruling.

24 state attorneys general filed an amicus brief supporting the DOJโ€™s lawsuit, writing that SB 8 is โ€œunequivocally unconstitutional.โ€ The Attorneys general include those from California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and North Carolina (pdf).

In addition to the serious threat that S.B. 8 poses to our constitutional order and the rule of law, S.B. 8 will also causeโ€”indeed, has already causedโ€”countless people in Texas to suffer irreparable harm as a result of the deprivation of their constitutional right to terminate a pregnancy before viability. Today, virtually no one can obtain an abortion in Texas. In order to obtain abortion care, patients now have to travel out-of-state, which makes abortion for many people too difficult, too time-intensive, and too costly. As a consequence, many will now be forced to carry unwanted pregnancies to term. And forcing people into unwanted pregnancies will result in negative health and socioeconomic consequences for both them and their children. In the face of this extraordinary attempt by Texas to eliminate abortion services long protected by the Fourteenth Amendment and the serious harms that people in Texas and elsewhere will suffer as a result, this Court should grant immediate relief

Related: โ€œOpinion: Why I violated Texasโ€™s extreme abortion ban,โ€ WaPo.

"On the morning of Sept. 6, I provided an abortion to a woman who, though still in her first trimester, was beyond the state's new limit. I acted because I had a duty of care to this patient, as I do for all patients, and because she has a fundamental right to receive this care. I fully understood that there could be legal consequences โ€” but I wanted to make sure that Texas didnโ€™t get away with its bid to prevent this blatantly unconstitutional law from being tested.โ€


Supreme Court

Reminder: The Supreme Court is going to hear arguments in another abortion case, Dobbs v. Jackson Women's Health Organization, during the 2021-2022 term. The suit, brought by reproductive health clinic Jackson Womenโ€™s Health, challenges Mississippiโ€™s law prohibiting abortions after the 15th week of pregnancy. Both the district and appeals courts ruled the law unconstitutional and its blocked enforcement.

This is the first time the Court will rule on the constitutionality of a pre-viability abortion ban since Roe. The Courtโ€™s ruling in Roe recognized that the decision whether to continue a pregnancy or have an abortion, which impacts a personโ€™s body, health, family and future, belongs to the individual, not the government. Nancy Northup, president and CEO of the Center, said in a statement: โ€œAlarm bells are ringing loudly about the threat to reproductive rights. The Supreme Court just agreed to review an abortion ban that unquestionably violates nearly 50 years of Supreme Court precedent and is a test case to overturn Roe v. Wade.โ€

UPDATE: Oral arguments scheduled for Dec. 1

Numerous amici curiae briefs have been filed on behalf of both sides, but one in particular sticks out in its ignorance and misogyny: Former Texas solicitor general Jonathan Mitchell - who helped write Texasโ€™s SB 8 - and co-counsel Adam Mortara, a former clerk of Justice Clarence Thomas, filed a brief arguing that women must stop having sexual intercourse (pdf).

Women can โ€˜control their reproductive livesโ€™ without access to abortion; they can do so by refraining from sexual intercourseโ€ฆ One can imagine a scenario in which a woman has chosen to engage in unprotected (or insufficiently protected) sexual intercourse on the assumption that an abortion will be available to her later. But when this court announces the overruling of Roe, that individual can simply change their behavior in response to the courtโ€™s decision if she no longer wants to take the risk of an unwanted pregnancy.

Mitchell and Mortara invite the Supreme Court to overrule not just Roe v. Wade and Planned Parenthood v. Casey, but also LGBTQ+ landmark decisions Lawrence v. Texas and Obergefell v. Hodges.

The news is not as good for those who hope to preserve the court-invented rights to homosexual behavior and same-sex marriage. See Lawrence, 539 U.S. 558; Obergefell, 576 U.S. 644. These โ€œrights,โ€ like the right to abortion from Roe, are judicial concoctions, and there is no other source of law that can be invoked to salvage their existence...The right to marry an opposite-sex spouse is โ€œdeeply rooted in this Nationโ€™s history and traditionโ€; the right to marry a same-sex spouse obviously is not.

This is not to say that the Court should announce the overruling of Lawrence and Obergefell if it decides to overrule Roe and Casey in this case. But neither should the Court hesitate to write an opinion that leaves those decisions hanging by a thread. Lawrence and Obergefell, while far less hazardous to human life, are as lawless as Roe.


Tennessee abortion ban

A three-judge panel of the Sixth Circuit Court of Appeals blocked a Tennessee ban on abortion at the sixth week of pregnancy and another ban on obtaining an abortion based on certain reasons, such as fetal Down syndrome. Two Bill Clinton appointees, Martha Daughtrey and Karen Moore, ruled that the lawโ€™s โ€œprovisions are constitutionally unsoundโ€ (pdf).

We take note that state legislatures recently have passed more anti-abortion regulations than perhaps at any other time in this countryโ€™s history. However, this development is not a signal to the courts to change course. It is, in fact, just the opposite. The judiciary exists as a check on majoritarian rule. It has a duty to protect the Constitutional rights, including privacy and bodily autonomy, of those within its borders, evenโ€”or especiallyโ€”if the relevant class of people โ€œhas [ ] been subjected to a โ€˜tradition of disfavorโ€™ by our laws.โ€

Trump appointee Amul Thapar dissented, writing that the foundational Supreme Court abortion cases Roe and Casey โ€œare wrong as a matter of constitutional text, structure, and history.โ€

The Roe/Casey framework doesnโ€™t just conflict with the original understanding of the Constitutionโ€”it cannot be justified under any modern approach to constitutional interpretation. Even living constitutionalism, taken seriously, permits Tennesseeโ€™s (and many other statesโ€™) efforts to combat fetal pain. After all, the living constitution theory considers evolving standards of decency.


Further reading:

โ€œACLU Sues Over Arizona Law That Bans Abortions in Cases of โ€˜Genetic Abnormality,โ€™ Grants โ€˜Personhoodโ€™ to Fertilized Eggs,โ€ Law&Crime

โ€œPlanned Parenthood sues Montana over new abortion laws,โ€ AP

โ€œHouse Committees Advance Budget Reconciliation Legislation With Critical Investments in Sexual & Reproductive Health Care,โ€ Planned Parenthood

2.4k
223 comments
10.6k
10.6k
206 comments
3.1k
3.1k
106 comments
1.3k
1.3k
48 comments