Tag: Supreme Court (US)

Why America’s Most Famous Flag Burner Is Celebrating This Flag Day

After Cleveland police officers arrested Gregory L. Johnson in 2016 as he burned an American flag outside the Republican National Convention, Mr. Johnson sued the city, saying the officers had violated his First Amendment rights. He should know. The Supreme Court had ruled decades before that flag burning was a protected form of speech. The […]

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When We Kill

“I hereby sentence you to death.” The words of Judge Clifford B. Shepard filled the courtroom in Jacksonville, Fla., on Oct. 27, 1976. Shepard was sentencing Clifford Williams Jr., whom a jury had just found guilty of entering a woman’s house with a spare key entrusted to him and then shooting her dead from the […]

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He Won a Landmark Case for Privacy Rights. He’s Going to Prison Anyway.

Timothy Carpenter won’t be remembered for the circumstances that landed him in prison, but for the Supreme Court case that bears his name. Carpenter v. United States, which set a new benchmark for privacy in the digital age, requires the police to obtain a warrant before obtaining cellphone location history from a phone company. Privacy […]

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Prosecutors Are Shaping Privacy Law, and Your Privacy Isn’t Their Priority

On most weekdays in the federal courthouse in Brooklyn, prosecutors will ask the magistrate judge on duty to issue lots of sealed orders authorizing them to use all sorts of investigative technologies or requiring technology companies to keep tech-based searches secret. But that typically won’t happen when I’m the judge on duty. When it’s my […]

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Justice Breyer Raises Specter of Perpetual Detention Without Trial at Guantánamo

WASHINGTON — The Supreme Court on Monday refused to hear a lawsuit by a Yemeni man who has been held in wartime detention for more than 17 years at the military’s Guantánamo Bay prison, prompting Justice Stephen G. Breyer to warn that the American legal system is on autopilot toward permitting life imprisonment without trial. […]

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Ginsburg Hints at Sharp Divisions Ahead as Supreme Court Term Nears End

WASHINGTON — In 2012, as the Supreme Court was mulling the fate of President Barack Obama’s health care law, Justice Ruth Bader Ginsburg addressed the American Constitution Society, a liberal group. “This term has been more than usually taxing,” she said. Two weeks later, Chief Justice John G. Roberts Jr. joined Justice Ginsburg and the […]

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Liberals Begin Lining Up Young Judges for a Post-Trump Surge

WASHINGTON — When President Trump took office, more than 100 vacancies for him to fill existed on the federal bench, an inaugural gift from Senate Republicans who persistently thwarted the Obama administration’s best efforts to install judges after Democrats lost control of the Senate in the 2014 elections. Mr. Trump and Senator Mitch McConnell of […]

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YouTube Is a Very Bad Judge and Jury

Charlie Warzel: It’s been a rough week for YouTube, even by tech backlash standards. Just this week the company has come under fire for creating a “digital playground” for pedophiles. Then, it attempted to purge extremist content from its site, only to accidentally delete a number of videos on Nazi history made by professors as […]

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Why Pete Buttigieg Is Wrong About the Supreme Court

President Trump has not done much for Republican legislative priorities. But he has — with the help of a ruthlessly single-minded Mitch McConnell — branded the federal judiciary with his influence. Judges nominated by Trump will be making law, and interpreting the Constitution, for at least a generation. This prospect of entrenched judicial opposition to […]

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Charges of Politics in Census Debate Are ‘Smoke and Mirrors,’ Justice Dept. Says

WASHINGTON — The Justice Department issued a withering rebuke on Monday to assertions that a Republican political operative helped draft the department’s request to place a citizenship question on the 2020 census, a decision whose legality the Supreme Court is likely to decide within weeks. In a brief filed in United States District Court in […]

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Man Who Threatened to Kill 2 Senators Who Supported Kavanaugh Gets 18 Months in Prison

A Long Island man who threatened to kill two United States senators in retaliation for their support for Brett M. Kavanaugh’s nomination to the Supreme Court was sentenced Monday to 18 months in prison. The man, Ronald DeRisi, 75, of Smithtown, N.Y., left multiple expletive-laden voice mail messages at the offices of the senators and […]

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Trump’s War on Worker Rights

President Trump ran for office as a champion of American workers and a friend of labor unions, but his administration has systematically favored employers at the expense of workers. In recent months, the administration has moved to tighten qualifications for who must be paid the minimum wage and who must be paid overtime. It is […]

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Clarence Thomas’s Dangerous Idea

Criticizing his fellow justices’ decision to block part of an Indiana law that banned abortion based on sex, race or disability, Clarence Thomas performed a public service: He brought two competing historical narratives into contact with one another, on an issue where ideological arguments often pass like trains in the night. The Thomas argument, common […]

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Will the Legitimacy of the Supreme Court Survive the Census Case?

The Supreme Court is poised to decide one of its most divisive cases since litigation around the travel ban: the challenge to the Trump administration’s attempt to add a citizenship question to the 2020 census. Even as the justices deliberate on this case, shocking new reporting offers critical support to opponents of the administration’s position. […]

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Looks Like the Trump Administration Lied About the Census

A trove of documents brought to the attention of the Supreme Court on Thursday makes it hard to see the Trump administration’s efforts to include a citizenship question on the 2020 census as anything but a partisan power grab. The court will decide before the end of June whether Wilbur Ross, the commerce secretary, was […]

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Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Census Citizenship Question

WASHINGTON — Thomas B. Hofeller achieved near-mythic status in the Republican Party as the Michelangelo of gerrymandering, the architect of partisan political maps that cemented the party’s dominance across the country. But after he died last summer, his estranged daughter discovered hard drives in her father’s home that revealed something else: Mr. Hofeller had played […]

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Louisiana Moves to Ban Abortions After a Heartbeat Is Detected

On the heels of a spate of anti-abortion legislation passed in recent months across the South, Louisiana lawmakers voted on Wednesday to ban the procedure once the pulsing of what will become the fetus’s heart could be detected — a restriction, backed by the state’s Democratic governor, that could eventually prohibit abortions as early as […]

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The Shifting Standards of Mitch McConnell

WASHINGTON — When it came to filling a Supreme Court vacancy during the 2016 presidential election year, Senator Mitch McConnell had a constant refrain: Let the people decide. But should a high court seat become open in 2020, Mr. McConnell has already decided himself. “Oh, we’d fill it,” Mr. McConnell, the Kentucky Republican and majority […]

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Explaining the Supreme Court Ruling on Indiana’s Abortion Law

You’re reading In Her Words, where women rule the headlines. Sign up here to get it delivered to your inbox. Let me know what you think at dearmaya@nytimes.com. Quick programming note! I’ll be away on Friday but will see you back here next Tuesday for more In Her Words. On Tuesday, the Supreme Court turned […]

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