Takeaways from the Supreme Court’s term: Largely good news for Trump

The Supreme Court has been very good to President Donald Trump lately. Even before he won a new term in the White House, the court eliminated any doubt about whether Trump could appear on presidential ballots, then effectively spared him from having to stand trial before the 2024 election on criminal charges he tried to overturn the 2020 election. That same ruling spelled out a robust view of presidential power that may well have emboldened Trump’s aggressive approach in his second term. In the five months since Trump’s inauguration, the court has been largely deferential to presidential actions, culminating in Friday’s decision to limit the authority of federal judges who have sought to block Trump initiatives through nationwide court orders. The decisions from a court that includes three justices Trump appointed during his first term have provoked a series of scathing dissents from liberal justices Sonia Sotomayor and Ketanji Brown Jackson. They accuse the conservative supermajority of kowtowing to the president and putting the American system of government “in grave jeopardy,” as Jackson wrote Friday. Justice Amy Coney Barrett, author of the opinion limiting nationwide injunctions, responded to Jackson’s “startling line of attack” by noting that she “decries an imperial executive while embracing an imperial judiciary.” To be sure, the court has not ruled uniformly for Trump, including by indefinitely stopping deportations to a notorious prison in El Salvador without giving people a reasonable chance to object. That’s where the court deals with cases that are still in their early stages, most often intervening to say whether a judge’s order should be in effect while the case proceeds through the courts. While preliminary, the justices’ decisions can signal where they eventually will come out in the end, months or years from now. Emergency orders are generally overshadowed by decisions the justices issued in the cases they heard arguments between last fall and the spring. Almost since the beginning of Trump’s second term, the court’s emergency docket has been packed with appeals from his administration. For a while, the justices were being asked to weigh in almost once a week as Trump pushed to lift lower court orders slowing his ambitious conservative agenda. Trump scored a series of wins on issues ranging from the revocation of temporary legal protections for immigrants to Elon Musk’s dramatic cost cutting at the Department of Government Efficiency. And that was before Friday’s decision on nationwide injunctions, court orders that prevent a policy from taking effect anywhere. Many of the recent orders are in line with the conservatives’ robust view of executive power. The three liberal justices dissented from each of three cases involving transgender rights or LGBTQ issues more generally. Trump has moved aggressively to roll back the rights of transgender people and the court has rebuffed attempts to stop him. In another emergency appeal, the court’s conservatives allowed a ban to take effect on transgender members of the military, even after lower courts had found the policy unconstitutional. In mid-June, Roberts wrote the opinion for a conservative majority that upheld Tennessee’s ban on certain medical treatment for transgender youth, rejecting arguments that it amounted to unconstitutional discrimination. The decision probably will affect a range of other pending court cases on transgender issues, including those involving access to health care, participation on sports teams and gender markers on birth certificates. On the final day of decisions, the justices ruled in favor of Maryland parents with religious objections who don’t want their children exposed to public school lessons using LGBTQ storybooks. The case was about religious freedom, Justice Samuel Alito wrote for the majority. Sotomayor wrote in dissent that the decision “threatens the very essence of public education.”

Supreme Court win for girl with epilepsy expected to make disability lawsuits

A teenage girl with a rare form of epilepsy won a unanimous Supreme Court ruling on Thursday that’s expected to make it easier for families of children with disabilities to sue schools over access to education. The girl’s family says that her Minnesota school district didn’t do enough to make sure she has the disability accommodations she needs to learn, including failing to provide adequate instruction in the evening when her seizures are less frequent. But lower courts ruled against the family’s claim for damages, despite finding the school had fallen short. That’s because courts in that part of the country required plaintiffs to show schools used “bad faith or gross misjudgment,” a higher legal standard than most disability discrimination claims. The district, Osseo Area Schools, said that lowering the legal standard could expose the country’s understaffed public schools to more lawsuits if their efforts fall short, even if officials are working in good faith. The family appealed to the Supreme Court, which found that lawsuits against schools should have the same requirements as other disability discrimination claims. Children with disabilities and their parents “face daunting challenges on a daily basis. We hold today that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs,” Chief Justice John Roberts wrote for the court. The court rebuffed the district’s argument, made late in the appeals process, that all claims over accommodations for people with disabilities should be held to the same higher standard — a potentially major switch that would have been a “five-alarm fire” for the disability rights community, the girl’s lawyers said. Justice Clarence Thomas, joined by Justice Brett Kavanaugh, wrote separately to say he would be willing to consider those arguments at some point in the future, though he didn’t say whether they would win. But Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, saw it differently. Sotomayor wrote in another concurrence that adopting those higher standards more broadly would “eviscerate the core” of disability discrimination laws. The girl’s attorney Roman Martinez, of Latham & Watkins, called Thursday’s ruling a win for the family and “children with disabilities facing discrimination in schools across the country.” He added that “it will help protect the reasonable accommodations needed to ensure equal opportunity for all.” Judge blocks plan to allow immigration agents in New York City jail A judge blocked New York City’s mayor from letting federal immigration authorities reopen an office at the city’s main jail, in part because of concerns the mayor invited them back in as part of a deal with the Trump administration to end his corruption case. New York Judge Mary Rosado’s decision Friday is a setback for Democratic Mayor Eric Adams, who issued an executive order permitting U.S. Immigration and Customs Enforcement and other federal agencies to maintain office space at the Rikers Island jail complex. City lawmakers filed a lawsuit in April accusing Adams of entering into a “corrupt quid pro quo bargain” with the Trump administration in exchange for the U.S. Justice Department dropping criminal charges against him. Rosado temporarily blocked the executive order in April. In granting a preliminary injunction, she said city council members have “shown a likelihood of success in demonstrating, at minimum, the appearance of a quid pro quo whereby Mayor Adams publicly agreed to bring Immigration and Customs Enforcement (”ICE”) back to Rikers Island in exchange for dismissal of his criminal charges.” Rosado cited a number of factors, including U.S. border czar Tom Homan’s televised comments in February that if Adams did not come through, “I’ll be in his office, up his butt saying, ‘Where the hell is the agreement we came to?’ ” Adams has repeatedly denied making a deal with the administration over the criminal case. He has said he deputized his first deputy mayor, Randy Mastro, to handle decision-making on the return of ICE to Rikers Island to make sure there was no appearance of any conflict of interest. Rosado said that Mastro reports to Adams and “cannot be considered impartial and free from Mayor Adams’ conflicts.” Mastro said in a prepared statement Friday the administration was confident they will prevail in the case. “Let’s be crystal clear: This executive order is about the criminal prosecution of violent transnational gangs committing crimes in our city. Our administration has never, and will never, do anything to jeopardize the safety of law-abiding immigrants, and this executive order ensures their safety as well,” Mastro said. City Council Speaker Adrienne Adams, who is running in the Democratic primary for mayor, called the decision a victory for public safety. “New Yorkers are counting on our city to protect their civil rights, and yet, Mayor Adams has attempted to betray this obligation by handing power over our city to Trump’s ICE because he is compromised,” she said in a prepared statement.

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Judge to weigh Louisiana AG’s challenge to city jail’s ‘sanctuary’ policy

Louisiana Attorney General Liz Murrill is pushing forward with her efforts to force Orleans Parish Sheriff Susan Hutson to drop a longtime policy that generally prohibits deputies from directly engaging in federal immigration enforcement within the city’s jail. In legal filings, Murrill claims that the policy — which the state characterizes as a so-called “sanctuary city” policy — is in direct conflict with a newly passed state law that requires state and local law enforcement agencies to cooperate with federal immigration agencies. “The consent decree now sits fundamentally at odds with state law as applicable to immigration detainers,” Murrill said in court documents filed Friday. A federal court will now determine whether to allow the state of Louisiana to join a 2011 federal suit that resulted in the policy and whether to throw out the policy altogether. A hearing has been set for April 30. The state’s campaign against “sanctuary” policies comes as President Donald Trump is pushing local law enforcement agencies to join the federal government in his promised immigration crackdown. Since his inauguration, Trump has ordered the U.S. Department of Homeland Security to push for more partnerships between local law enforcement units and federal immigration agencies. A few have already signed up. Louisiana Gov. Jeff Landry, a longtime immigration hardliner and Trump ally, has worked with Republican lawmakers in the state to enact laws that encourage those collaborations. As attorney general, Landry criticized a policy adopted by the New Orleans Police Department, under a long-running federal consent decree that blocks officers from enforcing immigration laws. Neither Murrill’s office nor representatives for U.S. Immigration and Customs Enforcement responded to requests for comment. In court filings, Murrill said Hutson “does not oppose the (state’s) intervention” in the case.” But a spokesperson for Hutson said that’s not exactly true. “It’s more accurate that we take no position regarding the state intervention,” a Sheriff’s Office spokesperson said in an emailed statement on Wednesday. While she has not taken a position for or against increased collaboration with ICE, in an interview with Fox 8 in December, Hutson noted that the jail’s resources were far too stretched to take on immigration enforcement. The sheriff’s policy stems from a 2013 federal court settlement in a civil rights case involving two New Orleans construction workers picked up on minor charges in 2009 and 2010. Mario Cacho and Antonio Ocampo sued after they were allegedly illegally held in the city’s jail past the completion of their sentences. The two were held at the request of U.S. Immigration and Customs Enforcement. The agency issues such “detainer” requests to local law enforcement agencies, asking them to hold onto arrestees who are suspected of immigration violations. Local agencies are only supposed to honor the hold requests for 48 hours, after which they should let detainees free. But in 2009 and 2010, then-Sheriff Marlin Gusman detained Cacho and Ocampo for months, according to legal filings in their case against the office. Ocampo and Cacho settled the case with the Sheriff’s Office in 2013, and Gusman agreed to adopt a new policy on immigration investigations. The resulting policy blocks the agency from investigating immigration violations and from detaining immigrants for ICE without a court order, except in certain cases where they are facing charges for a small number of serious violent crimes.

Korea’s truth commission says government responsible for fraud in foreign adoptions

South Korea’s truth commission concluded the government bears responsibility for facilitating a foreign adoption program rife with fraud and abuse, driven by efforts to reduce welfare costs and enabled by private agencies that often manipulated children’s backgrounds and origins. The landmark report released Wednesday followed a nearly three-year investigation into complaints from 367 adoptees in Europe, the United States, and Australia, representing the most comprehensive examination yet of South Korea’s foreign adoptions, which peaked under a succession of military governments in the 1970s and ’80s. The government-appointed Truth and Reconciliation Commission said it confirmed human rights violations in 56 of the complaints and aims to review the remaining cases before its mandate expires in late May. However, some adoptees and even a commission investigator criticized the cautiously written report, acknowledging that investigative limitations prevented the commission from more strongly establishing the government’s complicity. That investigator, Sang Hoon Lee, also lamented that the panel on Tuesday deferred assessments of 42 other adoptees’ cases, citing a lack of documentation to sufficiently prove their adoptions were problematic. Lee and the commission chairperson, Sun Young Park, did not specify which types of documents were central to the discussions. However, Lee implied that some members of the commission’s decision-making committee were reluctant to recognize cases in which adoptees had yet to prove beyond doubt that the biological details in their adoption papers had been falsified — either by meeting their birth parents or confirming information about them. Most Korean adoptees were registered by agencies as abandoned orphans, although they frequently had relatives who could be easily identified or found, a practice that often makes their roots difficult or impossible to trace. Government data obtained by The Associated Press shows less than a fifth of 15,000 adoptees who have asked South Korea for help with family searches since 2012 have managed to reunite with relatives. Lee said the committee’s stance reflects a lack of understanding of the systemic problems in adoptions and risks excluding many remaining cases. “Personally, I find yesterday’s decision very regrettable and consider it a half-baked decision,” Lee said. After reviewing government and adoption records and interviewing adoptees, birth families, public officials and adoption workers, the commission assessed that South Korean officials saw foreign adoptions as a cheaper alternative to building a social welfare system for needy children. Through policies and laws that promoted adoption, South Korea’s military governments permitted private adoption agencies to exercise extensive guardianship rights over children in their custody and swiftly transfer custody to foreign adopters, resulting in “large-scale overseas placements of children in need of protection,” the commission said. Authorities provided no meaningful oversight as adoption agencies engaged in dubious or illicit practices while competing to send more children abroad. These practices included bypassing proper consent from biological parents, falsely documenting children with known parents as abandoned orphans, and switching children’s identities, according to the commission’s report. It cited that the government failed to ensure that agencies properly screened adoptive parents or prevent them from excessively charging foreign adopters, who were often asked to make additional donations beyond the standard fees.

Trump signs order imposing sanctions on International Criminal Court

President Donald Trump signed an executive order imposing sanctions on the International Criminal Court over investigations of Israel, a close U.S. ally. Neither the U.S. nor Israel is a member of or recognizes the court, which has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes over his military response in Gaza after the Hamas attack against Israel in October 2023. Tens of thousands of Palestinians, including children, have been killed during the Israeli military’s response. The order Trump signed Thursday accuses the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against Netanyahu and his former defense minister, Yoav Gallant. “The ICC has no jurisdiction over the United States or Israel,” the order states, adding that the court had set a “dangerous precedent” with its actions against both countries. Trump’s action came as Netanyahu was visiting Washington. He and Trump held talks Tuesday at the White House, and Netanyahu spent some of Thursday meeting with lawmakers on Capitol Hill. The order says the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States. Human rights activists said sanctioning court officials would have a chilling effect and run counter to U.S. interests in other conflict zones where the court is investigating. “Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice,” said Charlie Hogle, staff attorney with American Civil Liberties Union’s National Security Project. “The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.” Hogle said the order “is an attack on both accountability and free speech.” “You can disagree with the court and the way it operates, but this is beyond the pale,” Sarah Yager, Washington director of Human Rights Watch, said in an interview prior to the announcement. Like Israel, the U.S. is not among the court’s 124 members and has long harbored suspicions that a global court could arbitrarily prosecute U.S. officials. A 2002 law authorizes the Pentagon to liberate any American or U.S. ally held by the court. In 2020, Trump sanctioned chief prosecutor Karim Khan’s predecessor, Fatou Bensouda, over her decision to open an inquiry into war crimes committed by all sides, including the U.S., in Afghanistan. However, those sanctions were lifted under President Joe Biden, and the U.S. began to tepidly cooperate with the tribunal ? especially after Khan in 2023 charged Russian President Vladimir Putin with war crimes in Ukraine. Driving that turnaround was Sen. Lindsey Graham, R-S.C., who organized meetings in Washington, New York and Europe between Khan and GOP lawmakers who have been among the court’s fiercest critics.

A federal judge temporarily blocks Trump’s executive order

A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order. The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday. The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing. “I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.” Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds. Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional. “I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added. Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect. The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.” “We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said. The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them. The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship. Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law. “Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?” Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.

Supreme Court seems likely to uphold a law that could ban TikTok in the US

The Supreme Court seemed likely to uphold a law that would ban TikTok in the United States beginning Jan. 19 unless the popular social media program is sold by its China-based parent company. Hearing arguments in a momentous clash of free speech and national security concerns, the justices seemed persuaded by arguments that the national security threat posed by the company’s connections to China override concerns about restricting the speech, either of TikTok or its 170 million users in the United States. Congressman says TikTok ban would be about reducing risk imposed by foreign adversary Rep. John Moolenaar, chair of the House Select Committee on the Chinese Communist Party, on Friday said the Supreme Court had highlighted the fact that the lawmakers were not talking about eliminating speech. “We’re actually reducing the risk imposed by a foreign adversary to manipulate communications and steal data from the American people,” the congressman said. TikTok law was a priority for the Select Committee, formed just two years ago to build bipartisan consensus to identify threats posed by Beijing. Chinese embassy criticizes the US for using state power to ‘suppress’ TikTok The Chinese embassy in Washington issued a statement on Friday criticizing the U.S. government for using state power to suppress TikTok and said Beijing will “take all necessary measures to resolutely safeguard its legitimate rights and interests.” “The U.S. has never found evidence that TikTok threatens U.S. national security, but it has used state power and abused national security reasons to unreasonably suppress it, which is not fair or just at all,” said Liu Pengyu, the embassy spokesman. “The U.S. should truly respect the principles of market economy and fair competition, stop unreasonably suppressing companies from other countries, and provide an open, fair, just and non-discriminatory environment for companies from all countries to invest and operate in the U.S.” TikTok content creators who sued the government over the law speak out Creators who spoke at TikTok’s press conference on Friday expressed dismay that the platform they’ve relied on could soon be banned. Paul Tran, co-founder of the skin-care company Love and Pebble, said he and his wife built the company on the app and is hoping for a solution that would protect national security and preserve access to the app. “The First Amendment isn’t a relic of the past. It’s a living promise that must be defended in our digital age,” he said. Memphis cookbook author Chloe Joy Sexton said she joined TikTok when her job fired her because she was pregnant and it allowed her to start her business, Chloe’s Giant Cookies. “I have now shipped thousands of cookies all over the world and even published a cookbook as a small business without a lot of capital,” she said. “I rely almost entirely on TikTok to market my products.” She said no other platform can replace TikTok. “I have tried posting this same exact content on other social media apps without anywhere near the same access, same success.” Mississippi hip-hop artist Christopher Townsend said he started his TikTok account to share his political views and material from the Bible. Without the app, he said he would lose a platform that allows him to share his views in a way that another platform has not. The lawsuit from the content creators was filed last May, shortly after President Joe Biden signed the measure into law. TikTok is covering the legal costs for the lawsuit, which was consolidated with the complaint filed by the company and other challenge brought by a group called BASED politics.

Pentagon chief loses bid to reject 9/11 plea deals

A military appeals court has ruled against Defense Secretary Lloyd Austin’s effort to throw out the plea deals reached for Khalid Sheikh Mohammed and two other defendants in the 9/11 attacks, a U.S. official said. The decision puts back on track the agreements that would have the three men plead guilty to one of the deadliest attacks on the United States in exchange for being spared the possibility of the death penalty. The attacks by al-Qaida killed nearly 3,000 people on Sept. 11, 2001, and helped spur U.S. invasions of Afghanistan and Iraq in what the George W. Bush administration called its war on terror. The military appeals court released its ruling Monday night, according to the U.S. official, who was not authorized to discuss the matter publicly and spoke on condition of anonymity. Military prosecutors and defense attorneys for Mohammed, the accused mastermind of the attacks, and two co-defendants reached the plea agreements after two years of government-approved negotiations. The deals were announced late last summer. Supporters of the plea agreements see them as a way of resolving the legally troubled case against the men at the U.S. military commission at Guantanamo Bay naval base in Cuba. Pretrial hearings for Mohammed, Walid bin Attash and Mustafa al-Hawsawi have been underway for more than a decade. Much of the focus of pretrial arguments has been on how torture of the men while in CIA custody in the first years after their detention may taint the overall evidence in the case. Within days of news of the plea deal this summer, Austin issued a brief order saying he was nullifying them. He cited the gravity of the 9/11 attacks in saying that as defense secretary, he should decide on any plea agreements that would spare the defendants the possibility of execution. Defense lawyers said Austin had no legal authority to reject a decision already approved by the Guantanamo court’s top authority and said the move amounted to unlawful interference in the case. The military judge hearing the 9/11 case, Air Force Col. Matthew McCall, had agreed that Austin lacked standing to throw out the plea bargains after they were underway. That had set up the Defense Department’s appeal to the military appeals court. Austin now has the option of taking his effort to throw out the plea deals to the U.S. Court of Appeals for the District of Columbia Circuit. The Pentagon did not immediately respond to a request for comment. Separately, the Pentagon said it had repatriated one of the longest-held detainees at the Guantanamo military prison, a Tunisian man who U.S. authorities approved for transfer more than a decade ago. Ridah bin Saleh al-Yazidi’s return to Tunisia leaves 26 men at Guantanamo. That’s down from a peak population of about 700 Muslim men detained abroad and brought to the prison in the years after the Sept. 11 attacks. Al-Yazidi’s repatriation leaves 14 men awaiting transfer to other countries after U.S. authorities waived any prosecution and cleared them as security risks. The Biden administration, pressed by rights groups to free remaining Guantanamo detainees held without charge, transferred out three other men this month. The U.S. says it is searching for suitable and stable countries willing to receive the remaining 14. In a statement, the U.S. military said it had worked with authorities in Tunisia for the “responsible transfer” of al-Yazidi. He had been a prisoner at Guantanamo since 2002, when the U.S. began sending Muslim detainees taken abroad there. Al-Yazidi is the last of a dozen Tunisian men once held at Guantanamo. Of those remaining at Guantanamo, seven — including Mohammed and his 9/11 co-defendants — face active cases. Two others of the 26 total have been convicted and sentenced by the military commission.