Supreme Court Makes SHOCK MOVE Ahead of BOMBSHELL END OF TERM | Unprecendented
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Summary
Takeaways
- ❖The Supreme Court issued a rare 9-0 decision, authored by Ketanji Brown Jackson, clarifying that the SEC can only disgorge actual profits from rule-breakers, which must go to victims.
- ❖Donald Trump's appeal of the E. Jean Carroll $5 million judgment has been considered 12 times by the Supreme Court but has not garnered the four votes needed to be heard.
- ❖Trump is now attempting to combine his appeal of the $83.5 million E. Jean Carroll judgment with the earlier one, hoping to leverage arguments about presidential power.
- ❖The Supreme Court allowed Alabama's racially discriminatory voting maps to stand, overturning a three-judge federal panel's finding of intentional racism by citing 'legislative deference' and a 'colorblind Constitution'.
- ❖Elie Mystal speculates Justice Clarence Thomas will not resign soon, aiming to become the longest-serving justice, while Justice Alito might resign this summer to allow a Trump appointment.
Insights
1SEC Disgorgement Powers Clarified by Unanimous Supreme Court
In a rare 9-0 decision, authored by Justice Ketanji Brown Jackson, the Supreme Court clarified the Securities and Exchange Commission's (SEC) power of disgorgement. The ruling states that the SEC can only seize the actual profits gained from breaking rules, not more, and these funds must be directed to the victims of the wrongdoing, not the federal government. This decision aims to clarify the SEC's regulatory scope in business issues.
The hosts discuss the 9-0 decision, noting Justice Gorsuch also had a unanimous ruling, and detail the specifics of disgorgement, profit limits, and victim compensation.
2Supreme Court Delays on E. Jean Carroll Appeal, Trump Pushes for Combined Review
Donald Trump's appeal of the $5 million E. Jean Carroll judgment has been considered 12 times by the Supreme Court without securing the four votes required to hear the case. Trump's legal team is now attempting a 'Hail Mary' strategy by asking the Court to consider his appeal of the second, larger $83.5 million judgment alongside the first, hoping the combined, larger sum might compel the Court to intervene and potentially invoke presidential power arguments.
The hosts detail Trump's repeated attempts to appeal the first verdict and his current strategy to combine it with the second, noting the lack of a fourth vote among the conservative justices.
3Alabama Redistricting Upheld: 'Colorblind Constitution' Doctrine Overrides Racial Discrimination Findings
The Supreme Court allowed Alabama's racially discriminatory voting maps to proceed, despite a three-judge federal panel in Alabama finding 'enormous evidence' of intentional racism after a 13-day trial. The Supreme Court justified its decision by claiming lower courts did not give 'enough legislative deference' and invoking the philosophy of a 'colorblind Constitution'. This approach makes it nearly impossible to prove intentional discrimination, effectively undermining Section Two of the Voting Rights Act.
Dina Doll highlights the Court's phrase 'our color blind Constitution' as the core legal philosophy driving the decision. Michael Popok criticizes the Court for overriding extensive lower court findings of intentional racism.
4Speculation on Supreme Court Resignations: Thomas's Record vs. Alito's Legacy
Elie Mystal, a Supreme Court commentator, speculates that Justice Clarence Thomas will not resign this summer, aiming to become the longest-serving Supreme Court justice by mid-2028. Mystal suggests Thomas 'loves his job' and the power it brings. Conversely, Mystal believes Justice Samuel Alito might resign this summer to allow Donald Trump to appoint a younger, conservative justice (like Naomi Rao), securing a Republican legacy while the party controls the Senate. The hosts debate the selflessness required for such a move.
Michael Popok recounts Elie Mystal's predictions and reasoning, including Thomas's ambition for a historical record and Alito's potential strategic resignation. Dina Doll expresses skepticism about Alito's selflessness.
Bottom Line
The Department of Justice, under the Trump administration, is reportedly pursuing a new strategy to target public interest groups and political donors (like LinkedIn founder Reid Hoffman) by alleging 'fraudulent donor' claims, arguing that funds were used in ways that misled donors.
This indicates a potential weaponization of legal processes to suppress opposition and defund groups critical of the administration, shifting the focus from traditional criminal activity to donor intent and organizational spending.
Organizations and donors should review their public communications and funding agreements to ensure absolute clarity on how funds are used, preempting potential 'fraudulent donor' allegations from politically motivated investigations.
Lessons
- Monitor Supreme Court decisions closely, especially those related to voting rights and administrative agency powers, as they reveal underlying judicial philosophies that impact future legal battles.
- Engage with court reform groups and voter rights organizations, as their work directly counters the judicial trends seen in decisions like the Alabama redistricting case.
- Support independent journalism and legal analysis that scrutinizes Supreme Court actions and judicial appointments, providing critical context beyond official rulings.
Notable Moments
Michael Popok describes visiting Independence Hall in Philadelphia and finding that plaques memorializing enslaved people owned by George Washington had been removed, allegedly due to Trump's administration's stance on DEI.
This personal anecdote powerfully illustrates the real-world impact of attempts to rewrite history and deny the existence of systemic racism, directly contrasting the Supreme Court's 'colorblind Constitution' rhetoric with historical reality.
Quotes
"You can't get them to agree on a lunch order, let alone on an opinion. But yes, when it relates to the Securities and Exchange Commission powers and business issues, they seem to agree."
"Punitive are about not just that amount you were damaged but to make sure you don't do it again. And when you walk out, you know, there goes those punitive damages. They go away."
"Our color blind Constitution. That is that they are going to figure out any way to get to that point where they think they are creating a color blind Constitution."
"If I didn't know what the guy did for a living, I'd like the guy."
Q&A
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