LIVE: Trump STUNNED with NIGHTMARE DAY at Supreme Court | Legal AF
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Summary
Takeaways
- ❖The Supreme Court upheld state laws allowing mail-in ballots postmarked by Election Day to be counted later, defeating RNC efforts to restrict voting.
- ❖Donald Trump's appeal against the $5 million E. Jean Carroll sexual assault verdict was rejected, finalizing the judgment against him.
- ❖The Court overturned a 90-year precedent (*Humphrey's Executor*), granting the President the power to fire independent agency heads (like the FTC) at will, removing 'for cause' protection.
- ❖An exception to the new executive power was made for Federal Reserve Board members, who cannot be fired without cause, highlighting the Court's protection of financial stability.
- ❖The Supreme Court declined to hear Alan Dershowitz's defamation case against CNN, preserving the *New York Times v. Sullivan* standard for press freedom.
Insights
1Mail-in Ballots Protected in *Watson v. RNC*
The Supreme Court, in a 5-4 decision with Chief Justice Roberts and Justice Amy Coney Barrett siding with liberal justices, upheld state laws allowing mail-in ballots postmarked by Election Day to be counted days after the election. This decision maintained a long-standing practice and rejected the RNC's argument that federal statute dictates only ballots received on election day should count, preventing significant voter suppression.
The ruling in *Watson v. RNC* concerned a Mississippi law allowing ballots to be counted up to five days after Election Day. Justices Roberts and Barrett questioned the RNC's interpretation during oral arguments, noting its implications for early voting.
2Trump's E. Jean Carroll Appeal Rejected
The Supreme Court declined to hear Donald Trump's appeal regarding the $5 million E. Jean Carroll sexual assault verdict. This decision makes the verdict final and means Trump has exhausted all appeals for this specific case. Trump had argued that evidence, such as the Access Hollywood tape and testimony from other female witnesses, was wrongly admitted.
Trump's appeal focused on the admissibility of evidence, claiming it was prejudicial. The appellate court had already affirmed the district court's decision to admit the evidence, finding it probative. The Supreme Court's refusal to take the case upholds these lower court rulings.
3President Gains Power to Fire Independent Agency Heads at Will (*Slaughter v. Trump*)
The Supreme Court overturned a 90-year precedent established in *Humphrey's Executor*, ruling in *Slaughter v. Trump* that the President has the power to fire independent agency heads, such as the FTC Commissioner, at will, rather than only 'for cause.' This decision fundamentally reshapes the structure of government, potentially politicizing agencies intended to be independent and stable.
The case involved Donald Trump's firing of FTC head Rebecca Slaughter. The Court's ruling effectively declared the 'for cause' removal provision in the FTC statute unconstitutional, aligning with the 'unitary executive theory' which posits all executive power vests in the President.
4Federal Reserve Exception to At-Will Firing (*Cook* Case)
Despite the broad ruling in *Slaughter v. Trump*, the Supreme Court carved out an exception for members of the Federal Reserve Board of Governors, stating they cannot be fired by the President without cause. This distinction highlights the Court's perceived need to protect financial institutions from direct political interference, even while allowing other regulatory bodies to be politicized.
The hosts noted this carve-out in a separate case involving Lisa Cook, a Federal Reserve Board member. They argue this exception is not based on a distinct legal theory but rather the Court's pro-business and pro-Wall Street leanings.
5Press Freedom Standard Upheld in Dershowitz Defamation Case
The Supreme Court declined to hear Alan Dershowitz's defamation lawsuit against CNN, thereby preserving the *New York Times v. Sullivan* landmark case. This means the standard for defamation against public figures remains 'actual malice' or 'reckless disregard for the truth,' protecting the press from frivolous lawsuits and ensuring freedom of speech for opinions.
Dershowitz sought to change the defamation standard to 'foolish disregard,' which is not a recognized legal standard. Justices Gorsuch and Thomas dissented from the denial, indicating their desire to revisit the *Sullivan* standard.
Lessons
- Recognize the increased importance of presidential elections: The Supreme Court's ruling on executive power over independent agencies means the President's policy influence will be far more direct and immediate, making every election's outcome more impactful on daily life and regulation.
- Advocate for judicial transparency: The lack of cameras in Supreme Court proceedings means critical dissents and arguments, like Justice Sotomayor's, are only reported second-hand. Support initiatives for live broadcasting of Supreme Court hearings to increase public awareness and accountability.
- Understand the ongoing threats to voting rights: While mail-in ballots were protected in this instance, continued efforts to restrict voting, such as the proposed SAVE Act and postal service changes, require vigilance and active participation in state and local election defense efforts.
Quotes
"This ruling by the Roberts court is one that leaves the status quo in place. It should have been a slam dunk. I think it should have been a 9-0 decision, but we have, you know, ranges of partisanship by the Roberts court."
"He was found liable for sexual assault. The sitting president was found liable for sexual assault by a jury of his peers. Period. He has exhausted all of his appeals."
"She described the decision as grievously wrong that it reshaped the structure of government. fundamental way by giving the president a power unknown even to the English crown against which the founders revolted elevating him above his once co-equal branches powerful unknown even to the English crown she has said that this makes our president more powerful than a king."
"This is not a rational economic player. I don't know what the art of the deal is. I've read it. I'm not sure who the ghostwriter was, but he is not a genius when it comes to our economy."
"The fact is is that a president is supposed to be constrained by the constitution, by the statutes, by the regulations, by um case law like Humphrey's executive, by contracts that some of these employees have negotiated through their unions. We until now have not had a situation in which a president has ever had this kind of power, at least in the modern era, to do this."
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