The Supreme Court has had several significant developments in recent days that deserve your attention.
On Friday, the Trump administration experienced a rare setback on the Supreme Court's emergency docket when the justices turned down a request to pause a lower court ruling in a dispute over a policy limiting speaking engagements by immigration judges. This marks an unusual loss for the administration, which has filed 32 emergency applications since Trump returned to the White House and has seen the Court side with them in nearly all decided cases so far. The Court did leave open the possibility for the government to return if the District Court begins discovery proceedings before the justices rule on the petition for review.
The Supreme Court could issue a decision at any moment in another high-profile case involving President Trump's effort to deploy the National Guard to Illinois, keeping observers on alert for that ruling.
In oral arguments held on December 8th, the Court heard the case of Trump v. Slaughter, which challenges a provision in the Federal Trade Commission Act that limits the president's ability to remove commissioners without cause. The case centers on a New Deal-era precedent that has protected independent agencies from direct presidential control. Conservative justices expressed considerable skepticism about restrictions on the president's firing power, with Chief Justice John Roberts characterizing a key precedent as a "dried husk." The Court's 6-3 decision to grant a stay suggests the administration is likely to prevail, which could fundamentally reshape the structure of independent federal agencies and their ability to function independently from presidential directives.
Disability rights advocates remain closely focused on an upcoming Supreme Court decision regarding intellectual disability and the death penalty. The justices are considering how to weigh multiple IQ scores when determining if a death row inmate's intellectual disability is severe enough to constitute cruel and unusual punishment. Advocacy groups worry that the Court's ruling could extend far beyond capital cases and affect eligibility for government services for people with disabilities, including healthcare, education services, and income support.
Looking ahead to early next year, the Court will hear arguments in a case determining whether states can count mail-in ballots received after Election Day. Should the Court rule that all ballots nationwide must be received by Election Day, it could lead to the rejection of tens of thousands of ballots in future elections, affecting voters in both rural and urban areas.
In another notable development, a federal judge in Waco, Texas filed a federal lawsuit Friday asking the courts to overturn the 2015 Supreme Court decision that recognized same-sex marriage nationwide. While the judge's attorney acknowledged that a lower court cannot overturn a Supreme Court precedent, the filing appears designed to set up an eventual appeal to the nation's highest court.
Additionally, prosecutors in New York have asked the Supreme Court to reinstate the conviction of Pedro Hernandez, who is accused of killing 6-year-old Etan Patz in 1979. Five months ago, a federal appeals court overturned the conviction, and prosecutors are now seeking to restore it even as they prepare to retry the case.
Thank you for tuning in to this update on the latest from the Supreme Court. Be sure to subscribe for more in-depth analysis and reporting. This has been a Quiet Please production. For more, check out quietplease dot ai.
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