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SCOTUS Opinion day [July 1, 2024]
Scotusblog ^ | 7/1/24 | staff

Posted on 07/01/2024 6:33:16 AM PDT by CFW

The Supreme Court will be issuing Opinions at 10:00 a.m. this morning for the October 2023 term. You can read the opinions released thus far at Supreme Court opinions.

The attorneys at scotusblog will be liveblogging the release of opinions from the pressroom.

There are four cases remaining undecided for the October 2023 term.

October sitting: All opinions have been released;
November sitting: All opinions have been released;
December sitting: All opinions have been released;
January sitting: All opinions have been released.

February sitting: There are three cases pending.

Corner Post v. Board of Governors of the Federal Reserve System, (an Administrative Procedure Act issue), and the two First Amendment cases. Moody v. NetChoice, LLC, and NetChoice, LLC v. Paxton.

March sitting: All opinions have been released.

And then there is the case we are all waiting for from the...

April setting: There is one case remaining undecided.

Which is the case of Trump v. U.S., No. 23-939 [Arg: 4.25.2024]

Issue(s): Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.

Opinion days are fun but nerve-racking. Join the fun, post your comments and insights here at the thread, and, say a prayer for the Justices!

(Excerpt) Read more at scotusblog.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: constitution; immunity; opinions; scotus
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To: Enlightened1

Yes, but even the NYC case, the prosecution used Federal Election Law as a crime committed.


161 posted on 07/01/2024 7:53:46 AM PDT by mware
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To: mware

“Although the case occurred prior to Trump presidency, the judge did use federal election as part of the crime.”

And that creates a cause for appeal, but has nothing to do with this decision. This only involves actions taken in his official capacity as president, not as candidate. Since the payments in the Stormy Daniel’s case were paid from the Trump Revocable Trust, there is no way to argue that making them was an official act.


162 posted on 07/01/2024 7:54:18 AM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last)
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To: Enlightened1

That seems correct.


163 posted on 07/01/2024 7:54:27 AM PDT by frogjerk (More people have died trusting the government than not trusting the government.)
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To: FLT-bird

“Campaign finance must be an official act.”

Not at all. The losers also campaign finance, they certainly don’t get presidential immunity.


164 posted on 07/01/2024 7:54:37 AM PDT by CraigEsq (,)
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To: Sidebar Moderator; All

I love how Roberts has created the “outer perimeter” theory of executive action in this opinion, which recalls the “penumbras” of Roe v Wade. How deliciously ironic.


165 posted on 07/01/2024 7:54:40 AM PDT by nwrep
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To: FLT-bird

Bingo. And the alleged “felonies” took place after Trump became president.


166 posted on 07/01/2024 7:54:42 AM PDT by Sidebar Moderator
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To: Enlightened1

The only case that would be considered “unofficial” is the New York case


And that one gets tested with the unanimous verdict ruling and whether the local DA can supersede federal law by trying these allegations locally.


167 posted on 07/01/2024 7:55:06 AM PDT by patriotspride (Third generation Vet. Never forget the true cost of freedom)
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To: Sidebar Moderator

All this corrupt lawfare from demented Biden has come to a screeching stop. Never would have happened if we had a lucid President who realized what he was doing was WRONG.

So much for Biden knowing the difference between right and wrong. another Biden lie from a demented fool.


168 posted on 07/01/2024 7:55:18 AM PDT by 1Old Pro
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To: Sidebar Moderator

Commies on Twitter are saying that Biden should use this to arrest the Scotus and Trump!


169 posted on 07/01/2024 7:55:47 AM PDT by cowboyusa (YESHUA IS KING AMERICA, AND HE WILL HAVE NO OTHER GODS BEFORE HIM!)
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To: CA Conservative

investigating a possibly stolen election is 100% an official act.


170 posted on 07/01/2024 7:56:01 AM PDT by TexasFreeper2009
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To: CA Conservative

That case was dead in the water, regardless (evidence tampering, malicious and selective prosecution, prosecutors repeatedly making misrepresentations to the court, etc. I expect Garland, Smith and his posse to be under indictment next year.


171 posted on 07/01/2024 7:57:12 AM PDT by Sidebar Moderator
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To: cowboyusa

LOL


172 posted on 07/01/2024 7:57:25 AM PDT by nwrep
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To: Vermont Lt

Vermont Lt wrote: “So, it would be “legal” for the Vice President to murder the President in the White House? The VP becomes president and pardons themselves? That doesn’t sound right.”

One can spin all sorts of hypotheticals. Suppose the only way to stop a deranged President from initiating a nuclear launch? Would a VP acting to stop that be ‘right’?
No, as I stated previously. Bring the VP into the house for impeachment and then conviction in the senate, then try the VP for his actions which would be ‘high crimes and misdemenors’. His pardon would be no defense for the impeachment and senate trial. I’m sure there are some hypotheticals that only result in removal from office and no further criminal prosecutions. That maybe the price for protecting the presidents ability to act.


173 posted on 07/01/2024 7:57:34 AM PDT by DugwayDuke (Most pick the expert who says the things they agree with.)
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To: cowboyusa

Poor widdle commies.


174 posted on 07/01/2024 7:58:55 AM PDT by Jane Long (The role of the GOP: to write sharply-worded letters as America becomes a communist hell-hole.)
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To: TexasFreeper2009
investigating a possibly stolen election is 100% an official act.

I agree

175 posted on 07/01/2024 7:59:00 AM PDT by 1Old Pro
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To: apillar

And Chutkan had already determined there would be 88 days allowed before the trial could commence. That’s almost three months. Trial ain’t happening. It’s over.


176 posted on 07/01/2024 7:59:12 AM PDT by Sidebar Moderator
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To: CA Conservative

Agreed, NYC case has multiple cause for appeal. Even if judge sentences Trump to prison doubt he would go prior to appeal.


177 posted on 07/01/2024 7:59:40 AM PDT by mware
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To: Jane Long

No, Andrew McCarthy of NRO. Widely respected.


178 posted on 07/01/2024 8:02:22 AM PDT by Sidebar Moderator
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To: Jane Long

More from Scotusblog:

Sotomayor does not use “respectfully” with “dissent” here or at the end of her dissent, which concludes: “With fear for our democracy, I dissent.”

(Mark will have more from the courtroom, but Justice Jackson’s dissent from the bench in Corner Post also had some strong words. Today’s conference should be interesting!)

Jackson also omits “respectfully” from her separate dissent.

Justice Barrett also has a concurring opinion. She agrees with the majority on the “core constitutional powers” immunity but would take a different approach to other official acts. She would look at whether the criminal statute under which the president is being charged applies to his conduct and whether that application to the particular facts of the case is constitutional.

Justice Sotomayor is still reading from her dissent.

A couple of additional points from the Roberts opinion: The court indicates that the president’s immunity for official acts “extends to the outer perimeter of the President’s official responsibilities, covering actions so long as they are not manifestly or palpably beyond his authority.”

And in determining what is or is not official conduct, “courts may not inquire into the President’s motives.”
An action is not unofficial, the court adds, just because “it allegedly violates a generally applicable law.”

The court also notes in a footnote that the district court “if necessary” should consider whether two of the charges brought by Jack Smith against Trump in Washington, involving the obstruction of an official proceeding, can go forward in light of the court’s ruling last week in Fischer v. United States, narrowing the scope of that law.

(She is still reading.)


179 posted on 07/01/2024 8:02:42 AM PDT by CFW
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To: Sidebar Moderator

Thx ;-) ... indeed.


180 posted on 07/01/2024 8:03:05 AM PDT by Jane Long (The role of the GOP: to write sharply-worded letters as America becomes a communist hell-hole.)
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