Justices Struggle With Arizona Death Row Case | For Trump To Win In The War Over His Tax Returns, He’ll Have To Win Twice
December 12, 2019
A SECOND CHANCE
|Yesterday, justices appeared divided over whether an Arizona death row inmate should get a new sentencing trial nearly 30 years after being convicted of two murders. James McKinney argues he should have his old convictions thrown out because he was sentenced to death by a judge, not a jury, and he says the courts haven’t considered the abuse he suffered as a child when rendering their decisions on his case. SCOTUS has previously ruled that death sentences must be imposed by juries, and it has said that mitigating factors such as childhood deprivations must be factored into sentencing decisions. How the Supreme Court decides this case could affect 15 of Arizona’s 104 death row inmates.
HURRY UP, PLEASE
|Congressional lawyers asked the Supreme Court yesterday not to delay House committees’ access to PRESIDENT TRUMP’S financial records. In the request, the House lawyers looked to the upcoming elections as a reason for SCOTUS to back their request. The filing to the high court stated, “Nothing is more urgent than efforts to guard against foreign influence in our systems for electing officials, particularly given the upcoming 2020 elections. There is bipartisan agreement that such interference is an imminent threat.” Robert Barnes with The Washington Post reports.
TRUMP'S UPHILL BATTLE
|“The U.S. Supreme Court may have a conservative majority that includes two justices appointed by PRESIDENT DONALD TRUMP, but his efforts to shield his tax returns and other financial records from scrutiny still face an uncertain future.” Lawrence Hurley with Reuters reports on the Supreme Court’s forthcoming decision on whether to hear appeals from the president on blocking outside access to his financial records. Hurley explains, “Trump must win twice: First he must persuade the court to hear his appeals and then he must win on the merits. If the court decides not to hear one or all of Trump’s appeals, some documents would then be handed over. The court, which has a 5-4 conservative majority including Trump appointees NEIL GORSUCH and BRETT KAVANAUGH, could act as soon as Friday when the justices meet to discuss privately what action to take on pending appeals.”
SCOTUS VIEWS
The Supreme Court Gives Free Speech To Fake Doctors, But Not Real Ones
The Washington Post“The Supreme Court this week declined to review the U.S. Court of Appeals for the 6th Circuit’s decision in EMW Women’s Surgical Center v. Meier; this had the practical effect of upholding a Kentucky law requiring abortion service providers to, among other things, perform an ultrasound and play a fetal heartbeat recording to a woman seeking an abortion. Things were different, however, when antiabortion advocates last year challenged a California law requiring crisis pregnancy centers — established, the law said, specifically to dissuade women from having abortions — to post truthful information about the limits of their services and the availability of state-sponsored family-planning services. The Supreme Court viewed that law as an impermissible form of forced speech and held, 5 to 4, that it violated the First Amendment.”
Conservative Justices Aren’t About To Abolish The Government
Bloomberg Opinion“Supreme Court Justice Elena Kagan warned Americans in June that four of her colleagues were on the verge of declaring that ‘most of government is unconstitutional.’ In November, a fifth justice, Brett Kavanaugh, indicated that he agreed with those four that the ‘nondelegation doctrine’ should be revived. The Supreme Court, that is, should deny Congress the power to grant its legislative authority to government agencies.”
OTHER NEWS
Sandy Hook Families To Get Day In Court Against Gunmaker
Reuters“Families of victims in the Sandy Hook school massacre that killed 20 children and six adults will get their day in court about nine years from the shooting. A trial date in September 2021 has been set for the lawsuit brought by them against Remington Arms Co over its marketing of the assault-style rifle used in the shooting.”