Attention to the Unseen

Axios reports: House Democrats are previewing plans for a forceful legislative and investigative push against the Supreme Court’s ruling that presidents have legal immunity for “official acts.” Why it matters: It is part of House Democrats’ effort to frame themselves in the 2024 election as a potential bulwark against unified conservative control of a federal government led by former President Trump. “Everyone is making that argument with donors” after President Biden’s poor debate performance last week, one House Democrat told Axios. “The only thing more…

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NPR reports: In a momentous decision that will affect vast swaths of American life, the U.S. Supreme Court on Friday undid decades of regulatory law, making it far more difficult for federal agencies to issue rules and regulations that carry out broad mandates enacted by Congress. The vote, along ideological lines, was 6-to-3. Writing for the court’s conservative supermajority, Chief Justice John Roberts explicitly overturned a 40-year-old precedent that had instructed lower court judges to defer to reasonable agency interpretations…

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Ian Millhiser writes: On Thursday, the Court handed down a 6-3 decision, on a party-line vote, that could render a simply astonishing array of federal laws unenforceable. As Justice Sonia Sotomayor writes in dissent, “the constitutionality of hundreds of statutes may now be in peril, and dozens of agencies could be stripped of their power to enforce laws enacted by Congress.” The dispute in Securities and Exchange Commission v. Jarkesy turns on whether a hedge fund manager accused of defrauding…

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Ian Millhiser writes: On a 6-3 party-line vote, the Supreme Court ruled on Wednesday that state officials may accept “gratuities” from people who wish to reward them for their official actions, despite a federal anti-corruption statute that appears to ban such rewards. Justice Brett Kavanaugh wrote the opinion in Snyder v. United States for the Court’s Republican-appointed majority. Justice Ketanji Brown Jackson wrote the dissent on behalf of the Court’s three Democratic appointees. Snyder turns on a distinction between “bribes” and “gratuities.” As…

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The New Republic reports: In a ruling delivered Friday, the Supreme Court decided 6–3 that U.S. citizens have no constitutional interest in their noncitizen spouses being able to enter the United States—despite the fact that a married person has an inherent interest in their spouse being able to live in the same country as they do. Supreme Court Justice Sonia Sotomayor warned the ruling is an obvious sign the court will seek to overturn protections for marriage equality next. Sotomayor…

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Mark Joseph Stern writes: The Supreme Court upheld a federal law disarming domestic abusers on Friday, significantly narrowing a radical 2022 precedent in the process. Its 8–1 ruling in U.S. v. Rahimi is a major victory for gun safety laws, a much-needed reprieve after two years of unceasing hostility from the federal judiciary. Chief Justice John Roberts’ majority opinion walked back maximalist rhetoric—recklessly injected into the law by Justice Clarence Thomas—that had imperiled virtually every modern regulation limiting access to firearms. Thomas…

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The New York Times reports: Shortly after Judge Aileen M. Cannon drew the assignment in June 2023 to oversee former President Donald J. Trump’s classified documents case, two more experienced colleagues on the federal bench in Florida urged her to pass it up and hand it off to another jurist, according to two people briefed on the conversations. The judges who approached Judge Cannon — including the chief judge in the Southern District of Florida, Cecilia M. Altonaga — each…

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Leah Litman writes: For those looking for the hidden hand of politics in what the Supreme Court does, there’s plenty of reason for suspicion on Donald Trump’s as-yet-decided immunity case given its urgency. There are, of course, explanations that have nothing to do with politics for why a ruling still hasn’t been issued. But the reasons to think something is rotten at the court are impossible to ignore. On Feb. 28, the justices agreed to hear Mr. Trump’s claim that…

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Politico reports: A rift is emerging among the Supreme Court’s conservatives — and it could thwart the court’s recent march to expand gun rights. On one side is the court’s oldest and most conservative justice, Clarence Thomas. On the other is its youngest member, Amy Coney Barrett. The question at the center of the spat may seem abstract: How should the court use “history and tradition” to decide modern-day legal issues? But the answer may determine how the court resolves…

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Ankush Khardori writes: Donald Trump’s criminal conviction didn’t instantly upend the 2024 presidential race. But the results of a new poll should be worrying for Trump. In the weeks since the verdict, both parties have sought to shape the public’s initial reaction, with Republicans largely denouncing it and Democrats citing the result as further evidence that Trump is unfit for office. To figure out how this unprecedented moment is being processed by the electorate, POLITICO Magazine partnered with Ipsos in…

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Wired reports: Years after being accused of swinging a baseball bat at police officers during the January 6, 2021, attack on the US Capitol, Edward “Jake” Lang is now using encrypted messaging channels to create a nationwide network of armed militias in all 50 states. Though he has been in prison for over 1,200 days, Lang is working with a network of election deniers and conspiracists to promote the North American Patriot and Liberty Militia, or Napalm for short. The…

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