Attention to the Unseen

CNN reports: Justice Sandra Day O’Connor provided the early framework that steered the outcome in the dispute over the 2000 presidential election and ensured George W. Bush would win the White House over Al Gore, Supreme Court documents released on Tuesday show. Memos found in the newly opened files of the late Justice John Paul Stevens offer a first-ever view of the behind-the-scenes negotiations on Bush v. Gore at the court. They also demonstrate the tension among the nine justices…

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The New York Times reports: A standoff between House Republicans and President Biden over raising the nation’s borrowing limit has administration officials debating what to do if the government runs out of cash to pay its bills, including one option that previous administrations had deemed unthinkable. That option is effectively a constitutional challenge to the debt limit. Under the theory, the government would be required by the 14th Amendment to continue issuing new debt to pay bondholders, Social Security recipients,…

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Politico reports: Leonard Leo, who helped to choose judicial nominees for former President Donald Trump, obtained a historic $1.6 billion gift for his conservative legal network via an introduction through the Federalist Society, whose tax status forbids political activism. Leo first met Barre Seid, the now 91-year-old manufacturing magnate turned donor, through an introduction arranged by Eugene Meyer, the longtime director of the Federalist Society. At the time, Leo was the society’s executive vice president, and he is currently its…

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CNN reports: The Supreme Court agreed Monday to reconsider long held precedent and decide whether to significantly scale back on the power of federal agencies in a case that can impact everything from how the government addresses everything from climate change to public health to immigration. Conservative justices have long sought to rein in regulatory authority, arguing that Washington has too much control over American businesses and individual lives. The justices have been incrementally diminishing federal power but the new…

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The New York Times reports: In the fall of 2017, an administrator at George Mason University’s law school circulated a confidential memo about a prospective hire. Just months earlier, Neil M. Gorsuch, a federal appeals court judge from Colorado, had won confirmation to the Supreme Court seat left vacant by the death of Antonin Scalia, the conservative icon for whom the school was named. For President Donald J. Trump, bringing Judge Gorsuch to Washington was the first step toward fulfilling a…

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