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Court Archives - Virus Reports http://virusreports.net/tag/court/ Mon, 28 Sep 2020 23:21:40 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.7 https://s3.us-west-1.wasabisys.com/virusreports/2020/05/cropped-virus-favicon-32x32.png Court Archives - Virus Reports http://virusreports.net/tag/court/ 32 32 Supreme Court fight front and center at Biden-Trump debate https://virusreports.net/supreme-court-fight-front-and-center-at-biden-trump-debate/ https://virusreports.net/supreme-court-fight-front-and-center-at-biden-trump-debate/#respond Mon, 28 Sep 2020 23:21:40 +0000 https://virusreports.net/supreme-court-fight-front-and-center-at-biden-trump-debate/ CLEVELAND – As the old saying goes, it’s like pouring gasoline on a fire.If the deadliest pandemic in a century, the worst economic downturn in decades, and a summer of nationwide protests over racial inequity weren’t enough for Democratic presidential nominee Joe Biden and President Trump to battle over at Tuesday at the first of three presidential debates,…

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CLEVELAND – As the old saying goes, it’s like pouring gasoline on a fire.

If the deadliest pandemic in a century, the worst economic downturn in decades, and a summer of nationwide protests over racial inequity weren’t enough for Democratic presidential nominee Joe Biden and President Trump to battle over at Tuesday at the first of three presidential debates, another combustible topic’s been tossed into the toxic political mix.

NO HANDSHAKES BETWEEN BIDEN AND TRUMP AT FIRST DEBATE

That issue – the most bitterly partisan of all political battles – is a Supreme Court nomination fight, and it’s coming with just five weeks to go until Election Day.

Preparations take place for the first presidential debate in the Sheila and Eric Samson Pavilion, Monday, Sept. 28, 2020, in Cleveland. The first debate between President Donald Trump and Democratic presidential candidate, former Vice President Joe Biden is scheduled to take place Tuesday, Sept. 29. (AP Photo/Patrick Semansky)

Preparations take place for the first presidential debate in the Sheila and Eric Samson Pavilion, Monday, Sept. 28, 2020, in Cleveland. The first debate between President Donald Trump and Democratic presidential candidate, former Vice President Joe Biden is scheduled to take place Tuesday, Sept. 29. (AP Photo/Patrick Semansky)

The former vice president’s urging the GOP controlled Senate to hold off on any vote on the president’s nominee – conservative federal appeals court judge Amy Coney Barrett – until the winner of the presidential election’s determined.

“The Senate has to stand strong for our democracy,” Biden emphasized Sunday. And he urged senators to “take a step back from the brink,” and that now “is a time to de-escalate.”

The president is barreling forward, telling “Fox & Friends” co-host Pete Hegseth in an interview on Sunday that he thinks Barrett could be confirmed ahead of Election Day on Nov. 3. Trump argued there’s “tremendous amount of time” from the kick off of the Senate Judiciary Committee’s confirmation hearings on Oct. 12 until the election.

“I think we could have it done easily before the election,” Trump predicted.

THE KEY ISSUES BIDEN AND TRUMP WILL DEBATE

The Supreme Court confirmation showdown’s one of the 6 topics chosen for the first debate by the moderator, “Fox News Sunday” anchor Chris Wallace.

Since the death of liberal leaning Supreme Court Justice Ruth Bader Ginsburg a week and a half ago, the former vice president’s spotlighted the threat to the survival of the Affordable Care Act – the nation’s health care law best known as Obamacare – warning that Barrett would likely vote to eliminate the landmark measure in a case coming to the high court a week after the November election.

“Absolutely. It’s health care,” stressed veteran Democratic consultant and Fox News contributor Donna Brazile. “The Republicans have tried to gut and destroy the ACA for over nine and a half years and this is their first real shot at doing that with Judge Barrett. Biden has to carefully explain to the American people why now, and why Judge Barrett is a threat to the Affordable Care Act.”

“The vice president has to talk about what’s at stake. Everything is at stake, from voting rights to gay rights to workers’ rights to abortion rights,” spotlighted Brazile, who managed Vice President Al Gore’s 2000 presidential campaign and who twice served as interim chair of the Democratic National Committee over the past decade.

Longtime GOP strategist and Fox News contributor Karl Rove noted that if Biden targets the president for pushing forward with the nomination so close to the election, Trump “needs to defend … because the president of the United States has a constitutional authority to nominate and the Senate has the right to give its advise and consent or not. There’s no time limit on that. We have one president at a time.”

CLICK HERE FOR THE FOX NEWS APP

Brazile acknowledged, “Yes, we know the president has a right to appoint and the Senate has a right to verify. We understand the constitutional issues.” But she emphasized that the question for Biden to spotlight “is why rush this through so close to the election?”

Rove, the mastermind behind both of President George W. Bush’s presidential election victories, said that Trump “wants to do two things. He wants to say ‘I picked somebody who will strictly interpret the constitution and the laws of the United States as written and will not be a legislator in robes.’ It’s a very popular theme and it cuts across party lines. And second of all, he can extoll her background, which is exemplary.”

And if Trump has the time, Rove suggested that the president attack Biden for not releasing his own list of potential high court nominees, as Trump did in the 2016 election and again this month. Rove offered that the president should look at Biden and argue that “the reason you haven’t given us a list is because the American people would figure out they’re all judicial activists on the left of American politics who will use the position on the court to legislate from the bench rather than strictly apply the law.”

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Court temporarily blocks Trump order banning TikTok from US app stores https://virusreports.net/court-temporarily-blocks-trump-order-banning-tiktok-from-us-app-stores/ https://virusreports.net/court-temporarily-blocks-trump-order-banning-tiktok-from-us-app-stores/#respond Mon, 28 Sep 2020 10:28:04 +0000 https://virusreports.net/court-temporarily-blocks-trump-order-banning-tiktok-from-us-app-stores/ Show captionThe restrictions would have made TikTok impossible to use in the US Photograph: Nicolas Asfouri/AFP/Getty ImagesTikTokJudge grants injunction sought by app’s owner ByteDance to let it remain available for downloadGuardian staff and agenciesSun 27 Sep 2020 20.33 EDTTikTok has been granted a last-minute reprieve from Donald Trump’s executive order banning the service from US…

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The restrictions would have made TikTok impossible to use in the US Photograph: Nicolas Asfouri/AFP/Getty Images

TikTok

Judge grants injunction sought by app’s owner ByteDance to let it remain available for download

Guardian staff and agencies

Sun 27 Sep 2020 20.33 EDT

TikTok has been granted a last-minute reprieve from Donald Trump’s executive order banning the service from US app stores, after a judge in Washington DC temporarily blocked the ban from taking effect on Sunday evening.

The order, which was due to take effect at one minute to midnight, was the first step towards banning TikTok entirely within the US. It would have required Apple and Google to remove the service from their respective app stores, preventing new users from downloading it, but would not have stopped existing TikTokers from continuing to access the app on their own devices.

Instead, the US district judge Carl Nichols granted a preliminary injunction sought by TikTok’s owner, ByteDance, to allow the app to remain available in US app stores.

Nichols declined “at this time” to block a second set of restrictions requested by the US Department of Commerce, due to take effect on 12 November, which will bar any American company from providing services to TikTok. That order would have make the app impossible to use in the US, TikTok has said, effectively banning it entirely.

The Commerce Department said in a statement that it would “comply with the injunction and has taken immediate steps to do so”. The statement, which defended the legality of the TikTok order and Trump’s executive order demanding ByteDance divest its TikTok US operations within 90 days, did not say whether the government intended to appeal.

TikTok said it was pleased with the injunction and it would “maintain our ongoing dialogue with the government to turn our proposal, which the president gave his preliminary approval to last week, into an agreement.”

The company’s lawyer John Hall had said a ban would be “punitive” and would close off a public forum used by tens of millions of Americans.

In a written brief filed before the hearing, TikTok lawyers said the ban was “arbitrary and capricious” and “would undermine data security” by blocking updates and fixes to the app.

The company also said the ban was unnecessary because negotiations were already under way to restructure the ownership of TikTok to address national security issues raised by the administration.

Hours before the DC court ruled in TikTok’s favour, a judge in Pennsylvania rejected a separate legal move by three TikTok influencers seeking their own stay on the ban. Doug Marland, Cosette Rinab, and Alec Chambers, who have almost 7 million followers on the app between them, argued in court that access to the app was critical to their livelihood.

If TikTok were to be blocked from US app stores, the three said, they would “lose access to tens of thousands of potential viewers and creators every month, an effect amplified by the looming threat to close TikTok altogether”. But the judge Wendy Beetlestone denied their request to stay the order, agreeing that such a ban would be an “inconvenience” for them, but noting that they had failed to demonstrate the irreparable harm that would be required for a court victory.

One hundred million Americans use TikTok at least once a month, the company says, and half of those use it every day. Globally, the app has been downloaded about 2bn times, placing it in the same tier as Facebook, Instagram, Snapchat and YouTube. But unlike those services, TikTok’s parent company is not listed on the US stock market. ByteDance is a privately held company, legally incorporated in the Cayman Islands and headquartered in Beijing.

Government lawyers argued that the president had a right to take national security actions, and said the ban was needed because of TikTok’s links to the Chinese government through ByteDance. A government brief called ByteDance a “mouthpiece” for the Chinese Communist party and said it was “committed to promoting the CCP’s agenda and messaging”.

ByteDance said on 20 September that it had struck a preliminary deal for Walmart and Oracle to take stakes in a new company, TikTok Global, that would oversee US operations, after Trump said he had given the deal his blessing. Negotiations continue over the terms of the agreement and to resolve concerns from Washington and Beijing.

The deal is still to be reviewed by the US government’s Committee on Foreign Investment in the United States (CFIUS).

Reuters contributed to this report

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Supreme Court nomination battles get nastier https://virusreports.net/supreme-court-nomination-battles-get-nastier/ https://virusreports.net/supreme-court-nomination-battles-get-nastier/#respond Mon, 28 Sep 2020 01:21:12 +0000 https://virusreports.net/supreme-court-nomination-battles-get-nastier/ President Trump hadn’t even announced his Supreme Court pick this weekend yet a whisper campaign had already developed against Judge Amy Coney Barrett questioning whether her adoption of two Haitian children was on the up-and-up. Tactics formerly reserved for only the nastiest of political campaigns have in recent years bled over into battles for the…

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President Trump hadn’t even announced his Supreme Court pick this weekend yet a whisper campaign had already developed against Judge Amy Coney Barrett questioning whether her adoption of two Haitian children was on the up-and-up.

Tactics formerly reserved for only the nastiest of political campaigns have in recent years bled over into battles for the judiciary, breaking down one of the last walls of decency in a town not known for it.

It used to be quite different.

One of President Kennedy’s nominees was announced in late March 1962, and about two weeks later was sitting on the high court.

Even as late as the Clinton administration, a former ACLU lawyer — Justice Ruth Bader Ginsburg — could win confirmation to the Supreme Court on a 96-3 vote in the Senate, just 42 days after her nomination was submitted.

Republicans, who control the chamber now, have vowed to try to match that pace, though they have no hope of coming close to that near-unanimous vote of support for Judge Barrett.

The Congressional Research Service says things have gotten worse since the late 1960s, when a series of fights over the nominees of President Richard Nixon ushered in a new era.

Over nearly 200 years before that, it took about a week for the Senate to receive a nominee, sometimes hold hearings, then vote. Since 1967, that time has soared to an average of 68 days.

And it’s not just because of big-time showdowns. While blowups over Judge Robert Bork and Justice Clarence Thomas are well-remembered, there were also legislative knife fights over picks like Justice Samuel A. Alito Jr., a nominee of President George W. Bush, who waited 82 days for confirmation and had to survive an attempted filibuster.

Curt Levey, president of the Committee for Justice, said as the court has inserted itself deeper into social issues, Americans — and the politicians they elect — have grown more combative over picking who’s making those decisions.

“There’s a lot more at stake,” he said.

The battle over Justice Ginsburg’s seat was raging even before Judge Barrett was announced Saturday as the nominee to fill it.

Republicans are speeding to get her approved, with a timeline of acting before the Nov. 3 election. Democrats say that timetable’s a thing of the past, and it should take months to approve a nominee.

And in this case they say any action at all is hypocritical after Senate Republicans just four years ago refused to act on President Obama’s nominee, Judge Merrick Garland, citing the looming election in blocking him for almost a year.

The treatment of Judge Garland is still very fresh in the minds of Democrats.

“Garland was simply an extension of how politicized the court has become. It was a naked abuse of the process to deny a good man even a hearing,” said Jim Manley, a veteran Democratic operative who worked for Sens. Edward M. Kennedy and Harry Reid when they were involved in fights over judges.

Mr. Manley said after what the GOP did to Judge Garland, if they now speed Judge Barrett through, Democrats must “strongly consider” expanding the high court, should they take control of the White House and Senate in November’s elections.

Republicans say they won’t be lectured on treatment of judges.

Indeed, analysts looking for a start to the nastiness often point to how Democrats approached Bork’s nomination in 1987.

A high-powered legal mind and appeals court judge, Bork was deemed “well-qualified” for the high court by the American Bar Association.

But Kennedy delivered a withering repudiation of his judicial philosophy in a famous floor speech, challenging Democrats, who controlled the chamber, to reject him. Everything from his legal writings to his personal video-rental history became fodder.

Bork’s nomination was defeated on a 58-42 vote, and “to bork” joined the lexicon as a term for unfair treatment of a nominee.

Four years after the first borking, Justice Thomas’s nomination arose and then-Sen. Joseph R. Biden led the Senate in a set of hearings over allegations of sexual harassment. Justice Thomas survived the process and was confirmed on a 52-48 vote.

“Compare the treatment of Robert Bork, Clarence Thomas, Samuel Alito and Brett Kavanaugh to that of Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, and it’s clear that there already is one set of rules for a Republican president and one set of rules for a Democrat president,” said Sen. Lindsey Graham, South Carolina Republican.

Mr. Graham, who as Judiciary Committee chairman will oversee Judge Barrett’s confirmation process, said four years ago that he would never move forward with a nominee in a presidential election year.

The treatment of Justice Kavanaugh changed his mind, he says.

Mr. Trump’s previous high court pick was forced to go through a second round of hearings after a woman came forward saying he’d sexually assaulted her in high school. Other women followed.

None of the major accusations was substantiated, and the first woman’s own account was disputed by those she said were present. Justice Kavanaugh squeaked by on a 50-48 vote.

Judging by the numbers, GOP picks have indeed had a rougher go than Democratic nominees.

Since 1980, Republican presidents have submitted 11 high court nominations to the Senate. They’ve lingered an average of 73 days, and earned an average of 71 votes in support.

Democrats over that time have submitted four high court nominees. All of them have been confirmed, they were pending for an average of 67 days, and they were approved with an average of 79 votes in support.

And no Democratic president’s picks have ever faced an attempted filibuster. Six Republican picks have.

Mr. Manley said Republican presidents make more controversial picks.

“For better or worse, Democratic presidents have usually tried to thread the needle by nominating relatively moderate candidates for the court. Republicans on the other hand oftentimes have picked very controversial nominees with very conservative views,” he said.

Mr. Levey saw a different explanation: “The Democrats are just better at, or more prone to, I’m not sure which, the politics of personal destruction.”

He said Republicans have been more deferential to Democratic presidents in the past, but he said that may have been undone by the treatment of Justice Kavanaugh.

“We may look at the days between Bork and Thomas and Gorsuch as the good old days, because a lot of people are angry about Kavanaugh on both sides of the aisle,” he said. “We maybe in for a period that makes 1987 through a few years ago look tame.”

Mr. Levey said there have been some windows of intense court battles before.

The years before the Civil War saw a number of presidential picks defeated or forced to withdraw. And during the New Deal era the court was also a battleground. Then, as now, Democrats talked of stacking the panel with more justices in order to change the playing field.

Today’s nastiness can be broken into two categories: the norm-breaking, and the rule-rewriting.

An example of norm-breaking began in 2003, when Democrats launched filibusters of President George W. Bush’s appeals court nominees. The first target was Miguel Estrada, a young superstar lawyer whom Democrats called “dangerous” because he was on track to become the first Hispanic Supreme Court justice.

After waiting more than two years, Mr. Estrada withdrew his nomination. During the confirmation fight, his wife suffered a miscarriage.

Democrats would go on to filibuster nine other Bush picks for appeals court seats, then attempt to filibuster Justice Alito.

A decade later, the GOP used the same tactic on some of President Obama’s nominees. Then-Majority Leader Harry Reid, Nevada Democrat, engaged in rule-rewriting, using the “nuclear option” to defang the filibuster for all presidential nominees save Supreme Court picks.

When Mr. Trump took office and Democrats launched the first-ever successful partisan filibuster of a Supreme Court nominee, the GOP followed Mr. Reid’s lead and used the nuclear option to complete the rules change for high court picks, too.

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Supreme Court live updates: Trump expected to nominate Amy Coney Barrett at White House event https://virusreports.net/supreme-court-live-updates-trump-expected-to-nominate-amy-coney-barrett-at-white-house-event/ https://virusreports.net/supreme-court-live-updates-trump-expected-to-nominate-amy-coney-barrett-at-white-house-event/#respond Sat, 26 Sep 2020 18:21:13 +0000 https://virusreports.net/supreme-court-live-updates-trump-expected-to-nominate-amy-coney-barrett-at-white-house-event/ President Trump will announce Saturday evening his nominee to fill the vacancy on the Supreme Court left by the recent death of Justice Ruth Bader Ginsburg, setting up a bitter confirmation fight in the final weeks of the presidential campaign. At an event in the White House Rose Garden, Trump is expected to name federal…

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President Trump will announce Saturday evening his nominee to fill the vacancy on the Supreme Court left by the recent death of Justice Ruth Bader Ginsburg, setting up a bitter confirmation fight in the final weeks of the presidential campaign. At an event in the White House Rose Garden, Trump is expected to name federal appeals court judge Amy Coney Barrett, a deeply conservative jurist in the mold of the late Justice Antonin Justice Scalia, whose confirmation would cement the right’s hold on the nation’s highest court for many years and ensure Trump’s legacy is felt for generations.

Trump will then travel to Harrisburg, Pa., for a campaign rally.

Democratic presidential candidate Joe Biden has two virtual events on his schedule, first a meeting with Latino business owners and then a public address to the U.S. Conference of Mayors.

With 38 days until the election …

  • Democratic senators are mapping out how they will fight Trump’s SCOTUS nominee given they have little power to actually derail his pick.
  • Trump is expected to personally attack Biden at the candidates’ first debate on Tuesday, and Biden is being prepped for the anticipated barrage.
  • A majority of Americans, 57 percent, say the winner of November’s presidential election should choose the next Supreme Court justice, while 38 percent say Trump should fill the seat.
  • Biden leads Trump by eight percentage points nationally, 51 percent to 43 percent, according to a Washington Post average of polls. Biden’s margin is the same in Michigan and Pennsylvania and smaller in other key states: seven points in Wisconsin, five in Arizona and one in Florida.
  • Are you planning on watching the first presidential debate? The Washington Post wants to hear from you.

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New York Supreme Court judge orders judicial review of Eric Garner case https://virusreports.net/new-york-supreme-court-judge-orders-judicial-review-of-eric-garner-case/ https://virusreports.net/new-york-supreme-court-judge-orders-judicial-review-of-eric-garner-case/#respond Sat, 26 Sep 2020 07:21:18 +0000 https://virusreports.net/new-york-supreme-court-judge-orders-judicial-review-of-eric-garner-case/ A New York Supreme Court judge on Thursday ordered a public judicial inquiry into the case of Eric Garner, the 43-year-old who died after being put in an apparent chokehold by a New York police officer in 2014.Judge Joan Madden on Thursday ordered a "summary inquiry" into the case, including an alleged lack of immediate…

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A New York Supreme Court judge on Thursday ordered a public judicial inquiry into the case of Eric Garner, the 43-year-old who died after being put in an apparent chokehold by a New York police officer in 2014.

Judge Joan Madden on Thursday ordered a “summary inquiry” into the case, including an alleged lack of immediate medical aid to Garner by officers; alleged lies in a police report; the unauthorized release of Garner’s arrest record; and release of autopsy information by New York City’s Office of Chief Medical Examiner.

She did not indicate who would conduct the inquiry or when it would take place. She set a hearing on the matter for Oct. 6.

The group Communities United for Police Reform called the ruling a “major win for transparency and basic civil rights.”

The organization said in a statement that the decision could allow for Mayor Bill de Blasio, former New York Police Department Commissioner James O’Neill and others “to take the stand and answer to claims of neglect and the violations of duty related to the killing of Eric Garner.”

The ruling is part of civil litigation against city officials by Garner’s mother, Gwen Carr, and sister, Ellisha Flagg. They were awarded $5.9 million in a 2015 settlement with the city.

A Staten Island grand jury in late 2014 declined to indict Officer Daniel Pantaleo on criminal charges related to Garner’s death. Pantaleo has denied any wrongdoing but was fired last year.

The New York City Police Benevolent Association could not be reached for comment Friday but its president, Pat Lynch, has maintained that Pantaleo and partner Justin Damico did nothing wrong when they confronted Garner on July 17, 2014, for allegedly selling loose cigarettes illegally in Staten Island and took him to the ground.

While he was on the ground, Garner said, “I can’t breathe,” words echoed by George Floyd, a Black man who died in Minneapolis police custody in May. Floyd’s death and the fatal police shooting in March of Breonna Taylor, a Black woman, at her home in Louisville, Kentucky, prompted nationwide protests and demands for police reform and racial justice.

Lynch said last year that Pantaleo and Damico “utilized textbook de-escalation techniques to limit the use of force against a much larger and irate individual.” Neither officer could be reached for comment Friday evening.

A city medical examiner ruled Garner’s death a homicide by asphyxiation, likely from a chokehold. The New York Police Department banned chokeholds in 1993.

The Office of Chief Medical Examiner did not respond immediately to a request for comment Friday. New York Police Department Sgt. Jessica McRorie said by email that “the New York City Police Department is reviewing the determination by the State Supreme court.”

Madden said in her ruling that there was “no indication” police administered aid to Garner after he fell unconscious. She called an alleged lack of investigation by the police commissioner “neglect of duty.”

She also suggested Damico lied in claiming in a police report that Garner committed a felony for selling loose cigarettes, although the amount in his possession would not have supported such a charge.

She rejected a request by Carr and Flagg for an inquiry into the actions of medical first-responders.

Image: Dennis RomeroDennis Romero

Dennis Romero writes for NBC News and is based in Los Angeles.

The Associated Press

contributed.

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Supreme Court clears the way for federal execution Thursday night https://virusreports.net/supreme-court-clears-the-way-for-federal-execution-thursday-night/ https://virusreports.net/supreme-court-clears-the-way-for-federal-execution-thursday-night/#respond Thu, 24 Sep 2020 23:21:53 +0000 https://virusreports.net/supreme-court-clears-the-way-for-federal-execution-thursday-night/ The Supreme Court has denied a request to stop the federal execution of Christopher Vialva, scheduled for Thursday night in Terre Haute, Indiana.

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The Supreme Court has denied a request to stop the federal execution of Christopher Vialva, scheduled for Thursday night in Terre Haute, Indiana.
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Supreme Court fight fires up campaign https://virusreports.net/supreme-court-fight-fires-up-campaign/ https://virusreports.net/supreme-court-fight-fires-up-campaign/#respond Tue, 22 Sep 2020 00:21:05 +0000 https://virusreports.net/supreme-court-fight-fires-up-campaign/ President Trump and Democratic presidential nominee Joseph R. Biden quickly moved to capitalize on the enthusiasm of their party bases for filling a vacancy on the Supreme Court, hauling in a wave of campaign contributions and strategizing messaging to boost voter turnout. Both parties are fired up after the death of Supreme Court Justice Ruth…

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President Trump and Democratic presidential nominee Joseph R. Biden quickly moved to capitalize on the enthusiasm of their party bases for filling a vacancy on the Supreme Court, hauling in a wave of campaign contributions and strategizing messaging to boost voter turnout.

Both parties are fired up after the death of Supreme Court Justice Ruth Bader Ginsburg on Friday.

Mr. Trump on Monday said he had a shortlist of five female candidates for the nomination, with four federal appeals court judges and one member of his White House legal team in the mix.

“Five women are being vetted very carefully,” he told White House reporters as he departed for an Ohio trip. “I’d much rather have a vote before the election, because there’s a lot of work to be done and I’d much rather have it.”

“I’m just doing my constitutional obligation. I have an obligation to do this. So I would rather see it before the election.”

The president’s pick of a woman for the high court, which he is expected to announce Friday or Saturday would potentially appeal to the female voters he has struggled to win over.

That’s just one calculation in the nomination game.

Mr. Biden, meanwhile, is revving up his base with a warning that Mr. Trump’s picks will jeopardize abortion rights and Obamacare health coverage.

“You think like Trump [then] you try to take away health care from 20 million Americans in the middle of this pandemic,” Mr. Biden said while campaigning in Wisconsin. “He’s in court today trying to get that done.”

He said this week that millions of Americans are already voting early because they don’t want to see the Supreme Court overturn the 1973 Roe v. Wade decision that guaranteed abortion rights.

Of course, Mr. Biden is hoping the Republican Senate majority can’t muster enough votes to confirm a nomination before the Nov. 3 election. Then he can make the case that if he wins, he should be the one to name a replacement for the late liberal icon and keep the high court’s 5-4 ideological split intact.

Sen. Joe Manchin of West Virginia, the only Democrat who voted to confirm Justice Brett M. Kavanaugh, said that he’s in favor of waiting until after the election, meaning the GOP likely cannot count on bipartisan support for whatever path they choose.

But Sen. John Cornyn, Texas Republican, said Mr. Trump’s loss in November wouldn’t stop them from confirming his nominee during a lame-duck session.

Asked on CNN if Republicans would hold a lame-duck confirmation vote before Mr. Biden’s inauguration, Mr. Cornyn said: “You mean while we’re still in our term of office, and President Trump is? Of course.”

Angling to avoid that necessity, Mr. Trump is calculating which Supreme Court pick could put Senate Democrats on the defensive now and potentially galvanize conservative voters in battleground states.

Mr. Trump’s shortlist includes:

• Judge Amy Coney Barrett of the 7th U.S. Circuit Court of Appeals;

• Judge Barbara Lagoa of the 11th U.S. Circuit Court of Appeals;

• Judge Joan Larsen of the 6th U.S. Circuit Court of Appeals;

• Judge Allison Jones Rushing of the 4th U.S. Circuit Court of Appeals; and

• Kate Todd, deputy counsel to the president.

“All of those have really great stories behind them,” said Carrie Severino, chief counsel of the Judicial Crisis Network, which is planning to spend $2.2 million on an ad blitz backing Mr. Trump’s high court nominee.

At least two of the women — Judge Barrett and Judge Lagoa — are Catholic. Their faith would appeal to Mr. Trump’s pro-religious liberty base but also supply ammunition to pro-choice opponents.

Judge Barrett’s Catholic faith caused a dust-up with Senate Democrats during her confirmation to the appeals court. The top Democrat on the Senate Judiciary Committee, Sen. Dianne Feinstein of California, told her the “dogma” lives loudly within her.

Conservatives see that type of anti-Catholic and anti-Christian bias as a hurdle for Democrats to overcome with voters ahead of November. Ms. Barrett also met with the president on Monday.

But nominating a Catholic is not necessarily unique. Mr. Trump’s last Supreme Court pick, Justice Kavanaugh, is Catholic, as are at least two other justices on the bench.

Matthew Schmidt, a political science professor at the University of New Haven, noted 30% of voters in Pennsylvania — a critical swing state — are Catholic and there’s also a large number of Catholics in Florida, which has 29 electoral college votes.

“But Catholics aren’t monolithic as a voting bloc,” he warned. “And given that many voters have already voted, the effect of a SCOTUS battle takes place in a smaller subset of voters.”

Conservatives also view Judge Lagoa, who is the child of two immigrants who fled Fidel Castro’s regime in Cuba, as a viable option for the president. She is Cuban-American and was the first Hispanic judge to sit on the Florida Supreme Court. Mr. Trump tapped her last year for the 11th Circuit.

Picking Judge Lagoa could help the president court some Hispanic voters in critical swing states such as Florida, which is also her home state.

Similarly, picking Judge Larsen could help Mr. Trump in her home state of Michigan, and Judge Rushing in North Carolina, other key battlegrounds.

“In a close state, if there is a modest increase it can be helpful,” said G. Terry Madonna, the director of the Center for Politics and Public Affairs at Franklin and Marshall College.

As the president is weighing which nominee could resonate best with his base, Mr. Biden has shown no signs of departing from his statements during the primary in which he warned against expanding the number of seats on the Supreme Court.

The move to pack the court has been called for by many progressives if Democrats gain control of the House, Senate, and White House next year.

Instead, Mr. Biden and his running mate, Sen. Kamala Harris of California, honed in on the potential real-world consequences that a 6-3 conservative majority on the court would have on issues like health care and abortion.

The Supreme Court is set to hear oral arguments in a challenge to Obamacare the week after the election.

“We now have almost 7 million people who are going to have the preexisting condition of COVID who if Donald Trump wins his lawsuit could be barred from having coverage,” Ms. Harris said. “This is real. This is real stuff.”

Toeing the ticket line, Ms. Harris punted when asked about expanding the court and who specifically she wants to see replace Justice Ginsberg.

“I am focused on the next 43 days,” she said during an appearance on Instagram Live with journalist April Ryan.

Mr. Biden’s focus is a stark contrast to the approach from some liberals, who are floating everything from packing the court to launching impeachment proceedings to try to push back on Mr. Trump and the Republicans.

Sen. Elizabeth Warren of Massachusetts called for the end of both the legislative filibuster and the Electoral College, which has been in liberal crosshairs for some time.

“If Republicans disregard their own made-up rules to steal a second Supreme Court seat after ramming through the Kavanaugh nomination, after short-circuiting that process as well, Leader Schumer is right: everything should be on the table,” said Ms. Warren, a former 2020 presidential candidate.

She spoke as part of a kickoff event for Just Democracy, a new coalition of liberal advocacy groups calling for adding seats to the Supreme Court, abolishing the filibuster and the Electoral College system, and granting statehood to Washington, D.C.

Democratic strategist Scott Ferson said Mr. Biden is smart to layer in other real-world issues at stake in a court fight, like environmental protections and immigration rights, rather than talk about process issues like abolishing the filibuster.

“There are people out there doing that,” Mr. Ferson said. “He doesn’t need to.”

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Supreme Court Live Updates and Tracker: Ruth Bader Ginsburg Vacancy https://virusreports.net/supreme-court-live-updates-and-tracker-ruth-bader-ginsburg-vacancy/ https://virusreports.net/supreme-court-live-updates-and-tracker-ruth-bader-ginsburg-vacancy/#respond Sun, 20 Sep 2020 20:21:20 +0000 https://virusreports.net/supreme-court-live-updates-and-tracker-ruth-bader-ginsburg-vacancy/ Lisa Murkowski of Alaska became the second Republican senator to say the Senate should not consider a nominee before the presidential election.Right NowJoe Biden is linking the Supreme Court vacancy to the coronavirus crisis and protection of Americans with pre-existing conditions, during a speech in Philadelphia.VideotranscripttranscriptVigils for Justice Ginsburg Held Across the CountryMourners gathered around…

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Lisa Murkowski of Alaska became the second Republican senator to say the Senate should not consider a nominee before the presidential election.

Right Now

Joe Biden is linking the Supreme Court vacancy to the coronavirus crisis and protection of Americans with pre-existing conditions, during a speech in Philadelphia.

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transcript

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Vigils for Justice Ginsburg Held Across the Country

Mourners gathered around courthouses across the nation on Saturday to remember the late Justice Ruth Bader Ginsburg.

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Mourners gathered around courthouses across the nation on Saturday to remember the late Justice Ruth Bader Ginsburg.CreditCredit…Michael A. McCoy for The New York Times

Joe Biden says the election winner should appoint a new justice, calling on G.O.P. senators to defy their leadership.

Joe Biden on Sunday urged Republicans not to “jam” a Supreme Court nominee through the Senate before the presidential election, suggesting that such a move would amount to an “abuse of power,” in his first extensive remarks on the battle to fill the vacancy left by the death of Justice Ruth Bader Ginsburg.

In a speech delivered at the National Constitution Center in Philadelphia, Mr. Biden, a former vice president and the current Democratic presidential nominee, appealed directly to the “handful” of pivotal Senate Republicans “who really will decide what happens” to “follow your conscience,” wading head-on into a matter that many political observers believe has the power to define the final weeks of the presidential race.

“If Donald Trump wins the election, then the Senate should move on his selection, and weigh the nominee he chooses fairly,” he said. “But if I win this election, President Trump’s nominee should be withdrawn. And as a new president, I should be the one who nominates Justice Ginsburg’s successor, a nominee who should get a fair hearing in the Senate.”

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Joseph R. Biden Jr., the Democratic nominee for president, said the Senate should wait until after the presidential election to vote on a Supreme Court nominee to succeed Justice Ruth Bader Ginsburg.CreditCredit…By Reuters

President Trump has vowed to nominate a woman for the position next week, seizing on an issue that has the potential to electrify the bases of both political parties and to inject a new measure of uncertainty into the presidential race. The election is little more than six weeks away.

Justice Ginsburg was “a righteous soul,” Mr. Biden said. “She was proof that courage and conviction and moral clarity can change not only our law, can change our culture, can change the world.”

His remarks come as he and other Democrats seek to frame the Supreme Court vacancy battle as one defined, above all else, by the issue of health care amid a global pandemic.

They are casting their arguments in particular around protecting the Affordable Care Act, which Justice Ginsburg had voted to uphold, and its guarantee of coverage for people with pre-existing conditions. The Supreme Court is set to hear arguments a week after Election Day in a case that could determine the future of the health law .

Even before Justice Ginsburg’s death, Mr. Biden and other Democratic candidates had been emphasizing health care, hoping for a repeat of the success that Democratic House candidates found in the 2018 midterm elections when the party won control of the chamber.

For months, Mr. Biden had sought to make the election a referendum on Mr. Trump’s management of the pandemic and its economic fallout. Over the weekend, Democrats began to link that message to the courts, arguing that the coronavirus crisis makes the issue of health care protections all the more urgent.

Lisa Murkowski becomes the second Republican Senator to oppose taking up the nomination before the election.

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Credit…Anna Moneymaker for The New York Times

A second Republican senator came out against taking up a Supreme Court nomination before the election, potentially complicating Republican efforts to let President Trump swiftly fill the vacancy left by the death of Justice Ruth Bader Ginsburg.

Senator Lisa Murkowski, Republican of Alaska, said in a statement on Sunday that she would not support confirming a Supreme Court nominee before Election Day. Having objected to filling the vacancy left by the death of Justice Antonin Scalia in 2016, she said she believed “the same standard must apply” less than two months before the presidential election.

“For weeks, I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election,” Ms. Murkowski said in a statement. “Sadly, what was then a hypothetical is now our reality, but my position has not changed.”

“I did not support taking up a nomination eight months before the 2016 election to fill the vacancy created by the passing of Justice Scalia,” she said in the statement. “We are now even closer to the 2020 election — less than two months out — and I believe the same standard must apply.”

Ms. Murkowski’s remarks did not address how she felt about a vote on a justice in the weeks after the November election, when Congress will be in a so-called lame duck session and still able to vote on both legislation and nominations. Senator Susan Collins, Republican of Maine, on Saturday said not only that the Senate should not vote on a nominee before the election, but that the victor in the presidential election on Nov. 3 should fill the vacancy.

Ms. Murkowski’s stance against a vote ahead of the November election was striking, particularly given signals from the White House that the administration hopes to nominate someone for the position in the coming days. Ms. Murkowski took care to hold to her position from 2016, but several other Republicans who resisted confirming Merrick B. Garland, President Obama’s choice for the Scalia vacancy, are now arguing that the Senate should vote to confirm President Trump’s nominee. Several sought Sunday to deflect charges of hypocrisy.

“What we’re proposing is completely consistent, completely consistent with the precedent,” Senator John Barrasso, Republican of Wyoming and a member of the Senate leadership, claimed speaking on “Meet the Press.” Senator Tom Cotton, Republican of Arkansas and one of the names on Mr. Trump’s short list for the open seat, said on Fox News Sunday that “the Senate majority is performing our constitutional duty and fulfilling the mandate that voters gave us in 2016 and 2018.”

It remains unclear, however, whether Senator Mitch McConnell of Kentucky, the majority leader, will hold a vote on a Supreme Court nominee before November, though on Friday he vowed that the Senate would vote on Mr. Trump’s nominee.

With Ms. Murkowski and Ms. Collins both publicly voicing their objections to such a timeline, Mr. McConnell can only afford to lose the support of two more Republican senators. And Mr. McConnell, who is up for re-election, is cognizant of the tough races a number of his members are facing and how such a political fight could further galvanize voters. He had gone so far as to encourage his members to “keep their powder dry” when asked about a vacancy.

There were continuing signs that the looming confirmation fight was motivating Democratic donors: ActBlue, the donation-processing site, announced Sunday that small-dollar donors had contributed $100 million since Friday night.

Ms. Collins is embroiled in the toughest race of her political career, but Ms. Murkowski is not up for re-election until 2022. She has shown few qualms about breaking with her party in the past, even if it means incurring the wrath of the president. On Sunday morning, Mr. Trump again focused on her, derisively tweeting “No thanks!” after the Alaska Chamber invited people to join an upcoming forum featuring Ms. Murkowski.

Democrats link the coming battle over the Supreme Court to health care and the pandemic.

Image

Credit…Michael A. McCoy for The New York Times

As the battle got underway over how the Supreme Court vacancy left by the death of Justice Ruth Bader Ginsburg should be filled, Democrats argued Sunday that the stakes for the pandemic-battered nation were as much about health care as about the usual hot-button divides over guns and abortion that typically define court confirmations.

Democrats called for the winner of the presidential election to fill the vacancy, and charged that President Trump was rushing the process in order to have a conservative justice seated in time to hear a case seeking to invalidate the Affordable Care Act.

Eliminating the act could wipe out coverage for as many as 23 million Americans. Arguments in the case are set for a week after Election Day.

Republicans sought to defend themselves from charges of hypocrisy for trying to speed through a nominee from President Trump in the final days of a presidential campaign, after Senate Republicans had adamantly refused in 2016 to act on the nomination President Obama made in March of that year, on the grounds that it was too close to the election.

But in another sign of how the pandemic has upended traditional politics, Democrats linked the battle over the Supreme Court to health care.

The Trump administration is supporting a Republican effort to overturn the Affordable Care Act, popularly known as Obamacare, which guarantees coverage for people with pre-existing health conditions who often struggled to get insurance in the past.

“He doesn’t want to crush the virus, he wants to crush the Affordable Care Act,” Speaker Nancy Pelosi of California said Sunday on ABC’s “This Week with George Stephanopoulos.”

For months Democrats have sought to make the election a referendum on Mr. Trump’s mishandling of the coronavirus pandemic. Now they see the coming battle over the court as a chance to remind voters that the fate of the Affordable Care Act could hang in the balance.

Former Vice President Joseph R. Biden Jr. has called for the choice of a nominee to be left to the winner of the presidential election. Aides to Mr. Biden said that he planned to accuse the president of trying to eliminate protections for pre-existing conditions during a pandemic, while noting that the stakes had been heightened now that the Supreme Court was short one of the liberal justices who had previously voted to keep the law in place. Mr. Biden was expected to discuss the court on Sunday afternoon at an appearance in Philadelphia.

For Democrats, the focus on health care — overlaid by the pandemic — is a rerun of the successful playbook that helped power the party’s takeover of the House of Representatives in 2018 and a fidelity to Mr. Biden’s steadfast promise to defend Obamacare, a pledge that helped him navigate through the 2020 primary.

The next justice “will be a woman,” Trump declares.

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‘It Will Be a Woman,’ Trump Says of Supreme Court Pick

President Trump said he would nominate a woman next week to replace the late Justice Ruth Bader Ginsburg during a campaign rally in Fayetteville, N.C., where the crowd chanted “fill that seat.”

“I will be putting forth a nominee next week. It will be a woman. [cheers] It will be a woman. Both the White House and the Senate majority have a moral duty to fulfill the promises they made to the voters. And that is exactly what we’re going to do. We said that if, for any reason, we have a vacancy on the United States Supreme Court, we will fill that vacancy. We’re not going to say — and by the way, we have plenty of time. There’s a lot of time. You know, you’re talking about — you’re talking about Jan. 20, right?” [audience chanting] “Fill that seat!”

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President Trump said he would nominate a woman next week to replace the late Justice Ruth Bader Ginsburg during a campaign rally in Fayetteville, N.C., where the crowd chanted “fill that seat.”CreditCredit…Doug Mills/The New York Times

President Trump has vowed to fill the vacant Supreme Court created by the death of Justice Ruth Bader Ginsburg “without delay,” and said that he would choose a woman. But Justice Ginsburg had said that her “most fervent wish” was that she not be replaced before a new president took office.

“I will be putting forth the nominee next week; it will be a woman,” Mr. Trump told supporters at an outdoor rally on Saturday, at an airport in Fayetteville, N.C. “I actually like women much more than I like men.”

Mr. Trump’s push to move quickly has already received pledges of support from Senator Mitch McConnell of Kentucky, the majority leader, and Senator Lindsey Graham of South Carolina, who directly contradicted remarks he made in 2016 when he said he would oppose any effort to fill a Supreme Court vacancy during a presidential election year.

Democrats have few tools at their disposal to block a simple majority vote on a Supreme Court nomination given the Republican control of the Senate, but Senator Chuck Schumer of New York, the Democratic leader, indicated that they would instead look to retaliate with further institutional changes if Senate control flipped in the November elections.

Mr. Trump has yet to name his choice, but he identified two women as candidates in a telephone conversation on Friday night with Mr. McConnell, according to two people familiar with the call.

Judges Amy Coney Barrett of the U.S. Court of Appeals for the Seventh Circuit in Chicago and Barbara Lagoa of the U.S. Court of Appeals for the 11th Circuit in Atlanta were the women Mr. Trump mentioned. Here is what we know about them.

Judge Amy Coney Barrett

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Credit…Samuel Corum for The New York Times

Judge Amy Coney Barrett, a self-described “faithful Catholic” and a former clerk for the conservative Supreme Court Justice Antonin Scalia, joined the appellate court for the Seventh Circuit in 2017 after being nominated by President Trump.

“She’s very highly respected. I can say that,” Mr. Trump said on Saturday.

She was confirmed by the Senate along largely partisan lines, after she was grilled at her nomination hearing by Democrats on how her religious beliefs might influence her judicial thinking. The moment made her something of a hero to religious conservatives, and Ms. Barrett told the senators that her religious beliefs would not affect her decisions as an appellate judge.

In that hearing, she would “have no interest in” challenging the Supreme Court precedent in Roe v. Wade, which legalized abortion. But in a 2016 panel discussion, Judge Barrett, who is a favorite of anti-abortion conservatives, said she could envision the scope of abortion rights changing.

A native of New Orleans, Judge Barrett, 48, graduated magna cum laude from Rhodes College in Memphis with a degree in English literature, and was selected by the faculty as the most outstanding graduate in the college’s English department.

She collected a string of accolades at Notre Dame Law School, where she served as executive editor of the Notre Dame Law Review before graduating in 1997.

After her law school graduation, she clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Justice Scalia. In 2002, she joined the Notre Dame faculty as a professor of law.

When Justice Scalia died, Judge Barrett said that “all jobs have been downhill” since her time clerking for him. She admired Justice Scalia’s friendship with Justice Ginsburg, formed in spite of their philosophical and political differences, adding, “he had great respect for those whose principles were different from his own.”

She shares the originalist views of Justice Scalia, contending that judges should conserve the meaning of the Constitution as it was written. She wrote in a 2013 Texas Law Review article that a justice’s duty is to “enforce her best understanding of the Constitution rather than a precedent she thinks is clearly in conflict with it.”

Judge Barbara Lagoa

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Credit…Wilfredo Lee/Associated Press

Judge Barbara Lagoa, a Cuban-American, was the first Hispanic woman to serve on the Florida Supreme Court and left on her appointment to the federal appellate court in 2019, after being nominated by President Trump.

Judge Lagoa is from Hialeah, Fla., and attended Florida International University, where she majored in English and graduated cum laude. She then went to law school at Columbia University and became an associate editor of Columbia Law Review.

Judge Lagoa, 52, practiced both civil and criminal law before joining the bench and worked on commercial litigation, including employment discrimination, at law firms in Miami including Greenberg Traurig. She was also a member of the Florida Association for Women Lawyers.

She became a federal prosecutor in 2003, joining the United States Attorney’s Office for the Southern District of Florida, where she worked in the civil, major crimes and appellate sections.

She began her judicial career in 2006, when Gov. Jeb Bush appointed her to Florida’s Court of Appeals for the Third District. She heard more than 11,000 cases and issued more than 470 written opinions, before she was picked by Gov. Ron DeSantis to join the state’s Supreme Court, where she served for 11 months.

“She has been the essence of what a judge should be” Mr. DeSantis said in 2019 when he chose Judge Lagoa for the state’s high court. “She understands the rule of law, how important that is to a society.”

Earlier this month, she joined a majority opinion ruling that people with felony criminal records in Florida were ineligible to vote unless they had paid all their outstanding court fines and fees. Critics say the decision disenfranchised hundreds of thousands of people.

Lindsey Graham invited people “to use my words against me” if he changed positions. He did, and they are.

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Credit…Anna Moneymaker for The New York Times

“I want you to use my words against me,” Senator Lindsey Graham, Republican of South Carolina, said bluntly in 2016. “If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination.”

His scenario came true: A Republican did win the 2016 presidential election, and a vacancy did just occur in the last year of his first term.

But Mr. Graham, who oversees the Senate Judiciary Committee and would preside over any confirmation hearing, now says he sees no reason to wait for the next president.

And that has led others — including the challenger for Mr. Graham’s Senate seat and the Lincoln Project, a super PAC supported by Republicans critical of Mr. Trump — to take Mr. Graham up on his call to use his words against him. The Lincoln Project shared a new ad on Twitter, adding: “Lindsey said he wants us to use his words against him. Ok, done.”

The ad includes video of Mr. Graham making his statements.

Mr. Graham, a loyal Trump ally who is locked in a tight race against Jaime Harrison in South Carolina, cited the Democrats’ decision to eliminate the 60-vote threshold for most judicial nominees as a reason he had changed his position — though they made that change in 2013, long before he spoke out against a president filling a vacancy in the last year of a term.

He also argued that “Chuck Schumer and his friends in the liberal media conspired to destroy the life of Brett Kavanaugh and hold that Supreme Court seat open.”

It was a stark departure from his previous assertions, which began in 2016 and continued into 2018, even after most of the hearings to confirm Justice Kavanaugh to the nation’s highest court had taken place.

In 2018, days before Justice Kavanaugh was confirmed by the Senate and sworn in, Mr. Graham said again, “If an opening comes in the last year of President Trump’s term and the primary process has started, we will wait to the next election.”

His opponent, Mr. Harrison, wrote on Twitter on Saturday that Mr. Graham had proved his “word is worthless.”

“When people show you who they are, believe them,” he said. “Lindsey Graham has shown us that he’s running for political power.”

Bill Clinton seems to raise the idea of a Democratic boycott of confirmation hearings.

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Credit…Pool photo by Alyssa Pointer

Former President Bill Clinton appeared to suggest on Sunday that Senate Democrats should refuse to participate in the confirmation hearings for the person President Trump is expected to nominate to the Supreme Court to replace Justice Ruth Bader Ginsburg.

In an interview on “Face the Nation” on CBS, Mr. Clinton stressed the enormous power that a conservative justice replacing a liberal one would have to reshape the law on a wide array of policies, including health insurance coverage and voting rights. With barely six weeks until the presidential election, he said, voters need to understand the potential consequences.

“I think that maybe the Democrats should leave,” Mr. Clinton said. “There are no rules on this. There’s no law. So we’ll just have to see what happens.”

He did not elaborate on what he meant when he suggested that Democrats might “leave.” But he was highly critical of Mr. Trump and Senate Republican leaders for trying what he characterized as a power grab.

“You can’t be possibly be surprised,” he said of Mr. Trump and Senator Mitch McConnell of Kentucky, the majority leader. “They’re for whatever maximizes their power.”

The Trump and Biden campaigns both seize on the fight over the future of the court.

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Credit…Doug Mills/The New York Times

Since spring, the White House has been working on a plan to replace Justice Ginsburg if the opportunity arose. Now, President Trump’s advisers see a fight over the federal courts as an opportunity to jump-start a stumbling campaign.

Those are just a few of the insights into how the Trump team is approaching the momentous struggle to fill the vacancy left by Justice Ginsburg, Peter Baker and Maggie Haberman write.

Mr. Trump, who rolled out a new list of possible Supreme Court picks last week before there was a vacancy, seized the political initiative early Saturday, issuing a thinly veiled warning to any Republicans thinking about delaying a vote until after the November election.

The president rejected suggestions that he should wait to let the winner of the Nov. 3 contest fill the vacancy, much as Mr. McConnell insisted four years ago in blocking President Barack Obama from filling an election-year vacancy on the court.

“We won and we have an obligation as the winners to pick who we want,” Mr. Trump said. “That’s not the next president. Hopefully, I’ll be the next president. But we’re here now, right now, we’re here, and we have an obligation to the voters, all of the people, the millions of people who put us here.”

For the Biden team, the death of Justice Ginsburg represents a challenge of a different sort.

As Shane Goldmacher, Katie Glueck and Thomas Kaplan report, Joseph R. Biden Jr. has spent months condemning President Trump as a failed steward of the nation’s well-being, relentlessly framing the 2020 election as a referendum on the president’s handling of the coronavirus pandemic.

Now, confronted with a moment that many believe will upend the 2020 election, the Biden campaign is sticking to what it believes is a winning strategy. Campaign aides said on Saturday they would seek to link the Supreme Court vacancy to the health emergency gripping the country and the future of health care in the United States.

Confirmation fights have long centered on hot-button cultural divides like guns and especially abortion, but the Biden campaign, at least at the start, plans to focus chiefly on protecting the Affordable Care Act and its popular guarantee of coverage for people with pre-existing conditions.

The meaning in Ruth Bader Ginsburg’s collars.

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Credit…Jonathan Ernst/Reuters

As much as the nickname “The Notorious R.B.G.” came to symbolize Justice Ruth Bader Ginsburg’s status as a pop culture hero in her later years, the collars she wore with her judicial robes served as both semiology and semaphore.

Vanessa Friedman, the chief fashion critic of The New York Times, writes:

They signaled her positions before she even opened her mouth, and they represented her unique role as the second woman on the country’s highest court. Shining like a beacon amid the dark sea of denaturing judicial robes, Justice Ginsburg’s collars were unmistakable in photographs and from the court floor.

Though obviously Justice Ginsburg’s legacy of jurisprudence is her most important gift to history, her understanding of her own significance as a role model was undeniable. As the rare female law student (and student in the rarefied air at the top of the class) — not to mention the rare female lawyer — she was used to being the only one. She knew that every statement she made, every gesture, every image, would be noted, picked over and parsed. All her choices mattered. So she might as well imbue them with meaning.

Reporting was contributed by Vanessa Friedman, Michael Cooper, Emily Cochrane, Reid J. Epstein, Carl Hulse, Annie Karni, Aishvarya Kavi, Adam Liptak, Jeremy W. Peters, Marc Santora, Anna Schaverien and Matt Stevens.

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Live Supreme Court and Ruth Bader Ginsburg News Updates https://virusreports.net/live-supreme-court-and-ruth-bader-ginsburg-news-updates/ https://virusreports.net/live-supreme-court-and-ruth-bader-ginsburg-news-updates/#respond Sun, 20 Sep 2020 19:21:20 +0000 https://virusreports.net/live-supreme-court-and-ruth-bader-ginsburg-news-updates/ Lisa Murkowski of Alaska became the second Republican senator to say the Senate should not consider a nominee before the presidential election.Right NowJoe Biden is linking the Supreme Court vacancy to the coronavirus crisis and protection of Americans with pre-existing conditions, during a speech in Philadelphia.VideotranscripttranscriptVigils for Justice Ginsburg Held Across the CountryMourners gathered around…

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Lisa Murkowski of Alaska became the second Republican senator to say the Senate should not consider a nominee before the presidential election.

Right Now

Joe Biden is linking the Supreme Court vacancy to the coronavirus crisis and protection of Americans with pre-existing conditions, during a speech in Philadelphia.

Video

transcript

transcript

Vigils for Justice Ginsburg Held Across the Country

Mourners gathered around courthouses across the nation on Saturday to remember the late Justice Ruth Bader Ginsburg.

[singing] [singing]

Video player loading

Mourners gathered around courthouses across the nation on Saturday to remember the late Justice Ruth Bader Ginsburg.CreditCredit…Michael A. McCoy for The New York Times

Democrats link the coming battle over the Supreme Court to health care and the pandemic.

As the battle got underway over how the Supreme Court vacancy left by the death of Justice Ruth Bader Ginsburg should be filled, Democrats argued Sunday that the stakes for the pandemic-battered nation were as much about health care as about the usual hot-button divides over guns and abortion that typically define court confirmations.

Democrats called for the winner of the presidential election to fill the vacancy, and charged that President Trump was rushing the process in order to have a conservative justice seated in time to hear a case seeking to invalidate the Affordable Care Act.

Eliminating the act could wipe out coverage for as many as 23 million Americans. Arguments in the case are set for a week after Election Day.

Republicans sought to defend themselves from charges of hypocrisy for trying to speed through a nominee from President Trump in the final days of a presidential campaign, after Senate Republicans had adamantly refused in 2016 to act on the nomination President Obama made in March of that year, on the grounds that it was too close to the election.

But in another sign of how the pandemic has upended traditional politics, Democrats linked the battle over the Supreme Court to health care.

The Trump administration is supporting a Republican effort to overturn the Affordable Care Act, popularly known as Obamacare, which guarantees coverage for people with pre-existing health conditions who often struggled to get insurance in the past.

“He doesn’t want to crush the virus, he wants to crush the Affordable Care Act,” Speaker Nancy Pelosi of California said Sunday on ABC’s “This Week with George Stephanopoulos.”

For months Democrats have sought to make the election a referendum on Mr. Trump’s mishandling of the coronavirus pandemic. Now they see the coming battle over the court as a chance to remind voters that the fate of the Affordable Care Act could hang in the balance.

Former Vice President Joseph R. Biden Jr. has called for the choice of a nominee to be left to the winner of the presidential election. Aides to Mr. Biden said that he planned to accuse the president of trying to eliminate protections for pre-existing conditions during a pandemic, while noting that the stakes had been heightened now that the Supreme Court was short one of the liberal justices who had previously voted to keep the law in place. Mr. Biden was expected to discuss the court on Sunday afternoon at an appearance in Philadelphia.

For Democrats, the focus on health care — overlaid by the pandemic — is a rerun of the successful playbook that helped power the party’s takeover of the House of Representatives in 2018 and a fidelity to Mr. Biden’s steadfast promise to defend Obamacare, a pledge that helped him navigate through the 2020 primary.

Lisa Murkowski becomes the second Republican Senator to oppose taking up the nomination before the election.

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Credit…Anna Moneymaker for The New York Times

A second Republican senator came out against taking up a Supreme Court nomination before the election, potentially complicating Republican efforts to let President Trump swiftly fill the vacancy left by the death of Justice Ruth Bader Ginsburg.

Senator Lisa Murkowski, Republican of Alaska, said in a statement on Sunday that she would not support confirming a Supreme Court nominee before Election Day. Having objected to filling the vacancy left by the death of Justice Antonin Scalia in 2016, she said she believed “the same standard must apply” less than two months before the presidential election.

“For weeks, I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election,” Ms. Murkowski said in a statement. “Sadly, what was then a hypothetical is now our reality, but my position has not changed.”

“I did not support taking up a nomination eight months before the 2016 election to fill the vacancy created by the passing of Justice Scalia,” she said in the statement. “We are now even closer to the 2020 election — less than two months out — and I believe the same standard must apply.”

Ms. Murkowski’s remarks did not address how she felt about a vote on a justice in the weeks after the November election, when Congress will be in a so-called lame duck session and still able to vote on both legislation and nominations. Senator Susan Collins, Republican of Maine, on Saturday said not only that the Senate should not vote on a nominee before the election, but that the victor in the presidential election on Nov. 3 should fill the vacancy.

Ms. Murkowski’s stance against a vote ahead of the November election was striking, particularly given signals from the White House that the administration hopes to nominate someone for the position in the coming days. Ms. Murkowski took care to hold to her position from 2016, but several other Republicans who resisted confirming Merrick B. Garland, President Obama’s choice for the Scalia vacancy, are now arguing that the Senate should vote to confirm President Trump’s nominee. Several sought Sunday to deflect charges of hypocrisy.

“What we’re proposing is completely consistent, completely consistent with the precedent,” Senator John Barrasso, Republican of Wyoming and a member of the Senate leadership, claimed speaking on “Meet the Press.” Senator Tom Cotton, Republican of Arkansas and one of the names on Mr. Trump’s short list for the open seat, said on Fox News Sunday that “the Senate majority is performing our constitutional duty and fulfilling the mandate that voters gave us in 2016 and 2018.”

It remains unclear, however, whether Senator Mitch McConnell of Kentucky, the majority leader, will hold a vote on a Supreme Court nominee before November, though on Friday he vowed that the Senate would vote on Mr. Trump’s nominee.

With Ms. Murkowski and Ms. Collins both publicly voicing their objections to such a timeline, Mr. McConnell can only afford to lose the support of two more Republican senators. And Mr. McConnell, who is up for re-election, is cognizant of the tough races a number of his members are facing and how such a political fight could further galvanize voters. He had gone so far as to encourage his members to “keep their powder dry” when asked about a vacancy.

There were continuing signs that the looming confirmation fight was motivating Democratic donors: ActBlue, the donation-processing site, announced Sunday that small-dollar donors had contributed $100 million since Friday night.

Ms. Collins is embroiled in the toughest race of her political career, but Ms. Murkowski is not up for re-election until 2022. She has shown few qualms about breaking with her party in the past, even if it means incurring the wrath of the president. On Sunday morning, Mr. Trump again focused on her, derisively tweeting “No thanks!” after the Alaska Chamber invited people to join an upcoming forum featuring Ms. Murkowski.

The next justice “will be a woman,” Trump declares, as stage is set for titanic political fight.

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‘It Will Be a Woman,’ Trump Says of Supreme Court Pick

President Trump said he would nominate a woman next week to replace the late Justice Ruth Bader Ginsburg during a campaign rally in Fayetteville, N.C., where the crowd chanted “fill that seat.”

“I will be putting forth a nominee next week. It will be a woman. [cheers] It will be a woman. Both the White House and the Senate majority have a moral duty to fulfill the promises they made to the voters. And that is exactly what we’re going to do. We said that if, for any reason, we have a vacancy on the United States Supreme Court, we will fill that vacancy. We’re not going to say — and by the way, we have plenty of time. There’s a lot of time. You know, you’re talking about — you’re talking about Jan. 20, right?” [audience chanting] “Fill that seat!”

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President Trump said he would nominate a woman next week to replace the late Justice Ruth Bader Ginsburg during a campaign rally in Fayetteville, N.C., where the crowd chanted “fill that seat.”CreditCredit…Doug Mills/The New York Times

President Trump has vowed to fill the vacant Supreme Court created by the death of Justice Ruth Bader Ginsburg “without delay,” and said that he would choose a woman. But Justice Ginsburg had said that her “most fervent wish” was that she not be replaced before a new president took office.

“I will be putting forth the nominee next week; it will be a woman,” Mr. Trump told supporters at an outdoor rally on Saturday, at an airport in Fayetteville, N.C. “I actually like women much more than I like men.”

Mr. Trump’s push to move quickly has already received pledges of support from Senator Mitch McConnell of Kentucky, the majority leader, and Senator Lindsey Graham of South Carolina, who directly contradicted remarks he made in 2016 when he said he would oppose any effort to fill a Supreme Court vacancy during a presidential election year.

Democrats have few tools at their disposal to block a simple majority vote on a Supreme Court nomination given the Republican control of the Senate, but Senator Chuck Schumer of New York, the Democratic leader, indicated that they would instead look to retaliate with further institutional changes if Senate control flipped in the November elections.

Mr. Trump has yet to name his choice, but he identified two women as candidates in a telephone conversation on Friday night with Mr. McConnell, according to two people familiar with the call.

Judges Amy Coney Barrett of the U.S. Court of Appeals for the Seventh Circuit in Chicago and Barbara Lagoa of the U.S. Court of Appeals for the 11th Circuit in Atlanta were the women Mr. Trump mentioned. Here is what we know about them.

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Credit…Samuel Corum for The New York Times

Judge Amy Coney Barrett, a self-described “faithful Catholic” and a former clerk for the conservative Supreme Court Justice Antonin Scalia, joined the appellate court for the Seventh Circuit in 2017 after being nominated by President Trump.

“She’s very highly respected. I can say that,” Mr. Trump said on Saturday.

She was confirmed by the Senate along largely partisan lines, after she was grilled at her nomination hearing by Democrats on how her religious beliefs might influence her judicial thinking. The moment made her something of a hero to religious conservatives, and Ms. Barrett told the senators that her religious beliefs would not affect her decisions as an appellate judge.

In that hearing, she would “have no interest in” challenging the Supreme Court precedent in Roe v. Wade, which legalized abortion. But in a 2016 panel discussion, Judge Barrett, who is a favorite of anti-abortion conservatives, said she could envision the scope of abortion rights changing.

A native of New Orleans, Judge Barrett, 48, graduated magna cum laude from Rhodes College in Memphis with a degree in English literature, and was selected by the faculty as the most outstanding graduate in the college’s English department.

She collected a string of accolades at Notre Dame Law School, where she served as executive editor of the Notre Dame Law Review before graduating in 1997.

After her law school graduation, she clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Justice Scalia. In 2002, she joined the Notre Dame faculty as a professor of law.

When Justice Scalia died, Judge Barrett said that “all jobs have been downhill” since her time clerking for him. She admired Justice Scalia’s friendship with Justice Ginsburg, formed in spite of their philosophical and political differences, adding, “he had great respect for those whose principles were different from his own.”

She shares the originalist views of Justice Scalia, contending that judges should conserve the meaning of the Constitution as it was written. She wrote in a 2013 Texas Law Review article that a justice’s duty is to “enforce her best understanding of the Constitution rather than a precedent she thinks is clearly in conflict with it.”

Judge Barbara Lagoa

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Credit…Wilfredo Lee/Associated Press

Judge Barbara Lagoa, a Cuban-American, was the first Hispanic woman to serve on the Florida Supreme Court and left on her appointment to the federal appellate court in 2019, after being nominated by President Trump.

Judge Lagoa is from Hialeah, Fla., and attended Florida International University, where she majored in English and graduated cum laude. She then went to law school at Columbia University and became an associate editor of Columbia Law Review.

Judge Lagoa, 52, practiced both civil and criminal law before joining the bench and worked on commercial litigation, including employment discrimination, at law firms in Miami including Greenberg Traurig. She was also a member of the Florida Association for Women Lawyers.

She became a federal prosecutor in 2003, joining the United States Attorney’s Office for the Southern District of Florida, where she worked in the civil, major crimes and appellate sections.

She began her judicial career in 2006, when Gov. Jeb Bush appointed her to Florida’s Court of Appeals for the Third District. She heard more than 11,000 cases and issued more than 470 written opinions, before she was picked by Gov. Ron DeSantis to join the state’s Supreme Court, where she served for 11 months.

“She has been the essence of what a judge should be” Mr. DeSantis said in 2019 when he chose Judge Lagoa for the state’s high court. “She understands the rule of law, how important that is to a society.”

Earlier this month, she joined a majority opinion ruling that people with felony criminal records in Florida were ineligible to vote unless they had paid all their outstanding court fines and fees. Critics say the decision disenfranchised hundreds of thousands of people.

Lindsey Graham invited people “to use my words against me” if he changed positions. He did, and they are.

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Credit…Anna Moneymaker for The New York Times

“I want you to use my words against me,” Senator Lindsey Graham, Republican of South Carolina, said bluntly in 2016. “If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination.”

His scenario came true: A Republican did win the 2016 presidential election, and a vacancy did just occur in the last year of his first term.

But Mr. Graham, who oversees the Senate Judiciary Committee and would preside over any confirmation hearing, now says he sees no reason to wait for the next president.

And that has led others — including the challenger for Mr. Graham’s Senate seat and The Lincoln Project, a super PAC supported by Republicans critical of Mr. Trump — to take Mr. Graham up on his call to use his words against him. The Lincoln Project shared a new ad on Twitter, adding: “Lindsey said he wants us to use his words against him. Ok, done.”

The ad includes video of Mr. Graham making his statements.

Mr. Graham, a loyal Trump ally who is locked in a tight race against Jaime Harrison in South Carolina, cited the Democrats’ decision to eliminate the 60-vote threshold for most judicial nominees as a reason he had changed his position — though they made that change in 2013, long before he spoke out against a president filling a vacancy in the last year of a term.

He also argued that “Chuck Schumer and his friends in the liberal media conspired to destroy the life of Brett Kavanaugh and hold that Supreme Court seat open.”

It was a stark departure from his previous assertions, which began in 2016 and continued into 2018, even after most of the hearings to confirm Brett M. Kavanaugh to the nation’s highest court had taken place.

In 2018, days before Justice Kavanaugh was confirmed by the Senate and sworn in, Mr. Graham said again, “If an opening comes in the last year of President Trump’s term and the primary process has started, we will wait to the next election.”

His opponent, Mr. Harrison, wrote on Twitter on Saturday that Mr. Graham had proved his “word is worthless.”

“When people show you who they are, believe them,” he said. “Lindsey Graham has shown us that he’s running for political power.”

The Trump and Biden campaigns both seize on the fight over the future of the court.

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Credit…Doug Mills/The New York Times

Since spring, the White House has been working on a plan to replace Justice Ginsburg if the opportunity arose. Now, President Trump’s advisers see a fight over the federal courts as an opportunity to jump-start a stumbling campaign.

Those are just a few of the insights into how the Trump team is approaching the momentous struggle to fill the vacancy left by Justice Ginsburg, Peter Baker and Maggie Haberman write.

Mr. Trump, who rolled out a new list of possible Supreme Court picks last week before there was a vacancy, seized the political initiative early Saturday, issuing a thinly veiled warning to any Republicans thinking about delaying a vote until after the November election.

The president rejected suggestions that he should wait to let the winner of the Nov. 3 contest fill the vacancy, much as Mr. McConnell insisted four years ago in blocking President Barack Obama from filling an election-year vacancy on the court.

“We won and we have an obligation as the winners to pick who we want,” Mr. Trump said. “That’s not the next president. Hopefully, I’ll be the next president. But we’re here now, right now, we’re here, and we have an obligation to the voters, all of the people, the millions of people who put us here.”

For the Biden team, the death of Justice Ginsburg represents a challenge of a different sort.

As Shane Goldmacher, Katie Glueck and Thomas Kaplan report, Joseph R. Biden Jr. has spent months condemning President Trump as a failed steward of the nation’s well-being, relentlessly framing the 2020 election as a referendum on the president’s handling of the coronavirus pandemic.

Now, confronted with a moment that many believe will upend the 2020 election, the Biden campaign is sticking to what it believes is a winning strategy. Campaign aides said on Saturday they would seek to link the Supreme Court vacancy to the health emergency gripping the country and the future of health care in America.

While confirmation fights have long centered on hot-button cultural divides like guns and especially abortion, the Biden campaign, at least at the start, plans to focus chiefly on protecting the Affordable Care Act and its popular guarantee of coverage for people with pre-existing conditions.

Bill Clinton seems to raise the idea of a Democratic boycott of confirmation hearings.

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Credit…Pool photo by Alyssa Pointer

Former President Bill Clinton appeared to suggest on Sunday that Senate Democrats should refuse to participate in the confirmation hearings for the person President Trump is expected to nominate to the Supreme Court to replace Justice Ruth Bader Ginsburg.

In an interview on “Face the Nation” on CBS, Mr. Clinton stressed the enormous power that a conservative justice replacing a liberal one would have to reshape the law on a wide array of policies, including health insurance coverage and voting rights. With barely six weeks until the presidential election, he said, voters need to understand the potential consequences.

“I think that maybe the Democrats should leave,” Mr. Clinton said. “There are no rules on this. There’s no law. So we’ll just have to see what happens.”

He did not elaborate on what he meant when he suggested that Democrats might “leave.” But he was highly critical of Mr. Trump and Senate Republican leaders for attempting what he characterized as a power grab.

“You can’t be possibly be surprised,” he said of Mr. Trump and Senator Mitch McConnell of Kentucky, the majority leader. “They’re for whatever maximizes their power.”

The meaning in Ruth Bader Ginsburg’s collars.

As much as the nickname “The Notorious R.B.G.” came to symbolize Justice Ruth Bader Ginsburg’s status as a pop culture hero in her later years, the collars she wore with her judicial robes served as both semiology and semaphore.

Vanessa Friedman, the chief fashion critic of The New York Times, writes:

They signaled her positions before she even opened her mouth, and they represented her unique role as the second woman on the country’s highest court. Shining like a beacon amid the dark sea of denaturing judicial robes, Justice Ginsburg’s collars were unmistakable in photographs and from the court floor.

Though obviously Justice Ginsburg’s legacy of jurisprudence is her most important gift to history, her understanding of her own significance as a role model was undeniable. As the rare female law student (and student in the rarefied air at the top of the class) — not to mention the rare female lawyer — she was used to being the only one. She knew that every statement she made, every gesture, every image, would be noted, picked over and parsed. All her choices mattered. So she might as well imbue them with meaning.

Reporting was contributed by Michael Cooper, Emily Cochrane, Reid J. Epstein, Carl Hulse, Annie Karni, Aishvarya Kavi, Adam Liptak, Jeremy W. Peters, Marc Santora, Anna Schaverien and Matt Stevens.

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Federal court issues preliminary injunction halting Trump administration’s ban of Chinese app WeChat https://virusreports.net/federal-court-issues-preliminary-injunction-halting-trump-administrations-ban-of-chinese-app-wechat/ https://virusreports.net/federal-court-issues-preliminary-injunction-halting-trump-administrations-ban-of-chinese-app-wechat/#respond Sun, 20 Sep 2020 16:21:32 +0000 https://virusreports.net/federal-court-issues-preliminary-injunction-halting-trump-administrations-ban-of-chinese-app-wechat/ A federal court granted a preliminary injunction halting the Trump administration’s planned ban of Chinese app WeChat, in response to a plaintiff lawsuit saying the ban would harm their First Amendment rights.The United States District Court in San Francisco said the plaintiffs, a group of WeChat users, had shown there are “serious questions” related to…

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A federal court granted a preliminary injunction halting the Trump administration’s planned ban of Chinese app WeChat, in response to a plaintiff lawsuit saying the ban would harm their First Amendment rights.

The United States District Court in San Francisco said the plaintiffs, a group of WeChat users, had shown there are “serious questions” related to their First Amendment claim.

The Trump administration had planned to effectively ban WeChat in the U.S. late tonight by preventing it from appearing in mobile-phone app stores, and by blocking the app’s access to Internet hosting services in the U.S.

The planned ban stemmed from Trump’s Aug. 6 executive order that declared that WeChat posed a threat to national security because it collected “vast swaths” of data on Americans and other users, and offered the Chinese Communist Party an avenue for censoring or distorting information.

WeChat had about 3.3 million monthly active users in the United States as of August, according to analytics provider App Annie. It is a common tool for Chinese speakers to communicate with friends and relatives in China.

A group called the WeChat Users Allliance filed suit in federal court opposing the executive order and seeking to stop a ban, arguing that the app represents a virtual public square for Chinese speakers in the U.S.

They requested a preliminary injunction halting the ban — details of which the Trump administration announced Friday — arguing it would harm free speech.

“The court grants the motion on the ground that the plaintiffs have shown serious questions going to the merits of the First Amendment claim,” Judge Laurel Beeler wrote in the order granting the preliminary injunction. The order was filed late Saturday.

This is a developing story. Please check back for updates.

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