2024 Wisconsin Supreme Court Race

Supreme Court Allows Family to Sue FBI After Wrong House Raid

The Supreme Court unanimously ruled to allow the Martin family’s lawsuit against the FBI to proceed, reversing lower court decisions that had dismissed the case. The Court rejected the appeals court’s interpretation of the Federal Tort Claims Act and the Supremacy Clause, clarifying that the Act’s exception for law enforcement actions should not be narrowly construed to shield the government from liability. While the Court did limit the scope of the “law enforcement proviso,” it ultimately paved the way for the family to pursue their claim for damages resulting from the FBI’s wrongful raid. This decision stems from a 2017 incident where the FBI mistakenly raided the Martin family home, causing significant distress and damages.

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Supreme Court Blocks Release of DOGE Information

The Supreme Court temporarily blocked lower court orders compelling the Department of Government Efficiency (DOGE) to release records and allow depositions to a government watchdog group. The Court found the lower court’s discovery order insufficiently tailored, citing separation of powers concerns regarding internal executive branch communications. The case centers on whether DOGE, a presidential advisory body, is subject to the Freedom of Information Act (FOIA), a matter the Supreme Court did not address directly this time. The case was remanded to the appeals court for further proceedings. The dispute highlights the tension between executive branch confidentiality and public transparency regarding presidential advisory bodies.

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Trump Seeks Supreme Court Approval to Deport Immigrants to Face Torture

The Trump administration seeks Supreme Court approval to circumvent the Convention Against Torture, arguing a loophole allows deportation to undisclosed countries, even if torture is likely. This tactic bypasses established procedures where immigrants can contest deportation to countries posing a credible threat of torture. The administration claims this applies even to those already deemed removable, ignoring existing legal protections and due process. The case hinges on jurisdictional arguments, with the administration asserting that courts lack the authority to review this practice, potentially leaving affected immigrants without any judicial recourse.

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Jackson Accuses Supreme Court of Favoring Trump

The Supreme Court issued a ruling allowing the Department of Government Efficiency access to sensitive Social Security Administration data, despite dissent from the Court’s Democratic justices. This decision, though perhaps predictable given precedent regarding executive branch data management, highlights the Court’s increasing use of the shadow docket to expedite cases brought by the Trump administration. Justice Jackson’s dissent criticizes the Court’s apparent abandonment of the “irreparable harm” requirement for granting emergency relief, particularly when compared to its treatment of similar requests from the Biden administration. This disparity suggests a potential double standard in the application of shadow docket rules based on the political affiliation of the involved administration.

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Supreme Court Strikes Down Reverse Discrimination Standard

The Supreme Court unanimously reversed a lower court ruling dismissing Marlean Ames’ reverse discrimination lawsuit against her employer, the Ohio Department of Youth Services. The Court found that a stricter evidentiary standard applied to majority-group plaintiffs, requiring proof of “background circumstances,” is inconsistent with Title VII of the Civil Rights Act. This decision eliminates this heightened burden for reverse discrimination claims in several federal appellate court jurisdictions. The case was remanded for further proceedings, effectively making it easier to pursue such claims in those jurisdictions. Justice Thomas, in a concurring opinion, criticized the discriminatory nature of the “background circumstances” rule.

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Supreme Court Unanimously Dismisses Mexico’s Gun Lawsuit Against US Manufacturers

The Supreme Court unanimously dismissed Mexico’s $10 billion lawsuit against U.S. gun manufacturers, siding with the manufacturers’ argument that the Protection of Lawful Commerce in Arms Act (PLCAA) shields them from liability. Mexico alleged the manufacturers knowingly aided drug cartels by selling firearms designed to appeal to them and ignoring sales to known cartel intermediaries. The Court’s decision is a significant setback for gun control advocates who viewed the lawsuit as a crucial step in holding manufacturers accountable for gun violence. This ruling reinforces the PLCAA’s broad protection for gun manufacturers against civil lawsuits stemming from the criminal misuse of their products.

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Supreme Court Rejects Mexico’s Gun Maker Lawsuit

In a unanimous decision, the Supreme Court dismissed Mexico’s lawsuit against U.S. firearms manufacturers, citing the Protection of Lawful Commerce in Arms Act of 2005. Justice Kagan’s opinion acknowledged the severity of gun violence but found Mexico’s claims of aiding and abetting insufficient to overcome the Act’s liability protections. The lawsuit, seeking $10 billion in damages, alleged that manufacturers knowingly facilitated the illegal sale of firearms recovered at Mexican crime scenes. The Court’s ruling reverses a lower court decision and upholds the immunity granted to gun manufacturers under the federal law.

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Trump Furious Over Amy Coney Barrett’s Independence

Trump’s private fury at Justice Amy Coney Barrett, stemming from his perception of her as “weak,” is reportedly reaching a fever pitch. His dissatisfaction isn’t a recent development; it appears to be a simmering resentment fueled by her rulings that don’t align with his expectations. This isn’t simply a disagreement over policy; it’s a deeper frustration with a judge he appointed, someone he likely envisioned as a loyal extension of his political agenda.

The situation highlights the inherent tension between a president’s desire to influence the judiciary and the independent role judges are meant to play. Barrett’s refusal to consistently bend to Trump’s will, even after receiving a lifetime appointment from him, is apparently interpreted as a betrayal.… Continue reading

Trump Lashes Out at Supreme Court Justices He Appointed

President Trump has privately criticized several Supreme Court justices he appointed, including Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh, for not sufficiently supporting his agenda. These complaints, spanning at least a year, stem from specific rulings and have been amplified by right-wing allies who deem Barrett particularly “weak.” While Trump publicly maintains respect for the Court, his behind-the-scenes frustration is fueled by perceived ideological inconsistencies in their decisions. Despite this criticism, Barrett consistently votes with the Court’s conservative bloc on many key issues.

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Supreme Court to Hear GOP Challenge to Mail-in Voting

The Supreme Court’s consideration of a GOP challenge to mail-in voting represents a significant threat to the accessibility and integrity of the electoral process. This challenge isn’t about a wholesale ban on mail-in voting, a system successfully used for years in several states, including Utah, a traditionally Republican stronghold. Instead, the focus is narrower, targeting the validity of ballots postmarked by the election deadline but arriving later.

The timing of this challenge is highly suspect, surfacing prominently after a presidential election loss. This raises questions about the sincerity of the GOP’s concerns. It appears to be a strategic maneuver aimed at suppressing votes, disproportionately affecting those who rely on mail-in ballots due to logistical barriers or circumstances beyond their control.… Continue reading