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U.S. troops may sue military contractors for their injuries, Supreme Court rules

The Supreme Court ruled Wednesday that U.S. troops may sue military contractors for their injuries, siding with a soldier who was badly injured when a Taliban operative working at the Bagram Airfield detonated a suicide bomb.

Five soldiers were killed and 17 were wounded, including 20-year-old Winston Henceley, who suffered a fractured skull and brain injuries and is permanently disabled.

In a 6-3 decision, the court ruled that neither federal law nor the Constitution shields military contractors if their mistakes or negligence result in solders being injured in a combat zone.

Justice Clarence Thomas wrote the court’s opinion for an unusual majority that included Justices Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Amy Coney Barrett and Ketanji Brown Jackson.

In the past, Thomas has objected to court precedents that prevented troops from suing the U.S. government for their injuries, including from medical practice.

And he said that rule should not be expanded to shield military contractors.

Justice Samuel A. Alito Jr. dissented, along with Chief Justice John G. Roberts and Justice Brett M. Kavanaugh.

“Because the Constitution gives the federal government exclusive authority over foreign affairs and the conduct of wars, federal law preempts all state law that substantially interferes with the Government’s exercise of those powers,” Alito wrote.

Hencely had tried to stop and question Ahmad Nayeb, an Afghan employee, as he walked toward soldiers who had gathered for a Veteran’s Day 5K race in 2016.

The Army concluded that Hencely’s intervention “likely prevented a far greater tragedy,” and its investigation concluded that the Fluor Corporation that had a contract to run operations at the base was primarily responsible for the attack.

The report said Fluor was negligent in hiring an Afghan who had been a Taliban operative, and it failed to closely supervise him.

But Henceley sued Fluor for his injuries; a federal judge in South Carolina and the 4th Circuit threw out his suit.

“During wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor’s engagement in such activities shall be preempted,” the 4th Circuit said.

The court agreed to hear his appeal and overturn the 4th Circuit, clearing his suit to proceed.

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.

He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.

What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.”

Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.

Civil libertarians say the new “digital dragnets” work in reverse.

“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.

But these new data scans can be effective in finding criminals.

Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”

Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.

The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.

Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal on April 27.

The justices agreed to decide whether geofence warrants violate the 4th Amendment.

The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.

This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.

Judges are deeply divided on how this fits with the 4th Amendment.

Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”

Chief Justice John Roberts poses for an official portrait at the Supreme Court building in 2022.

Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.

(Alex Wong / Getty Images)

Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.

The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.

Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”

Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.

“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.

He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.

Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.

Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.

Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.

Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.

The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.

After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.

The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.

That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”

The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.

By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.

The data confirmed Carpenter was nearby when four of the stores were robbed.

Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.

The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.

But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.

In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.

Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.

The justices will issue a decision by the end of June.

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Supreme Court rules for Chevron in Louisiana wetlands damage case

April 17 (UPI) — The Supreme Court ruled unanimously in favor of Chevron in a case related to damage to wetlands in Louisiana that dates to World War II.

The case was brought more than a decade ago and relates to damage allegedly done when Chevron’s corporate predecessors were refining aviation gas on behalf of the federal government during the war, Scotusblog and The Washington Post reported.

The 8-0 ruling sent the federal lawsuit back to a lower court in a move that could jeopardize a $745 million ruling against the company to restore the wetlands, as well as other similar cases with fossil fuel companies before courts in the United States.

Parishes in Louisiana filed the case with the help of state officials against oil and gas companies refining crude oil along the coast during the war, claiming that proper permits were never obtained for their work and that they had not followed “prudent industry practices.”

The previous decision on the $745 million ruling was made by a state court, which Chevron contended does not have the jurisdiction to rule because it was working under the auspices of the federal government.

After the state court judgement was handed down, the company’s lawyers asked the U.S. Supreme Court to move the case to a federal court, where it may be able to have the ruling thrown out.

U.S. President Donald Trump departs the White House en route to Davos, Switzerland on Wednesday. Photo by Olivier Douliery/UPI | License Photo

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Fuller wins Greene’s House seat; Taylor wins Wis. Supreme Court

April 8 (UPI) — Republican Clay Fuller has claimed victory in Marjorie Taylor Greene‘s former House seat as Democrat Chris Taylor won a seat on Wisconsin’s Supreme Court.

The two contests were closely watched Tuesday as voters in Georgia and Wisconsin cast ballots in races Democrats hoped would help them regain ground ahead of November’s midterms.

Fuller, a district attorney in northwest Georgia, had secured President Donald Trump‘s endorsement and ran on a platform supporting many of the president’s key priorities: an America First economy, mass deportations, conservatism founded on Christianity and being tough on crime.

The District 14 runoff between Fuller and Democrat Shawn Harris was held after neither candidate won a majority in the March 10 special election, when Fuller trailed Harris by about 2 points.

During his victory speech Tuesday night, the former U.S. Air Force lieutenant thanked Trump for elevating his campaign with his endorsement.

“So much of what the story has been when this race started and so much of what you’re going to hear from the fake news media is that President Trump doesn’t mean anything to Georgia 14 anymore,” he told supporters.

“Well, you can see with the results on March 10 and you can see the results of what we’re seeing here today that President Trump is the most critical factor in our election, and he has made sure that we were going to win. He made sure that he was the ultimate trump card.”

With all 10 localities reporting late Tuesday, Fuller had secured about 72,304 votes for nearly 56% of the vote share compared to Harris’ 57,000 votes for 44.1%, according to unofficial results from the office of Georgia’s secretary of state.

The district is solidly Republican, with Greene winning District 14 with about 64.4% of the vote in 2024, the same year Trump carried the state.

Harris framed Tuesday’s election loss as a victory in the fight against Trump during his speech Tuesday night, noting that he had cut the GOP margin in the district to far fewer votes than the more than 108,000-vote margin Greene had won by in 2024.

“Donald Trump came right here to Rome, Ga., and didn’t do a damn thing,” he told supporters.

“We have absolutely no fear because we have Democrats, independents and, yes, Republicans voting for us because they are ready for change.”

The District 14 seat became available after Greene, a firebrand politician and former staunch Trump supporter, resigned in November as she sparred with the president, whom she accuses of distancing himself from his America First policies.

Harris had campaigned on supporting farmers, protecting SNAP benefits, defending Medicaid and Medicare, cutting the cost of living and fixing the U.S. immigration system.

The American Israel Public Affairs Committee, the U.S.-based pro-Israel lobby, congratulated Fuller on his victory.

“Fuller replaces Marjorie Taylor Greene, whose tenure was marked by repeated efforts to undermine the U.S.-Israel relationship and disparage millions of pro-Israel Americans engaged in the democratic process,” AIPAC said in a statement.

Georgia Gov. Brian Kemp, a Republican, also congratulated Fuller.

“I was proud to have appointed Clay as District Attorney and even more proud to now see him take that same fighting spirit to Congress,” Kemp said online.

“Keep Chopping, Clay!”

In Wisconsin, Taylor, a Democrat-backed appeals judge, claimed victory in a seat on the state’s Supreme Court left vacant by retiring conservative Justice Rebecca Bradley.

“Tonight, the people of Wisconsin stood up for our rights and freedoms, our democracy, our elections and a strong state Supreme Court that will protect the independence of our beloved state,” she said in her victory speech Tuesday night in Madison, Wis.

“Once again, Wisconsin showed the entire nation that we believe that the people should be at the center of government and the priority of our judiciary — not the billionaires, not the most powerful and privileged, but the people.”

With Taylor’s victory over Maria Lazar, a Republican-backed appeals judge, Wisconsin’s Supreme Court tilts even more heavily to the left, now with a 5-2 liberal majority.

During her speech, Taylor said Lazar had called her to concede the race.

Lazar confirmed the phone call in her own speech before supporters in Pewaukee on Tuesday night.

“I think that this race was run so that people in this state from now on will know that judicial races are not political races, and the next race and the next race and the next race we will keep fighting to put judges — good, talented judges with experience — on the bench and we will not take that status quo,” she said.

Justices serve a 10-year term on the bench, with no term limits.

Voters on Tuesday cast ballots to fill a state Supreme Court seat left vacant by retiring conservative Justice Rebecca Bradley.

Last year, Democrat-endorsed Susan Crawford was elected to the court despite Elon Musk pouring millions into the race.

Democratic gubernatorial candidate and State Rep. Francesca Hong congratulated Taylor on her victory.

“Wisconsinites voted for a Supreme Court that will protect their rights and freedoms,” she said on social media.

“This shows voters are ready for leadership that represents our state motto — Forward.”

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Democrats hope to increase liberal control of battleground Wisconsin’s Supreme Court

Democrats hoped to increase liberal control of the state Supreme Court in Wisconsin on Tuesday in an election that has focused largely on abortion rights as cases affecting congressional redistricting, union rights and other hot button issues also await in the perennial battleground state.

This year’s Supreme Court election stands in stark contrast to the swing state’s previous two, where national spending records were set in battles over majority control. Spending and national attention is down dramatically this year without control of the court at stake.

Democrats are looking to tighten their control of the court just months before a November election in which they seek to keep the governor’s office and flip the state Legislature, where Republicans have held the majority since 2011. Democrats aspire to undo a host of Republican-enacted laws that made Wisconsin a focal point for the nation’s conservative movement in the 2010s.

In Tuesday’s Supreme Court race, Democratic-backed Chris Taylor, a former state lawmaker who also worked for Planned Parenthood, faces Republican-supported Maria Lazar. Both Taylor and Lazar are state Appeals Court judges.

Liberals would increase their majority on the court to 5-2 from 4-3 with a Taylor win. That would lock in the liberal majority until at least 2030.

Liberals took control of the state’s top court in 2023, ending 15 years under a conservative majority. They held onto their majority with last year’s victory in a race that drew involvement from President Trump and billionaires George Soros and Elon Musk, who personally handed out $1 million checks to voters in the state.

Liberals argued that democracy was at stake in the 2025 election, noting that when the court was controlled by conservative justices in 2020 it came just one vote shy of siding with Trump in his attempt to invalidate enough votes to overturn his loss in that year’s presidential election.

Since liberals took control, the court has reversed several election-related rulings, including one that overturned a ban on absentee ballot drop boxes, and it is poised to once again be in the spotlight around the 2028 presidential election.

Races for the court are officially nonpartisan, but support for candidates breaks down mostly along partisan lines.

Taylor has focused much of her campaign on abortion rights, with one TV ad saying that “abortion is on the ballot.” In another ad, she criticized Lazar for calling the U.S. Supreme Court’s overturning of Roe v. Wade in 2022 “very wise.”

Lazar, who was supported by anti-abortion groups in her run for the appeals court, tried to brand Taylor as nothing more than a politician who will push a partisan agenda on the court.

They sparred over each other’s partisanship during the campaign’s sole debate last week.

Lazar accused Taylor of being a “radical, extreme legislator” and a “judicial activist.” Taylor said that Lazar would bring “an extreme, right-wing political agenda to the bench.”

Lazar has had a much harder time getting her message out. Taylor had a large fundraising advantage and spent about nine times as much as Lazar on television ads, based on a tally by the Brennan Center for Justice.

The liberal-controlled court has already struck down a state law banning abortion and ordered new legislative maps, fueling Democrats’ hopes of capturing a majority this November.

Taylor has been a judge since 2020 and before that she spent 10 years as a Democrat representing the liberal capital city of Madison in the state Assembly.

Lazar, a judge since 2015, previously worked four years under a Republican attorney general in the state Department of Justice. In that role, she defended a law enacted under former Republican Gov. Scott Walker that effectively ended collective bargaining for most public workers.

A circuit court judge ruled in December that the law is unconstitutional, a decision expected to ultimately land before the state Supreme Court.

Lazar also defended laws passed by Republicans and signed by Walker implementing a voter ID requirement and restricting abortion access.

Democrats are optimistic given the past two Supreme Court elections, which saw candidates they backed winning by double digits.

The seat is open due to the retirement of a conservative justice. Another conservative justice is retiring next year, giving liberals a chance to take 6-1 control of the court if they win on Tuesday.

Bauer writes for the Associated Press.

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Steve Bannon wins Supreme Court order likely to lead to dismissal of contempt of Congress conviction

Steve Bannon, a longtime ally of President Trump, on Monday won a Supreme Court order that is expected to lead to the dismissal of his criminal conviction for refusing to testify to Congress.

Prodded by the Trump administration, the justices threw out an appellate ruling upholding Bannon’s conviction for defying a subpoena from the House committee that investigated the Jan. 6, 2021, attack by a mob of Trump supporters on the U.S. Capitol.

The move frees a trial judge to act on the Republican administration’s pending request to dismiss Bannon’s conviction and indictment “in the interests of justice.”

The dismissal would be largely symbolic. Bannon served a four-month prison term after a jury convicted him of contempt of Congress in 2022. A federal appeals court in Washington had upheld the conviction.

The justices also issued a similar order in the case of former Cincinnati Councilman P.G. Sittenfeld, who was pardoned by Trump last year.

Sittenfeld had served 16 months in federal prison after a jury convicted him of bribery and attempted extortion in 2022. The high court order allows a lower court to consider dismissing his indictment.

The Justice Department brought the case against Bannon during Democrat Joe Biden’s presidency, but it changed course after Trump took office again last year.

Bannon had initially argued that his testimony was protected by Trump’s claim of executive privilege. But the House panel and the Justice Department contended such a claim was dubious because Trump had fired Bannon from the White House in 2017 and Bannon was thus a private citizen when he was consulting with the then-president in the run-up to the Capitol riot.

Bannon separately has pleaded guilty in a New York state court to defrauding donors to a private effort to build a wall on the U.S. southern border, as part of a plea deal that allowed him to avoid jail time. That conviction is unaffected by the Supreme Court action.

Sherman writes for the Associated Press.

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Justice Alito fell ill at a March event and was treated for dehydration, Supreme Court says

Supreme Court Justice Samuel A. Alito Jr. fell ill at an event in Philadelphia last month and was treated for dehydration before returning home to suburban Washington, the court’s spokeswoman said Friday.

Alito’s illness did not require an overnight hospital stay and he was back on the bench the following Monday, spokeswoman Patricia McCabe said in a statement.

Alito was an active questioner during arguments that day in an important case about mailed ballots and participated in all the court’s hearings over the ensuing two weeks.

Alito, who turned 76 on Wednesday, is the second-oldest member of the court, after 77-year-old Justice Clarence Thomas.

The episode was first reported by CNN, which also said the treatment was administered at a Philadelphia hospital. The court did not say where Alito had been taken.

The incident is the latest example of the justices’ reticence to discuss their health, at least until the news somehow leaks.

In 2020, the court confirmed that Chief Justice John G. Roberts Jr. had spent a night in the hospital after a fall that required stitches in his forehead, only after the Washington Post reported it first.

Alito was driven by his security detail from Washington to what CNN said was a dinner following a Federalist Society panel that looked at his 20 years on the court.

When he didn’t feel well in the evening, “he agreed with his security detail’s recommendation to see a physician before the three-hour drive home” to northern Virginia, McCabe said. He was given fluids for dehydration, she said.

While the justice has not said anything about retirement, speculation has swirled that Alito might soon step down, which would give President Trump the chance to appoint a fourth justice, after the three who were confirmed during his first term.

While Alito is young by Supreme Court standards, he might not want to stay around and gamble on the possibility of Democrats flipping the Senate in the November elections and seeing a Democrat capture the White House two years later.

Retiring in the summer would allow Trump to name a similarly conservative but much younger replacement who would almost certainly win confirmation from the Republican-led Senate.

Sherman writes for the Associated Press.

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Supreme Court Justice Samuel Alito hospitalized last month

Supreme Court Justice Samuel Alito and his wife, Martha Bomgardner, attend inauguration ceremonies in Washington, D.C., on Jan. 20, 2025. Pool photo by Chip Somodevilla/UPI | License Photo

April 3 (UPI) — Supreme Court Justice Samuel Alito was taken to a Philadelphia hospital after a Federalist Society dinner in his honor last month, the court confirmed Friday.

Alito “felt ill during an event in Philadelphia” on March 20, a Supreme Court spokesperson said in a statement to the media.

“Out of an abundance of caution, he agreed with his security detail’s recommendation to see a physician before the three-hour drive home,” spokeswoman Patricia McCabe said. “After that examination and the administration of fluids for dehydration, he returned home that night, as previously planned. Justice Alito was thoroughly checked by his own physician, and he returned to work the following Monday for oral argument.”

Alito, 76, is the court’s second-oldest justice. He was nominated by President George W. Bush in 2005.

Sources told ABC News that those who saw him at the event said he looked tired and was not as engaging as usual. They said he stayed seated when people came by to greet him during the dinner.

The dinner capped off a daylong symposium by the society titled, “An Examination of the Jurisprudence of Samuel Alito,” which featured several of his former law clerks, law professors and attorneys who practice before the court. It was at the University of Pennsylvania law school.

Alito was not there during the day, as he was driving from Washington. The court was in session to hand down opinions, but Alito was on the road.

President Donald Trump delivers a prime-time address to the nation from the Cross Hall in the White House on Wednesday. President Trump used the address to update the public on the month-long war in Iran. Pool photo by Alex Brandon/UPI | License Photo

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Hundreds rally outside Supreme Court to defend birthright citizenship against Trump’s executive order

Inside the Supreme Court, as justices heard oral arguments in the case over birthright citizenship, President Trump became the first sitting president to attend such a proceeding.

Outside the court, the great-grandson of Wong Kim Ark — the San Francisco man whose landmark Supreme Court case affirmed birthright citizenship in 1898 — addressed a crowd of hundreds of people.

“Wong Kim Ark’s victory ensured that people like me and millions of others would be recognized as fully American, not outsiders in the country of our birth,” said Norman Wong. “This case transformed the 14th Amendment from words on paper into living promise. Today, that promise is still being tested.”

Surrounded by protesters in favor of birthright citizenship was a lone counter-protester. The woman, who wore a red baseball cap and a sweatshirt stating “Chicago flips red,” yelled into a megaphone as speakers addressed the crowd.

“Freedmen stand with Donald Trump,” she said as the Rev. William Barber II spoke. “America first. Americans first.”

The Rev. William Barber II speaks during a rally on protecting birthright citizenship outside the Supreme Court on Wednesday.

The Rev. William Barber II speaks during a rally on protecting birthright citizenship outside the Supreme Court on Wednesday.

(Al Drago / Getty Images)

Undaunted, Barber noted that the 14th Amendment, ratified in 1868, makes clear that anyone born in the U.S. is a citizen.

“The 14th Amendment protects babies from a caste system,” Barber said. “They didn’t allow evil in 1868, and we’re not going to allow evil in 2026.”

“Stop lying, pastor,” the woman taunted him.

After Barber finished his remarks, the woman was drowned out by Aretha Franklin’s “Respect” playing over the speakers.

Inside the building, justices heard arguments over a Trump executive order which aimed to end birthright citizenship. The administration has argued that children born of parents who are in the country illegally or temporary visas should be denied citizenship.

A man from Cameroon said he chose to speak out because he doesn’t want future generations to become stateless and feel what he has felt. The man said he had been authorized to work in the United States Temporary Protected Status until the Trump administration terminated it last year.

“I know what it feels like to have your sense of belonging taken from you overnight,” he said.

Nancy Jeannechild, 69, traveled from Baltimore with a handwritten sign asking the justices to “Do your job.” She said Trump has amassed too much power and that the Supreme Court hasn’t stood up to him enough.

“This is another opportunity for them to do the right thing, and I hope that they will,” she said. “Just because Trump doesn’t like it doesn’t mean it’s not what’s in the Constitution.”

Araceli Hernandez, 29, attended the rally with her 1-year-old son. She said she immigrated from Honduras five years ago and that her son being born here means he has better opportunities to study, access to healthcare and a safe environment to live in.

“We came to represent the children who are not yet born because they also have a right to have a better future in this country,” she said.

Sen. Alex Padilla (D-Calif.) said he was confident birthright citizenship would prevail because the Constitution is clear. The fight is personal, he said, as the a proud American and son of immigrants.

“The moment I was born on U.S. soil I was born a citizen, and I’ll be damned if Donald Trump tries to take that away from me,” he said. “What’s on the line isn’t just a question about citizenship — it is about upholding the Constitution, respecting the rule of law and keeping the promise that the 14th Amendment has held for more than 150 years.”

After the arguments wrapped up, Cecilia Wang, who led the defense of birthright citizenship for the American Civil Liberties Union, addressed the crowd. She said she was confident that the Trump administration would lose the case.

“Whether you’re an indigenous American, whether you are descended from African Americans who were enslaved and free, whether you are the descendant of someone who came on the Mayflower or someone who arrived just before your birth, we all are Americans alike,” she said. “That is the principle that we stood up for together, all of us, in the Supreme Court of the United States today.”

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Trump arrives at Supreme Court to attend birthright citizenship arguments

President Trump on Wednesday became the first sitting president to attend oral arguments at the Supreme Court, inserting himself directly into a high-stakes legal battle over one of the most consequential orders of his administration.

Trump arrived at the court Wednesday morning by limousine for arguments over whether the president has the authority to effectively rewrite the Constitution by ending birthright citizenship for children born in the United States to parents who are in the country unlawfully or temporarily.

In the run-up to Wednesday’s arguments, Trump suggested that Supreme Court justices appointed by Republicans who have ruled against his agenda are “so stupid.”

“Some people would call it stupidity; some people will call it disloyal,” Trump told reporters in the Oval Office on Tuesday.

“Dumb Judges and Justices will not a great Country make!” the president wrote on Truth Social on Monday.

The unprecedented appearance highlights how high Trump believes the stakes are, according to Adam Winkler, a constitutional law professor at UCLA.

“It’s not clear why Trump is attending,” Winkler said. “Maybe he is just interested in the unusual drama of a Supreme Court argument. Or perhaps he is trying to intimidate the justices, like the scene in ‘The Godfather Part II’ where the mob boss shows up at a hearing to scare the witness into recanting his testimony.”

Regardless, Trump’s presence probably won’t change any minds on the bench, Winkler said.

The justices prize their independence, including many who share Trump’s judicial philosophy. Still, it will likely change the mood, Winkler said — most hearings are quiet and academic.

The birthright citizenship order, which Trump signed on the first day of his second term, is a keystone of his administration’s broad immigration crackdown.

Trump has framed the policy as a necessary step to curb what he describes as abuse of the immigration system.

“Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America. It is about the BABIES OF SLAVES!”

Every lower court that has considered the issue has found the order illegal and prevented it from taking effect. A definitive ruling by the nation’s highest court is expected by early summer.

This is a developing story and will be updated.

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Supreme Court weighs Trump’s bid to end birthright citizenship

The Supreme Court on Wednesday will hear President Trump’s claim that he has the power to revise the Constitution and to end birthright citizenship for babies born in this country to parents who were here unlawfully or temporarily.

Trump proposed this potentially far-reaching change in an executive order. It has been blocked by judges across the country and has never been in effect.

His lawyers contend they seek to correct a 160-year misunderstanding about the Constitution’s promise that “all persons born” in this country are deemed to be citizens.

The president’s executive order “restores the original meaning of the citizenship clause” and would deny “on a prospective basis only” citizenship to the “children of temporarily present aliens and illegal aliens,” Solicitor Gen. D. John Sauer wrote in his appeal.

But the first hurdle for Trump and his lawyers may concern the powers of the president.

In February, the court blocked Trump’s sweeping worldwide tariffs on the grounds the Constitution gave Congress, not the president, the power to impose import taxes.

By comparison, the president has even less power to set the rules for U.S. citizenship. The Constitution gives Congress the power to “establish a uniform rule of naturalization.”

After the Civil War, Congress adopted a civil rights act in 1866 that said “all persons born in the United States and not subject to any foreign power, including Indians not taxed, are hereby declared to be citizens of the United States … of every race and color.”

To make sure that rule stood over time, it was added to the Constitution in the 14th Amendment. Its opening line says: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside.”

In 1898, a conservative Supreme Court upheld that rule and affirmed the citizenship of Wong Kim Ark. He was born in San Francisco to Chinese parents who later returned to China.

“The 14th Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory,” the court said. “In clear words and in manifest intent, [it] includes the children born, within the territory of the United States, of all other persons, of whatever race or color.”

In 1952, when Congress revised the immigration laws, it added the same provision without controversy. Lawmakers set multiple rules for deciding disputes over American parents who live abroad, but the first rule was simple and undisputed.

“The following shall be nationals and citizens of the United States at birth: a person born in the United States and subject to the jurisdiction thereof,” the law said.

Critics say Trump’s plan could replace a clear and simple rule with a confusing and complicated one. States would have to look into the history and legal status of a newborn’s parents to decide whether they met the new qualifications.

Until now, a valid birth certificate had been sufficient to establish a person’s U.S. citizenship.

Last week, Trump was urging Senate Republicans to pass a new election law that would require millions of Americans to present a birth certificate as proof of their citizenship if they register to vote or move to a new state.

“Proving citizenship to vote is a no brainer,” the White House said.

This week, however, Trump’s lawyers are urging the court to rule that their birth in this country is not proof of their citizenship.

There is a “logical inconsistency” here,” said Eliza Sweren-Becker, a voting rights expert at the Brennan Center.

In the legal battle now before the court, the key disputed phrase is “subject to the jurisdiction.” That has been understood to mean that people within the United States are subject to the laws here, except for foreign diplomats and, for a time, Native Americans who lived on tribal reservations.

But Sauer contends it excludes newborns who are “not completely subject to the United States’ political jurisdiction” because their parents are in this country unlawfully.

Lawyers for the American Civil Liberties Union called this a “radical rewriting” of the 14th Amendment, which says nothing about the parents of a newborn child.

If upheld, this order could apply to “tens of thousands of children born every month, “ they said, “devastating families around the country.” But worse yet, they said, the outcome “would cast a shadow over the citizenship of millions upon millions of Americans, going back generations.”

Some legal experts predict the court may rule narrowly and reject Trump’s executive order because it conflicts with federal immigration laws. Such a ruling would be a defeat for Trump, but it could allow Congress in the future to adopt new provisions, including a limit for expectant mothers who enter this country to give birth.

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Supreme Court to hear arguments in birthright citzenship case

April 1 (UPI) — The U.S. Supreme Court is hearing oral arguments in a case on Wednesday that could reshape what it means to be a U.S. citizen.

The case, Trump vs. Barbara, is over President Donald Trump‘s Jan. 20, 2025, executive order “Protecting the meaning and value of American citizenship,” which seeks to change the application of the Citizenship Clause, ending birthright citizenship.

In his executive order, Trump argued that the 14th Amendment of the U.S. Constitution “has never been interpreted to extend citizenship universally to everyone born within the United States.”

The law of the land, as it has been recognized since the ratification of the 14th Amendment in 1868, has been that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump’s executive order remains blocked from taking effect, with lower courts affirming that his attempt to end birthright citizenship is unconstitutional. In December, the Supreme Court agreed to take up the case, beginning with oral arguments starting on Wednesday.

U.S. Solicitor General John Sauer will argue on behalf of the Trump administration.

“If the Trump executive order is upheld, it would mark an enormous change in how the United States understands who is a citizen and who is not,” Kate Masur, John D. MacArthur Professor of History at Northwestern University, told UPI.

Masur filed an amicus brief supporting a challenge to Trump’s executive order.

“There’s certainly never been a president who issued an executive order trying to undermine birthright citizenship in this way,” Masur said. “Congress has repeatedly, through legislation, affirmed birthright citizenship and the Supreme Court has also affirmed birthright citizenship.”

The Trump administration’s argument against birthright citizenship hinges on its interpretation of the term “jurisdiction” in the context of the clause “subject to the jurisdiction thereof.”

In an amicus brief by Sen. Ted Cruz, R-Texas, Sen. Lindsey Graham, R-S.C., and other Republican lawmakers, they contest that the authors of the 14th Amendment could have written “subject to the laws.” Instead, the use of the term “jurisdiction” requires “allegiance” to the United States.

“Allegiance is also a reciprocal relationship. The person must be present with the consent of the sovereign, a factor on which this Court extensively relied in United States v. Wong Kim Ark,” the Republican lawmakers argue. “But illegal aliens and their children are present in the United States without consent, i.e., only by defying its laws.”

The lawmakers also argue that their interpretation of total allegiance looks to “early English caselaw.”

The challenges to birthright citizenship by Republicans are not new, Masur said.

The Wong Kim Ark case that the Republican lawmakers referred to affirmed birthright citizenship under the 14th Amendment. The case was brought on when the U.S. government denied the son of Chinese Immigrants, Wong Kim Ark, re-entry into the United States.

Ark, who was born in San Francisco, had taken a trip to China and was detained upon his return to the United States. The case took place in 1898, more than a decade after the passage of the Chinese Exclusion Act, which prohibited Chinese workers from seeking citizenship in the United States.

Since Wong Kim Ark, there have continued to be opponents of birthright citizenship, though the immigrant groups their movements targeted have changed. Since the 1990s, immigrants from Spanish-speaking countries have largely been the central focus of those seeking to end birthright citizenship.

Former Sen. Steve King, R-Iowa, repeatedly introduced legislation on Capitol Hill trying to end birthright citizenship. His most recent effort was in 2015. In 2019, King was removed from all committee assignments after defending white supremacy and white nationalism, following years of racist comments throughout his 17-year career.

“The thing that these movements have in common over time is their desire to limit who among people born in the United States gets to be a citizen,” Masur said. “Usually it is driven by various anti-immigrant sentiments.”

Daisy Hernandez, author of Citizenship: Notes on an American Myth, told UPI that there are modern examples of what happens when birthright citizenship is taken away.

The Dominican Republic amended its constitution in 2010 to remove birthright citizenship for Haitians in the country. In 2013, it made the law retroactive to 1929, removing the citizenship of an estimated 200,000 people overnight.

“That is an example of what would happen in the United States. However, for us it would happen in terms of millions of people,” Hernandez said.

Children of immigrants who have their citizenship revoked become stateless, Hernandez explained. With no country to call home, they are left adrift without the right to exist anywhere.

“Statelessness means that you have no government which you can turn to in any way,” she said. “It means you do not have any documentation of any kind. You don’t have documentation that you have a right to be anywhere. The philosopher Hannah Arendt said ‘citizenship is the right to have rights.’ You need a government to recognize that you have rights.”

There are more than 4 million children in the United States who have parents who are undocumented immigrants.

If Trump’s executive order is allowed to stand by the Supreme Court, Hernandez and Masur said the United States could return to an era of the 19th century when citizenship varied from state to state.

“It is really jarring to remember once upon a time certain states within the United States recognized the citizenship and humanity of Black Americans and we had other states that did not,” Hernandez said. “So are we going to end up in a situation where a child born to an undocumented parent is recognized as a citizen as long as they stay within the state of New York or of Massachusetts but would then become stateless if they crossed into Connecticut or further south or further west?”

Most countries in the Western Hemisphere recognize birthright citizenship. The Dominican Republic and Colombia are rare exceptions.

“We have always understood being American as being very closely tied with birthright citizenship,” Hernandez said. “It would be a collapse of how we understand American identity in the United States.”

President Donald Trump stands with U.S. Secretary of Agriculture Brooke Rollins during an event celebrating farmers on the South Lawn of the White House on Friday. Photo by Aaron Schwartz/UPI | License Photo

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Supreme Court lifts state bans on ‘conversion therapy’ on free speech grounds

The Supreme Court ruled Tuesday that state laws forbidding “conversion therapy” for minors may violate the free speech rights of licensed counselors.

The 1st Amendment ruling is likely to undercut similar laws in California and 23 other states.

In an 8-1 decision, the justices said Colorado’s ban on “talk therapy” may prevent Christian counselors from helping teens work through their feelings about sexual attractions or their gender identity.

State lawmakers passed the new measures in response to healthcare professionals who said that efforts to change a teenager’s sexual orientation were both ineffective and harmful.

Kaley Chiles, a licensed counselor in Colorado Springs, sued and argued the state’s law violated her rights to free speech and the free exercise of religion.

She said she does not seek to “cure” young clients of same-sex attractions or to “change” their sexual orientation. Instead, she said she is guided by their goals.

“As a talk therapist, all Ms. Chiles does is speak with clients; she does not prescribe medication, use medical devices or employ any physical methods,” Justice Neil M. Gorsuch said for the court.

But she could run afoul of the state’s law because she said she may help some of her clients “reduce or eliminate unwanted sexual attractions or change sexual behaviors.”

If so, the law “censors speech based on viewpoint” and is therefore unconstitutional, he said.

“Colorado may regard its policy as essential to public health and safety. But the 1st Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Gorsuch wrote.

Justice Ketanji Brown Jackson dissented alone in a 35-page opinion. She said the issue was one of regulating medical practice.

“The 1st Amendment cares about government efforts to suppress ‘speech as speech’ (based on its expressive content), not laws, like [Colorado’s] that restrict speech incidentally, due to the government’s traditional, garden-variety regulation of such speakers’ professional conduct,” Jackson wrote. “States have traditionally regulated the provision of medical care through licensing schemes and malpractice regimes without constitutional incident.” she continued.

The Trevor Project, a crisis intervention organization for LGBTQ+ young people, condemned the ruling.

“The Supreme Court’s decision to treat the dangerous practice of conversion therapy as constitutionally protected speech is a tragic step backward for our country that will put young lives at risk. These efforts, no matter what proponents call them, no matter what any court says, are still proven to cause lasting psychological harm,” Chief Executive Jaymes Black said in a statement.

The conservative First Liberty Institute called the ruling a “great victory for religious liberty.”

“Americans should never have their professional speech censored simply because the government disfavors that speech,” said Kelly Shackelford, the group’s president.

The ruling is the third significant defeat for LGBTQ+ rights advocates in the last year.

The conservative majority upheld state laws that prohibit puberty blockers and other “gender affirming” care for minors. And last month, the justices said parents in California have a right to know about their child’s gender identity at school.

They said California’s student privacy policy violated parents’ rights, including the free exercise of religion.

The Alliance Defending Freedom appealed her case to the Supreme Court and described her as “a practicing Christian [who] believes that people flourish when they live consistently with God’s design.”

Her clients “seek her counsel precisely because they believe that their faith and their relationship with God establishes the foundation upon which to understand their identity and desires,” they said. “But Colorado bans these consensual conversations based on the viewpoints they express.”

The state law defines “conversion therapy” as “any practice or treatment by a licensee that attempts or purports to change an individual’s sexual orientation or gender identity, including efforts to … eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.”

Violators may be fined up to $5,000, but no one had been fined, the state says.

The challengers had lost in the lower courts.

A federal judge and the 10th Circuit Court of Appeals in Denver rejected the free speech claim. By a 2-1 vote, the appeals court said the state law was not a ban on free expression. Rather, it regulated the conduct of licensed medical professionals. States have the authority to regulate the practice of medicine.

In their appeal to the high court, lawyers for Chiles said the state was “censoring” voluntary conversations and forbidding speech on only one side of a controversy.

The Trump administration supported the 1st Amendment challenge because the state seeks “to suppress a disfavored viewpoint.”

In response, the state said its law “safeguards public health” by prohibiting “a discredited practice” that was shown to be harmful. It stressed the law regulates licensed professionals only and does not extend to religious ministers or others who provide private counseling to young people.

In 2012, California was the first state to ban licensed counselors from using conversion therapy for minors.

Then-Gov. Jerry Brown said these “change” therapies “have no basis in science or medicine and they will now be relegated to the dustbin of quackery.”

Equality California condemned the court’s ruling and said it “has weakened the ability of state licensing boards to intervene if clinicians use unproven, misleading, or coercive techniques.”

The group urged support for a pending bill in Sacramento that would “extend the statute of limitations for survivors to pursue civil claims against licensed mental health providers who subjected them to these harmful practices.”

Tuesday’s ruling was also criticized for undercutting state regulations of medical practice a year after taking the opposite view in a Tennessee case.

In June 2025, the court in a 6-3 decision upheld laws in Tennessee and 24 other red states that prohibit “gender affirming” puberty blockers and hormone treatments for minors.

The majority said then it was deferring to the state and their lawmakers who decided to prohibit such medical treatments for minors.

But in the Colorado case, the court majority did not defer to the state’s judgment that conversion therapy was harmful and potentially dangerous.

The decision is also the third victory for the Arizona-based Alliance Defending Freedom in its free speech challenges to Colorado laws. A maker of custom wedding cakes and the designer of websites won suits seeking an exemption from the state law that required them to provide equal service for same-sex weddings.

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‘Tiger King’: Supreme Court denies Joe Exotic a new trial

1 of 2 | Joseph Allen Maldonado-Passage, better known by his stage name “Joe Exotic,” poses with a tiger. He appeared in Netflix’s “Tiger King.” He requested a new trial for his murder-for-hire plot against animal rights activist Carole Baskin but was denied. Photo courtesy of Netflix

March 30 (UPI) — The Supreme Court on Monday denied an appeal from Joe Exotic, the former Tiger King star who is serving time for trying to have an animal rights activist killed.

The court declined to consider tossing the 2019 conviction of Joe Exotic for a murder-for-hire plot to kill animal rights activist Carole Baskin. Joe Exotic, whose real name is Joseph Maldonado-Passage, is serving 21 years for the plot. He was also convicted of falsifying wildlife records and violating the Endangered Species Act.

Baskin was also part of the Tiger King series. She founded Florida rescue center Big Cat Rescue and was an advocate of the Big Cat Public Safety Act, which limited owning big cats and cross-breeds to wildlife sanctuaries, state universities and certified zoos. Former President Joe Biden signed the law in 2022.

Maldonado-Passage’s lawyer, Alexander Roots, told the court that the case arose out of an “intense personal, litigation, operational, and even political, rivalry between two of America’s two largest big cat exhibitors,” The Hill reported.

“By denying any hearing and by refusing to evaluate the evidence as a whole, the lower courts departed from principles that safeguard every criminal prosecution in the nation,” he wrote in the petition to the court.

At the trial in 2019, prosecutors said Maldonado-Passage, 63, hired two men to kill Baskin, one of whom was an FBI agent. They also said he shot and killed five tigers in October 2017 and sold and offered to sell tiger cubs.

Maldonado-Passage has asked President Donald Trump for a pardon. He also asked Biden while he was in office.

In his feud with Baskin, Maldonado-Passage alleged without evidence that she killed her second husband, who disappeared in 1997, and he rebranded his traveling show Big Cat Rescue Entertainment, for which she sued him for trademark infringement. He settled with her for $1 million.

In his petition to the Supreme Court, Maldonado-Passage argued that the lower courts “shrugged off” evidence that three witnesses had recanted their trial testimony, including Allen Glover, a zoo employee and the other hired hitman, and Florida businessman James Garretson.

He also alleged federal prosecutors failed to tell the defense that the witnesses were promised immunity for testifying.

But the 10th U.S. Circuit Court of Appeals said the new evidence wasn’t likely to change the trial’s result.

In July, Bhagavan “Doc” Antle, 65, another Tiger King alum, was sentenced to federal prison for crimes related to trafficking exotic animals. He was given 12 months and one day, plus a $55,000 fine and three years of supervised release for violating the Lacey Act, which bans the sale of illegally acquired wildlife, fish or plants, including those designated as protected species by the federal government.

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Americans Are Electing a Supreme Court Too

John C. Yoo, a law professor at UC Berkeley, is a visiting scholar at the American Enterprise Institute and a former Bush administration Justice Department official.

His cancer surgery over the weekend reminds us that Chief Justice William Rehnquist, appointed to the Supreme Court by President Nixon, is not going to be on the court forever.

Neither is John Paul Stevens — a Ford appointee and, like Rehnquist, a World War II veteran. Nor is the third most senior justice, Sandra Day O’Connor, who has now served through six presidential terms.

Their successors will control national policy on the most sensitive and profound political questions of our day –abortion, race, religion and gay marriage. And that means that the most important domestic issue confronting a President Bush or a President Kerry will be his appointments to the Supreme Court.

The court’s current lineup hasn’t changed since 1994 — the longest period without a new justice since the Marshall court of the early 1800s. In the last century, by my calculations, justices on average retired when they were 71 years old after about 14 years on the court.

In 2005, Rehnquist will be 81 and will have served on the court for 33 years. Stevens will be 85 and will have served for 30 years. O’Connor will be 75 and will have served for 24 years. Others are not far behind: Justice Ruth Bader Ginsburg, a Clinton appointee, will be 72, with 12 years’ service. Justice Antonin Scalia and Justice Anthony Kennedy will be 69, with 19 and 17 years respectively. Only Justice Clarence Thomas will be below the age of 65.

Even one new justice could profoundly affect a court that is closely divided on important social issues. And two new justices could shift national policy dramatically.

Slim 5-4 majorities stand behind the decisions that have struck down prohibitions on partial-birth abortion, approved affirmative action programs in colleges and universities, allowed the use of vouchers at private religious schools and restricted use of the death penalty.

Only a one-vote margin has supported restricting Congress’ regulatory power in favor of the states, which affects anti-discrimination, criminal and environmental laws.

A 5-4 majority last term agreed that the nation was at war after the Sept. 11 attacks and that the president and Congress could authorize the detention of “enemy combatants” in the war on terror.

A 6-3 margin defends the basic right to abortion first recognized in Roe vs. Wade and the expansion of gay rights in Lawrence vs. Texas that has spurred efforts for a constitutional amendment to prohibit same-sex marriage.

With a closely divided Senate a certainty, Supreme Court confirmation hearings in the next four years could make the outrages of the Robert Bork and Clarence Thomas hearings look tame. And the filibuster, used by Democrats to block Bush’s lower-court nominees, may be only the beginning of procedural shenanigans.

Just how bloody a battle might be, however, depends on which justice resigns and which candidate wins. A Bush nominee replacing the reliably conservative Rehnquist wouldn’t change the court’s status quo or draw a massive fight. If John Kerry wins, however, his choice to replace Rehnquist would mean major change and, most likely, a knock-down, drag-out struggle.

A more politicized nomination and confirmation process is the Supreme Court’s own doing. Over the last half-century, it has arrogated power — weakening the role of states and even Congress — when it comes to many political and moral questions. The only way for interest groups and citizens to change policy on abortion, affirmative action or gay rights is to change the justices on the Supreme Court.

Despite bruising confirmation proceedings, however, history shows that it is the president who still makes the decisive choice when it comes to the court. In the last century, the Senate has confirmed 89% of the president’s nominees to the Supreme Court. Twelve of the last 14 nominees have taken their seats on the court.

Both candidates are well aware of the stakes, and both are certainly readying nominees. Kerry has said he would nominate a jurist who would protect abortion rights. According to the New York Times, Bush told donors that he expected to replace one justice shortly after his reelection and that he might be replacing as many as four in a second term. His role models for nominees, he has said, are Scalia and Thomas.

But either candidate could be surprised. Republican President Eisenhower chose Chief Justice Earl Warren and Justice William Brennan, whose late-blooming activist tendencies caused him to consider their appointments the biggest mistakes of his presidency. The first President Bush appointed David H. Souter, who has evolved toward the liberal end of the spectrum.

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Supreme Court makes it harder for music and movie makers to sue for copyright infringement

The Supreme Court made it harder for music and movie makers to sue for online piracy, ruling Wednesday that internet providers are usually not liable for copyright infringement even if they know their users are downloading copyrighted works.

In a 9-0 decision, the justices threw out Sony’s lawsuit and a $1-billion verdict against Cox Cable for copyright infringement.

Lower courts upheld a jury’s verdict against Cox’s internet service for contributing to music piracy, which the company did little to stop.

Sony’s lawyers pointed to hundreds of thousands of instances of Cox customers sharing copyrighted works. Put on notice, Cox did little stop it, they said.

But the high court said that is not enough to establish liability for copyright infringement.

“Under our precedents, a company is not liable as a copyright infringer for merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights,” Justice Clarence Thomas wrote for the court.

Two decades ago, the court sided with the music and motion picture producers and ruled against Grokster and Napster on the grounds their software was intended to share copyrighted music and movies.

But on Wednesday, the court said “contributory” copyright infringement did not extend to internet service providers based on the actions of some of their users

“Cox provided Internet service to its subscribers, but it did not intend for that service to be used to commit copyright infringement,” Thomas said. “Cox neither induced its users’ infringement nor provided a service tailored to infringement.”

In its defense, Cox argued that internet service providers could be bankrupted by huge lawsuits for copyright infringement, which they said they did not cause and could not prevent.

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Divided Supreme Court weighs the right to seek asylum at the southern border

The Trump administration urged the Supreme Court on Tuesday to rule that it may block migrants from applying for asylum at ports of entry along the southern border.

The administration’s lawyers argued that the right to asylum, which arose in response to Nazi Germany and the Holocaust, does not extend to those who are stopped just short of a border post in California, Arizona or Texas.

They pointed to part of the immigration law that says a non-citizen who “arrives in the United States … may apply for asylum.”

“You can’t arrive in the United States while you’re still standing in Mexico. That should be the end of this case,” Vivek Suri, a Justice Department attorney, told the court.

Immigration rights advocates called this claim “perverse” and illogical. They said such a rule would encourage migrants to cross the border illegally rather than present themselves legally at a border post.

The justices sounded divided and a bit uncertain over how to proceed. But the conservative majority is nonetheless likely to uphold the administration’s broad power over immigration enforcement.

Several of the justices noted, however, the Trump administration is not currently enforcing a “remain in Mexico” policy.

Liberal Justices Sonia Sotomayor and Ketanji Brown Jackson questioned why the court would make a major decision on immigration and asylum with no immediate, practical impact.

The case posed a fundamental clash between the government’s need to manage surges at the border and the moral and historic right to offer asylum to those fleeing persecution.

In 1939, more than 900 Jewish refugees who were fleeing Nazi Germany aboard the MS St. Louis were turned away by Cuba and the United States. They were forced to return to Europe and more than 250 of them died in the Holocaust.

The worldwide moral reckoning spurred many nations, including the United States, to adopt new laws which offer protection to those fleeing persecution.

In the Refugee Act of 1980, Congress said that non-citizens either “physically present in the United States” or “at a land border or port of entry” may apply for asylum.

To be eligible for asylum, a non-citizen had to demonstrate a well-founded fear of persecution in their home country due to their race, religion, nationality, membership in a particular social group, or political opinion.

Only a small percentage of applicants win their asylum claims, and only after years of litigation.

But faced with overwhelming surge of migrants, the Obama administration in 2016 adopted a “metering” policy that required people to wait on the Mexican side of the border.

The Trump and Biden administrations maintained such policies for a time.

Immigrant rights advocates sued, contending the metering policy was illegal. They won before a federal judge in San Diego who ruled the migrants had a right to claim asylum.

In a 2-1 decision, the 9th Circuit Court of Appeals agreed in 2024.

“To ‘arrive’ means ‘to reach a destination,’” Judge Michelle Friedland wrote for the appeals court. “A person who presents herself to an official at the border has ‘arrived.’”

The Trump administration appealed.

Solicitor Gen. D. John Sauer said the “ordinary meaning of ‘arrives in’ refers to entering a specific place, not just coming close to it. An alien who is stopped in Mexico does not arrive in the United States.”

On Tuesday, the Justice Department attorney said the court should reverse the 9th Circuit and uphold the government’s broad power to block migrants approaching the border.

“I can’t predict the next border surge,” Suri said.

“For more than 45 years, Congress has guaranteed people arriving at our borders the right to seek asylum, consistent with our international treaty obligations,” said Kelsi Corkran, Supreme Court director of the Institute for Constitutional Advocacy and Protection, who argued the case. “Yet this administration believes that Congress gave it discretion to completely ignore those requirements, and turn back those who are seeking refuge from persecution at its whim.”

“The people turned away at our border are fleeing rape, torture, kidnapping, and death threats. You cannot tell families running for their lives to go back and wait in danger because their suffering is inconvenient,” said Nicole Elizabeth Ramos, border rights project directo at Al Otro Lado which was the plaintiff in the case. “We brought this case because the United States made a legal and moral commitment to protect people fleeing persecution.”

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Californians may need to mail ballots early as Supreme Court signals support for new election day deadline

Californians may be forced to put their ballots in the mail well before election day to be certain they will be counted.

That’s the likely outcome of a Republican challenge to mail ballots that came before the Supreme Court on Monday.

The court’s six conservatives sounded ready to rule that federal law requires that ballots must be received by election day if they are to be counted as legal.

In the 19th century, Congress set a national day for federal elections on a Tuesday in early November, but it did not say how or when states would count their ballots. The Constitution leaves it to states to decide the “times, places and manners for holding elections.”

California and 13 other states count mail ballots that were cast before or on election day but arrive a few days late. And most states accept late ballots from members of the military who are stationed overseas.

By law, California counts mail ballots that arrive within seven days of election day. In 2024, more than 406,000 of these late-arriving ballots were counted in California, about 2.5% of the total.

Other Western states — Washington, Oregon, Nevada and Alaska — also count late-arriving mail ballots.

But President Trump has repeatedly claimed that voting by mail leads to fraud, and the Republican National Committee has gone to court to challenge the state laws that allow for counting the legally cast ballots of citizens which are postmarked on time but arrive late.

GOP lawyers argued that the phrase “election day” has always meant ballots must be in the hands of election officials on that day. In their questions and comments, all six conservatives agreed.

Justice Samuel A. Alito Jr. saw a real prospect of fraud. There could be “a big stash of ballots” that arrive late and “flip the outcome,” he said.

Democrats and election law experts say that the proposed new rule conflicts with more than a century of practice, because most states allowed for some people to vote by mail if they were traveling on election day. They argued that election day is like the federal tax day of April 15. While tax returns must be postmarked then, the tax returns are legal even if they arrive at the Internal Revenue Service a few days later.

The GOP filed its challenge in Mississippi, which accepts ballots that arrive up to five days after election day. A district judge rejected the claim, but a 5th Circuit Court panel with three Trump appointees ruled that ballots are illegal if they are not received by election day.

The case before the court is Watson vs. Republican National Committee.

California has been criticized for taking weeks to count all the votes, but that issue was not raised in this case.

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As Supreme Court hears mail ballot case, alarms are raised in far-flung Alaska

The tiny Alaska Native village of Beaver is about 40 minutes — by plane — from the nearest city. Its roughly 50 residents rely on weekday flights for mail and many of their basic supplies, including groceries and Amazon deliveries of everyday household items.

Air service plays an outsize role in the nation’s most expansive state, where most communities rely on flights for year-round access. Planes also play a crucial role in elections, getting voting materials and ballots to and from rural precincts such as Beaver and delivering ballots for thousands of Alaskans who vote by mail — some in places where in-person voting is not available.

The vast distances and relative isolation of so many communities make Alaska unique and are why its residents have a significant interest in arguments taking place Monday before the U.S. Supreme Court.

Many here worry that a case from Mississippi challenging whether ballots received after election day can be counted in federal elections could end Alaska’s practice of accepting late-arriving ballots. Alaska counts ballots if they are postmarked by election day and received within 10 days, or 15 days for overseas voters in general elections.

“These processes have been in place for a long time just to ensure that our ballots are counted,” said Rhonda Pitka, a poll worker and first chief in Beaver, which sits along the Yukon River 110 miles north of Fairbanks.

If the court decides ballots in all states must be received by election day, she said, “they’ll be disenfranchising thousands of people — thousands of people in these rural communities. It’s just basically saying that their votes don’t count, and that’s a real shame.”

The Supreme Court will hear arguments as the U.S. Senate is debating legislation being pushed by President Trump that would require people to show proof of citizenship to register to vote — an onerous burden for many — and a photo ID to cast a ballot.

Most Republicans argue that the bill is necessary to shore up voting integrity, but Democrats and voting rights advocates — and Alaska Republican U.S. Sen. Lisa Murkowski — contend that it amounts to voter suppression. Studies have consistently shown that voting fraud is exceedingly rare in the U.S., and courts have struck down similar measures after finding they prevented eligible voters from casting ballots.

Some ballots already arrive late

Alaska is one of 14 states that allow all mailed ballots postmarked by election day to arrive days or weeks later and be counted, according to the National Conference of State Legislatures and the Voting Rights Lab. An additional 15 provide grace periods for military and overseas ballots.

But Alaska’s geography, weather and great distances between communities — Alaska is more than twice the size of Texas, the nation’s second-largest state — raise the stakes for voters. The unusual way the state counts its votes also makes a grace period important, advocates say.

Under Alaska’s ranked-choice system for general elections, workers in small rural precincts call in voters’ first choices to a regional election office. All ballots, however, ultimately are flown to the state Division of Elections in the capital, Juneau. There, the races not won outright are tabulated to determine a winner.

Even with Alaska’s current 10-day grace period, ballots from some villages in 2022 were not fully counted because of mail delays. They arrived too late for tabulations in Juneau, 15 days after election day.

If the Supreme Court rules that ballots cannot be counted if they arrive at election offices after election day, many Alaska voters could be affected. About 50,000 Alaskans voted by mail in the 2024 presidential election.

“I think there’s probably no other state where this ruling could have a more detrimental impact than ours,” Murkowski, her state’s senior senator, said in an interview.

Murkowski sees the case — a challenge by the Republican National Committee and others to Mississippi’s allowance of late-arriving ballots — as an effort to end voting by mail nationwide.

‘Seeing a level of voter intimidation’

The RNC argues that such grace periods improperly extend elections for federal office, but Mississippi responded that no voting occurs after election day — only the delivery and counting of already completed ballots.

Taken together, Murkowski said, the Trump-backed voting bill and the Supreme Court case could discourage people from voting.

“I think we’re seeing a level of voter intimidation, I’ll just say it,” she said. “I feel very, very strongly that the effort that we should be making at the federal level is to do all that we can to make our elections accessible, fair and transparent for every lawful voter out there.”

Alaska’s other congressional members, Rep. Nick Begich and Sen. Dan Sullivan, both Republican allies of Trump who are seeking reelection this year, support the SAVE America Act now before the Senate. But they also said they want to ensure that ballots properly cast on or before election day get counted.

“We’ll see what the courts choose to do on that issue, but I do think that we need to allow for time for ballots to come in from the rural parts of our state,” Begich said during a recent visit to Juneau.

Alaska officials highlight challenges to the court

A court filing in the Mississippi case by Alaska Atty. Gen. Stephen Cox and Solicitor Gen. Jenna Lorence did not take sides but outlined geographic and logistical challenges to holding elections in Alaska.

In Atqasuk, on Alaska’s North Slope, poll workers counted votes on election night in 2024, tallies they would normally relay by phone to election division officials. But the filing said they could not get through and “chose what they saw as the next best solution — they placed the ballots and tally sheets into a secure package and mailed them to the Division, who did not receive them until nine days later.”

The filing seeks clarity from the Supreme Court, particularly around what it means for ballots to be received by election day.

While it is clear when a ballot is cast, “when certain ballots are actually ‘received’ is open to different interpretations, especially given the connectivity challenges for Alaska’s far-flung boroughs,” Cox and Lorence wrote.

Effect on Alaska Native voters

Lawyers with the Native American Rights Fund and Great Lakes Indigenous Law Center said in filings with the court that limited postal service in rural areas means that some ballots might not be postmarked until they reach Anchorage or Juneau, which can take days.

In the 2022 general election, between 55% and 78% of absentee ballots from the state House districts spanning from the Aleutian Islands up the western coast to the vast North Slope arrived at an election office after election day, they wrote. Statewide, about 20% of all absentee ballots in that election were received after election day.

Requiring ballots to be received by election day, they warned, would “disproportionately disenfranchise” Alaska Native voters. The lawyers represent the National Congress of American Indians, Native Vote Washington and the Alaska Federation of Natives.

Michelle Sparck, director of Get Out the Native Vote, a nonpartisan voting rights advocacy group affiliated with the Alaska Federation of Natives, worries about creating confusion and fear among voters.

She sees the case before the Supreme Court and the Republican SAVE Act as “a multipronged attempt to take control or wrest control of elections away from states.” Alaska, she said, already has enough inherent barriers for many voters.

“There is a minute record of election fraud — not at the rate that requires this heavy-handed response through the legislature and the Supreme Court,” she said.

Bohrer writes for the Associated Press.

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U.S. Supreme Court to consider mail-in ballot deadline case Monday

Supreme Court Chief Justice John Roberts, Supreme Court Justice Elena Kagan, Supreme Court Justice Brett Kavanaugh, and Supreme Court Justice Amy Coney Barrett listen as President Donald Trump delivers his State of the Union address during a joint session of Congress in the House Chamber at the U.S. Capitol in Washington, DC on February 24. Photo by Annabelle Gordon/UPI | License Photo

March 22 (UPI) — The U.S. Supreme Court is scheduled to hear Watson vs. Republican Nation Committee, a legal case that could have ramifications on mail-in balloting deadlines in the upcoming mid-term elections, on Monday.

About 30 percent of voters cast their ballots by mail in 2024.

CBS noted that 14 states and the District of Columbia have extended deadlines for counting mail-in ballots that are postmarked by Election Day.

Illinois, for instance, counts ballots received up to two weeks after Election Day, while California has a grace period of seven days.

This week’s case will look at whether extended deadlines violate federal statutes recognizing Election Day as a specific date.

“The longer the period over which the election is conducted, the greater the opportunity for and risk of fraud,” USA Today quoted conservative groups, backing the RNC’s attempt to count only ballots received by Election Day, as saying in the court filing.

Marc Elias, a Democratic elections attorney representing Vet Voices and the Alliance for Retired Americans, told the newspaper eliminating grace periods could disproportionately impact Democrats because they are more likely to vote by mail than Republicans.

“People are being stripped of their voting rights through no fault of their own,” Elias said, noting delays in the U.S. Postal Service might be one reason ballots don’t arrive at their local polling places until after Election Day.

The case will be heard as U.S. President Trump continues to pressure the Senate to pass the SAVE America Act, which would require those registering to vote to show proof of citizenship with passports or birth certificates.

“THE SAVE AMERICA ACT MUST BE PASSED BY THE SENATE. THERE IS NOTHING THAT IS MORE IMPORTANT FOR THE U.S.A. Voter I.D., Proof of Citizenship, etc. Get it done and watch all of the good things that will happen!!!” Trump wrote on X Friday.

A recent Harvard CAPS/Harris poll showed that 71 percent of voters support the SAVE Act.

Virginians cast their ballots at Walter Reed Recreation Center in Arlington, Va., on Election Day on November 4, 2025. Photo by Bonnie Cash/UPI | License Photo

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