Supreme

Supreme Court limits police use of cellphone data to find crime suspects

The Supreme Court cast doubt Monday on whether police may obtain cellphone data to find crime suspects.

In a 6-3 decision, the justices said this location data showing where a cellphone user has traveled is personal and private and subject to the protection of the 4th Amendment’s ban on unreasonable searches.

Justice Elena Kagan said these “records serve as a personal journal of a user’s movements.”

She said the data “resembles other private materials—think of emails, documents, photographs, or calendars—that even if stored on Google’s servers, a user reasonably views as his own…and reasonably expects to be shielded from the inquisitive eyes of the government.”

Because an “individual has a legitimate expectation of privacy in his cellphone location data,” she said police investigators need a valid search warrant from a magistrate.

The court stopped short of deciding the proper basis for a search warrant in such cases. Instead, the justices sent the case back to judges in Virginia.

But the outcome casts doubt on “geofence warrants.”

In recent years, police have gone to Google and cellphone companies seeking tracking data on cellphones that were at a crime scene. Some times, they have had a warrant from a magistrate.

Civil libertarians say the use of this tracking data raises the specter of mass surveillance on innocent people.

Police and government lawyers say no one has a reasonable right to privacy when they are walking on a sidewalk or driving down the street.

The case before the court arose from the armed robbery conviction of a Virginia man who stole $195,000 from a credit union in a small town near Richmond.

By the time police arrived, the robber had fled. But surveillance cameras showed he was carrying a gun and a cellphone.

Lacking other leads, detective Joshua Hilton asked a judge to issue a special type of warrant seeking information from Google.
Referred to as a “geofence warrant,” it seeks data from phones in a particular area at a particular time.

The detective sought data on phones that were within 150 yards of the credit union within one hour of the late afternoon robbery.

After examining and paring down the data, the detective asked for the phone records of Okello Chatrie. Then, with a search warrant of his home, investigators found two robbery-style demand notes, a semi-automatic pistol and about $100,000 in cash.

A judge refused to suppress the evidence from an allegedly unconstitutional “search”, and Chatrie entered a conditional guilty plea.
The full 4th Circuit Court of Appeals split evenly on the legality of the geofence warrant, and the Supreme Court agreed to decide the issue in Chatrie vs. U.S.

Usually investigators obtain warrants to search the home or vehicle of a known crime suspect.

The new and disputed geofence warrrants seek to find a suspect by examining data on the cellphones that were at the scene of a crime.

The FBI used this cellphone data in 2021 to identify suspects who broke through police barracks on Jan. 6, 2021, and pushed their way into the Capitol to disrupt the official counting of electoral votes.

Chief Justice John G. Roberts and Justices Sonia Sotomayor, Neil M. Gorsuch, Brett M. Kavanaugh and Ketanji Brown Jackson agreed on the outcome in Chatrie vs. U.S.

In a 21-page dissent, Justice Samuel A. Alito said the court had “carefully set the stage for its planned performance: striking a pose as a great champion of privacy in the digital age. I cannot support this irresponsible escapade.”

Justice Clarence Thomas agreed.

Justice Amy Coney Barrett agreed in a one-paragraph dissent. “Chatrie had no reasonable expectation of privacy in data about his public movements that he voluntarily disclosed to Google,” she said.

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Supreme Court turns away Alan Dershowitz’s defamation suit against CNN

The Supreme Court on Monday turned away Harvard law professor Alan Dershowitz’s defamation suit against CNN, refusing to reconsider the high bar for press freedom set in the New York Times vs. Sullivan case.

Justices Clarence Thomas and Neil M. Gorsuch dissented.

The no-comment decision may signal the justices are not anxious to revisit another civil rights era landmark.

But the Dershowitz lawsuit may have been a less than ideal test case.

He sued CNN for $300 million, alleging its commentators distorted his arguments during President Trump’s first impeachment trial before the Senate.

He lost before a federal district judge and the 11th Circuit Court of Appeals in Atlanta. Judges said he had presented no evidence of “actual malice” or knowing falsehoods, citing the doctrine set in the landmark decision.

Dershowitz’s appeal urged the Supreme Court to reconsider and discard the “actual malice” rule or to limit its use against private citizens who are treated as public figures.

In 1964, a unanimous Supreme Court said the 1st Amendment’s protection for the freedom of speech and the press limited state libel verdicts.

An all-white Alabama jury had awarded a $500-million judgment to Montgomery city commissioner L.B. Sullivan over a fund-raising ad for the Rev. Martin Luther King that had appeared in the New York Times.

The ad did not mention Sullivan by name but he said he was defamed by the ad’s criticism of the police.

Reversing that verdict, the court’s opinion said the 1st Amendment was intended to protect debate and criticism of public officials.

With that goal in mind, the justices barred defamation suits over minor or honest mistakes and said plaintiffs must show the defendants displayed “actual malice” by making statements they knew were false or showed a “reckless disregard” for the truth.

The decision was later extended to include public figures like Dershowitz.

In 2020, he defended President Trump’s conduct and told senators it fell short of an impeachable offense.

The House had accused Trump of threatening to withhold military aid to pressure Ukrainian President Volodymyr Zelenskyy into investigating his political rival, Joe Biden, and his son Hunter.

In response to a question about an alleged quid pro quo, Dershowitz said a president can make deals that are in the public interest or his political interest, but not for a corrupt personal benefit.

“If a President does something which he believes will help get him elected — in the public interest — that cannot be the kind of quid pro quo that results in impeachment,” he said.

That statement drew sharp and immediate criticism on CNN.

Commentator Paul Begala asserted the “the Dershowitz doctrine would make presidents immune from every criminal act.”

CNN aired the full video of Dershowitz’s testimony and invited him to appear twice in the next two days to clarify his comments.

Months later, he filed a lawsuit alleging defamation and said CNN had perpetrated “a deliberate scheme to defraud its own audience.”

His suit was dismissed by judges who said he did not have enough evidence to send the case to a trial.

“In his zealous and highly scrutinized representation, Dershowitz made a spontaneous series of remarks before Congress that, he says, were misinterpreted by pundits,” Judge Britt Grant, a Trump appointee wrote for the 11th Circuit Court.

“If anything, the evidence shows that they believed in the truth of their reporting, and that they formed their opinions independently. Without evidence of actual malice Dershowitz’s defamation claim cannot go forward,” she said.

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Supreme Court allows Trump FTC firing, blocks Lisa Cook’s firing

June 29 (UPI) — The U.S. Supreme Court ruled Monday that Congress’ restriction of the president from firing independent agency employees without cause violates the separation of powers.

The court upheld President Donald Trump‘s firing of Rebecca Slaughter, a Democratic member of the Federal Trade Commission, overturning 90 years of precedence. The ruling came down along ideological lines with the conservative majority upholding Slaughter’s firing in a 6-3 decision.

Writing the majority opinion, Chief Justice Roberts said Congress’ “for cause” removal protections, meant to shield independent agencies from political influence, violate the separation of powers.

“What text, history, and structure settle, our precedent confirms — the president may remove his subordinates at will,” Roberts wrote.

Justice Sonia Sotomayor wrote in the minority opinion that the decision has given the president “far greater power than ever before.”

“It is a power, however, that neither the People, nor Congress, nor the Constitution bestowed upon him. In granting the President this unbridled authority, the Court upends its precedent, misconstrues our history, and sheds any pretense of judicial modesty. I respectfully dissent.”

The court’s decision upends the precedent set in 1935 in the case Humphrey’s Executor vs. United States. The high court in that case ordered that Congress could restrict the president from firing members of the FTC without cause.

“Although it is up to the Senate to decide whether to confirm those with whom the President would prefer to work with, neither Congress nor the courts may saddle him with those with whom he cannot work,” Roberts wrote. “Subordinates who exercise the President’s power are subject to removal by him. Then, and only then, can they remain accountable to the President, and the President to the people.”

While the high court allowed Trump to fire Slaughter, it rejected his bid to fire Fed Governor Lisa Cook from the Federal Reserve for the moment.

Trump attempted to pause a federal court ruling that prevented him from firing Cook last year. A lawsuit was filed challenging the attempt. In a 5-4 ruling Monday, the Supreme Court rejected the attempt by Trump.

Roberts penned the majority opinion in this case as well, joining the three liberal justices and conservative Justice Brett Kavanaugh.

“Not only the fact of independence but also the appearance of independence is key to the Federal Reserve’s design,” Roberts wrote.

White House Border Czar Tom Homan speaks during the Faith and Freedom Coalition 2026 Road to Majority Policy Conference at the Washington Hilton on Friday. Photo by Bonnie Cash/UPI | License Photo

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Supreme Court declines to hear Trump’s effort to overturn E. Jean Carroll verdict

1 of 2 | Journalist E. Jean Carroll departs from the courthouse after the conclusion of the damages trial against Donald Trump at Manhattan Federal Court on January 26, 2024, in New York City. On Monday, the Supreme Court declined to hear Trump’s challenge to the judgment. File Photo by John Angelillo/UPI | License Photo

June 29 (UPI) — The U.S. Supreme Court on Monday refused to hear President Donald Trump‘s request for the panel to overturn a ruling that found him liable for sexually abusing and defaming writer E. Jean Carroll.

Trump sought to have his $5 million civil penalty tossed, but the high court’s decision Monday leaves that in place, along with a separate $83.3 million in compensatory and punitive damages she was awarded for defamation.

A jury awarded the damages in 2023 after finding him liable for sexually abusing Carroll in a Manhattan department store dressing room in the 1990s and for defaming her by denying the allegations in 2019.

An appeals court also upheld the verdict in 2024. The 2nd U.S. Circuit Court of Appeals said Trump’s lawyers failed to show any errors in the ruling that would lead to a new trial.

Trump has denied Carroll’s allegations since she first made them and called the $5 million judgment excessive.

White House Border Czar Tom Homan speaks during the Faith and Freedom Coalition 2026 Road to Majority Policy Conference at the Washington Hilton on Friday. Photo by Bonnie Cash/UPI | License Photo

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Supreme Court rejects Trump’s appeal of E Jean Carroll’s sexual abuse case

The US Supreme Court will not hear an appeal requested by President Donald Trump to review the civil case that found he defamed and sexually abused writer E Jean Carroll.

A New York jury awarded Carroll $5m (£3.6m) in damages in 2023 over her civil claim that Trump sexually assaulted her in the 1990s, and then branded the incident a hoax on social media.

Trump denied the allegations and repeatedly claimed that the judge who oversaw the civil trial improperly allowed evidence to be presented that affected how the jury viewed him.

A federal appeals court agreed with the jury’s verdict last year and said a new trial was not warranted. Trump then asked the highest court to intervene.

The Supreme Court gave no details about their decision not to take up the case, as is customary.

It was Trump’s final hope of overturning the jury’s unanimous verdict and means he will have to pay Carroll the damages she had been awarded.

“The American People stand with President Trump as they demand an immediate end to all of the Witch Hunts, including the Democrat-funded travesty of the Carroll Hoaxes,” a spokesman for Trumps legal team told CBS News, the BBC’s US news partner.

“President Trump will keep winning against Liberal Lawfare, as he continues to focus on his mission to Make America Great Again.”

Caroll’s attorney, Roberta Kaplan, said in a statement that the Supreme Court’s decision “affirms once and for all the jury’s unanimous verdict that President Donald J Trump sexually assaulted and defamed E Jean Carroll”.

“His multiple efforts to appeal that verdict have all failed and today’s ruling ends his quest to avoid accountability for his actions,” she added.

Carroll’s counsel had not previously commented on the president’s decision to bring a challenge to the Supreme Court.

In the petition, Trump’s lawyers argued Carroll’s lawyer should not have let jurors see the 2005 Access Hollywood tape that showed the president saying he groped and kissed women.

Trump’s comments about the jury’s findings in the case led a separate jury to order him to pay Carroll $83m for defaming her. A panel of federal judges denied his appeal of that decision in September.

While Trump was found to have defamed and sexually abused Ms Carroll, the jury rejected her claim of rape as defined in New York’s penal code.

Carroll, a former magazine columnist who is now 81, sued Trump for attacking her in the mid-1990s in a department store dressing room in Manhattan. The defamation stemmed from Trump’s post on his Truth Social platform in 2022 denying her claim.

Trump has said Carroll was “not my type” and that she had lied.

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Supreme Court allows late-arriving mail ballots, leaving California’s system unaffected

The Supreme Court on Monday upheld state laws that allow for counting mail ballots that are postmarked by election day but arrive later.

The 5-4 decision rejects a Republican challenge to laws in California and 13 other mostly Democratic states which permit the counting of these late-arriving ballots.

Justice Amy Coney Barrett and Chief Justice John G. Roberts Jr. joined with the three liberals to form the majority.

The decision is a mild surprise and should bolster Democrats in the fall election.

While California’s seven-day grace period for mail ballots has contributed to slow tabulations, it has not been shown to trigger fraud or unreliable vote counts.

Election law experts blame slow tallies on the surge in voting by mail combined with the need to carefully match signatures on these ballots.

The court said federal law since 1845 has set election day nationwide as the Tuesday after the first Monday in November and voters were required to cast their ballots that day.

Citing that fact, the Republican National Committee and the Trump administration joined a challenge to a Mississippi law adopted during the COVID-19 pandemic that allowed counting ballots that were up to five days late.

Trump’s lawyers said federal law preempted or overrode the state law.

“From the dawn of America, election day has meant the day the ballot box closes — and when election officials must be in receipt of all ballots,” wrote Solicitor Gen. D. John Sauer.

Democrats said the Constitution says the “time, place and manner of holding elections” for Congress “shall be prescribed in each state” by its legislature. However, Congress was given the power to override those state rules and set its own regulations for federal elections.

Barrett said the federal election day requires only that the voter must decide by then.

“The election-day statutes require the electorate’s choice to be made on election day. That occurs so long as election day is the deadline for individuals to vote — as it is in Mississippi,” she wrote. “But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.”

While Congress could have prohibited the counting of late-arriving ballots, it had not done so. That may be because states wanted to count ballots from members of the military stationed overseas even if they arrived late.

Last year, however, the 5th Circuit Court of Appeals in New Orleans struck down Mississippi’s law that allowed for counting ballots that were cast by election day but arrived up to five days later.

The opinion by three judges, all Trump appointees, concluded that the election day set by Congress “is the day by which ballots must be both cast by voters and received by state officials.”

In its appeal, Mississippi stuck with a states’ rights view and argued that the federal election-day statutes mean that ballots must be cast — not received — by election day.

“This is a victory for voters and for an election system that meets the needs of the people it serves,” said Common Cause President Virginia Kase Solomón. “Eligible Americans shouldn’t lose their voice because of mail delays outside their control.”

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Advocates warn of wide-ranging implications of US Supreme Court TPS ruling | Migration News

The Supreme Court’s ruling allowing the administration of US President Donald Trump to do away with a special legal status for Haitians and Syrians has sent shockwaves through communities across the country.

Immigration advocates say the 6-3 majority decision allowing the Trump administration to terminate Temporary Protected Status (TPS) will have a resounding impact on nationals of Haiti and Syria, raising the spectre of deportation and family separation, while likely leaving US employers in the lurch.

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But the ruling is set to have more far-reaching implications, advocates have warned, creating a new tool to “empower Trump’s ICE deportation machine to take away legal protections and work permits from hundreds of thousands of people”, according to Hector Sanchez Barba, the president of the Mi Familia Vota advocacy group.

“This has been a defining element of the Trump- [White House adviser Stephen] Miller campaign of cruelty, revoking legal or temporary status, taking away work permits and forcing immigration judges to dismiss cases to accelerate detentions and deportations,” Barba said in a statement following Thursday’s ruling.

Here’s what to know.

What does the ruling mean for Haitians and Syrians on TPS?

Temporary Protected Status (TPS) was created by Congress as part of the Immigration Act of 1990. It allowed the executive branch, particularly the Secretary of Homeland Security, to declare that it is unsafe for foreigners to return to their home countries in light of extraordinary temporary conditions, such as armed conflict, natural disasters or other internal crises.

When a country is designated under TPS, its nationals are granted temporary legal status to reside and work in the US.

Haiti was first designated for TPS following the devastating earthquake in 2010, which killed over 250,000 people. The status has been repeatedly renewed as the Caribbean nation has suffered overlapping political, security and humanitarian crises.

Syria has been designated for the status since 2012, after the start of the civil war which lasted almost 14 years.

All told, about 350,000 Haitians and about 6,000 Syrians are believed to be in this status.

Immigration advocates say the ruling will send TPS recipients scrambling to find other legal pathways to stay in the US or become deportable under Trump’s mass deportation drive.

Given that both countries have been designated for TPS for over a decade, the decision also raises the spectre of family separation, particularly for parents with children born in the US.

“Ending these protections for hundreds of thousands of Haitians and thousands of Syrians will tear families apart, disrupt workplaces and communities and place vulnerable individuals at risk,” Council on American Islamic Relations (CAIR) national executive director Nihad Awad said.

“Many TPS holders have lived in our nation for years, raised American children, built businesses, contributed to our economy and become integral members of their communities.”

What does it mean for US employers?

Several labour organisations and unions have underscored the impact the sudden change in status could have on US industries.

Neidi Dominguez, the executive director of Organized Power in Numbers, called the ruling a “gut punch that requires workers, immigrant communities and the employers who rely on them to hit back together through our organising”.

“They work in hospitality, food service, education, construction, health care and every industry,” Dominguez said. “These are our coworkers, our neighbours and the backbone of the economy across this country, from service to construction and healthcare.”

The healthcare industry is expected to be particularly hard-hit by the decision, with the Migration Policy Institute finding that Haitian immigrants held over 103,000 healthcare jobs in 2021.

“This unconscionable ruling will leave thousands more immigrants – not just registered nurses and healthcare workers, but also teachers, airport workers, hard-working people – vulnerable to the Trump administration’s deadly, money-making deportation machine,” the National Nurses United union said in a statement.

“This decision will further strain our healthcare workforce and worsen the nurse staffing crisis,” it said.

Why does this extend beyond Haitian and Syrian TPS?

Lower courts had previously ruled that the Trump administration did not follow proper procedures, including conducting an inter-agency review to determine that conditions in both countries had improved, in terminating TPS for Haiti and Syria.

But, as Aaron Reichlin-Melnick, a Senior Fellow at the American Immigration Council, explained, the Supreme Court’s majority ruling did not even address whether the Department of Homeland Security Secretary had followed the legally mandated procedures in terminating TPS.

“Rather, the Court said that questions of whether the DHS secretary followed the law cannot be heard by courts in the first place,” he wrote, “meaning that in the future even an openly unlawful decision to grant or terminate TPS could be entirely insulated from judicial review”.

The ruling will further allow the Trump administration to “return to federal court in other cases and overturn decisions ruling against the termination of TPS for countries such as Venezuela, Somalia, Ethiopia and others”, he added.

Angelica Sedgwick Oun, a US immigration researcher at Human Rights Watch, said the ruling “leaves the DHS secretary with unfettered power to make a life-and-death decision about whether it is safe enough to send someone back to a country facing rampant violence, like Haiti, or conflict, like Syria, without meaningfully consulting on human rights conditions there”.

What comes next?

Because the Supreme Court is the top appellate court in the US, there is little recourse available through the judiciary.

But an array of advocacy groups have called on Congress to intervene.

In a rare bipartisan move on immigration, the US House of Representatives in April passed an extension to Temporary Protected Status for Haitians until 2029. The Senate has not yet taken up the measure.

Others have called on Congress to pass legislation to assert a process for courts to review any TPS terminations.

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Gun owners may carry a weapon into stores, Supreme Court rules, rejecting a California law

Licensed gun owners have a right to carry a concealed firearm into stores and other private places unless the owner objects, the Supreme Court ruled Thursday.

The 6-3 decision extends gun rights and strikes down laws in Hawaii, California, New York, New Jersey and Maryland.

Those measures would prohibit carrying guns onto private property that is open to the public unless the owner has expressly authorized them.

“This regime hobbles what the 2nd Amendment protects: the right of Americans to carry arms for self-defense as they go about their daily lives. We hold that the law is unconstitutional,” Justice Samuel A. Alito Jr. said for the court.

The new laws, if upheld, would “impose severe restrictions on the daily activities of residents who have satisfied the state’s rigorous requirements for the issuance of a carry permit. When these permit holders leave home in the morning, … they may also be barred from entering many places that people routinely visit in the course of their daily routines, such as gas stations, convenience stores, restaurants, coffee shops, drug stores, grocery stores, ‘big box’ stores, home improvement stores, barber shops or hair salons, dry cleaners, and laundromats.”

The three liberals dissented, saying the law would protect property owners who don’t want guns in their stores.

“There is no constitutional right to enter private property without the owner’s permission, let alone with a firearm,” said Justice Ketanji Brown Jackson.

Trump administration lawyers had joined a coalition of Hawaii gun owners in urging the court to strike down these blue state laws in the case of Wolford vs. Lopez.

They said the laws, if enforced, would mean “a person carrying a handgun for self-defense commits a crime by entering a mall, a gas station, a convenience store, a supermarket, a restaurant or a coffee shop.”

This litigation is part of much broader debate over where guns may be permitted or prohibited.

Four years ago, the justices ruled that law-abiding persons had a right to obtain a permit to carry a concealed gun when they left home. They also agreed there are “sensitive places” where guns may be prohibited, such as schools, courts and other government buildings.

In response, lawmakers in California and Hawaii adopted their own lists of “sensitive places.” They imposed restrictions on concealed weapons at parks, beaches, playgrounds, places of worship and public transit as well as bars and restaurants that serve alcohol.

Gun owners sued but the 9th Circuit Court refused to block most of those restrictions in a single 83-page opinion covering Hawaii and California. Both states would prohibit carrying guns onto private property open to the public without the owner’s consent.

The 9th Circuit upheld that measure in principle but said California went too far by requiring the owner to post a prominent sign expressly authorizing guns.

“While today’s ruling in Wolford is disappointing, owners still have every right to decide whether firearms are allowed in their stores and businesses,” said Janet Carter, managing director of Second Amendment Litigation at Everytown Law. “The Supreme Court may have changed the default rule, but it cannot take away a private property owner’s authority over their own land.”

The Firearms Policy Coalition said the court had properly protected gun rights and barred states from carving out their “own regional version of the 2nd Amendment.”

“The historical record does not support forcing peaceable people to obtain advance permission before carrying for self-defense in places held open to them,” the group said.

Last week, the court upheld gun rights in a Texas case and said the government may not make it a crime for an “unlawful user” of a drug such as marijuana to own a gun.

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Supreme Court shoots down Hawaii’s private property gun restriction

June 25 (UPI) — The U.S. Supreme Court on Thursday struck down a Hawaiian law that required people to ask permission to carry a concealed firearm onto a private property.

The Court’s majority, in a 6-3 ruling, said that Hawaii cannot block a properly licensed person from carrying a concealed weapon on private properties that are open to the public.

Hawaii was one of five states that enacted similar laws after the Court in a 2018 ruling said that states could not limit gun licenses to “exceptional cases” because it violated the 2nd Amendment right to carry a firearm.

The law required people who wanted to carry their firearm in places such as gas stations, restaurants, grocery and other stores, dry cleaners and other properties that are “open to the public” to get permission to carry their gun.

“Under the new Hawaii law, no one carrying a firearm may enter without the property owner’s express authorization,” Justice Samuel Alito wrote in the majority opinion.

“The effect of this new rule is to impose severe restrictions on the daily activities of residents who have satisfied the State’s rigorous requirements for the issuance of a carry permit,” Alito wrote.

In a dissenting opinion, Justice Ketanji Brown Jackson disagreed with the majority that the Hawaii law is an “attempt to end-run our Second Amendment precedents,” suggesting instead that it applies the first principle of property law, the right to exclude.

In addition to noting that Hawaii has a long history of restrictive gun laws, Brown Jackson said it enacted the permission law in order to prevent confusion among property owners that federal law had affected traditional expectations in the state.

“The public might well have an implied license to enter private property open to the public, and such permission might generally include the ability to enter armed,” she wrote in the dissent.

“But,” she wrote, “any such license is not a matter of right — a license is a creature of state law and custom, and it can vary accordingly.”

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Asylum seekers may be turned away at the southern border, Supreme Court rules

Asylum seekers may be turned away without a hearing at the southern border, the Supreme Court ruled Thursday in a historic retreat from the promise of relief for those who say they are fleeing persecution.

The justices split over whether this was a simple dispute over legal wording or a moral question involving desperate families.

Siding with the Trump administration, the court’s conservatives said the Refugee Act of 1980 offers a right to seek asylum to migrants who “arrive in the United States” but not those who are turned back when they approach a border crossing or a port of entry.

“This case presents a straightforward question” that turns on the word “in,” said Justice Samuel A. Alito Jr. “In ordinary speech, no one would say that a person ‘arrives in’ a place — for example, a house, a city, or a country — before the person enters that place.”

The liberal dissenters agreed with immigration rights lawyers who saw this as a nonsensical reading of the law.

Justice Sonia Sotomayor said the asylum law arose from the “international moral reckoning that followed the Holocaust and World War II.”

She cited the infamous voyage of the MS St. Louis in 1939. More than 900 Jewish refugees attempted to flee persecution in Nazi Germany by setting sail aboard the ship, which was turned away from Cuba and the United States.

Most of the passengers were returned to Europe, and several hundred died in the Holocaust, she said.

“Congress passed the Refugee Act in 1980 because it did not want this country to repeat the mistakes of its past. Yet if the refugees on the M.S. St. Louis were to walk up to a port of entry on our southern border today, the majority’s interpretation would allow immigration officers to refuse even to consider their asylum applications by physically blocking them from stepping foot onto U. S. soil,” Sotomayor wrote.

Justices Elena Kagan and Ketanji Brown Jackson agreed.

The decision upholds a turn-back policy that began in 2016 as an emergency response to a surge of Haitian immigrants at the San Ysidro border crossing.

The Department of Homeland Security said these asylum seekers must wait on the Mexican side of the border until they could return for a scheduled interview. The policy was extended to other border crossings, but it was challenged as illegal in federal court in San Diego.

Last year, a divided 9th Circuit Court of Appeals ruled that those restrictions were illegal if they prevented migrants from applying for asylum.

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

She said the “government’s reading would reflect a radical reconstruction of the right to apply for asylum because it would give the executive branch vast discretion to prevent people from applying by blocking them at the border.”

The 2-1 decision upheld a federal judge in San Diego who ruled for migrants who had filed a class-action suit and said they were wrongly denied an asylum hearing.

But Solicitor Gen. D. John Sauer urged the Supreme Court to review and reverse the appellate ruling, noting 15 judges of the 9th Circuit joined dissents that called the decision “radical” and “clearly wrong.”

The administration argued federal immigration law “does not grant aliens throughout the world a right to enter the United States so that they can seek asylum.”

From abroad, they may “seek admission as refugees,” Sauer said, but the government may enforce its laws by “blocking illegal immigrants from stepping on U.S. soil.”

Defenders of the asylum system denounced the decision.

“We believe that today’s ruling violates international law, as well as the express intent of Congress,” said Erika Pinheiro, executive director of the migrant support organization Al Otro Lado, which led the legal fight. “For decades, the United States has allowed individuals and families who are fleeing persecution, torture and death to ask for protection at U.S. borders.”

“Cruelty is not a substitute for real solutions. Blocking people from seeking asylum at official ports of entry will do nothing to fix our broken immigration system, said Rebecca Cassler, senior litigation attorney at the American Immigration Council. “It only makes things more chaotic and dangerous for vulnerable families.”

The Federation for American Immigration Reform applauded the decision.

“Our immigration laws are written to be pro-enforcement, not-anti-enforcement,” said Christopher J. Hajec, deputy general counsel of FAIR. “Because of this, courts that hamstring enforcement are often forced to violate basic logic, as the 9th Circuit did here. We are pleased the Supreme Court saw that the lower court’s reading would make immigration law incoherent, and reversed.”

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US Supreme Court scales back Roundup cancer lawsuits in victory for company | Courts News

The United States Supreme Court has sided with the maker of Roundup weedkiller in a ruling expected to block thousands of lawsuits alleging it failed to warn people the product could cause cancer.

The ruling on Thursday was tied to a case that came before the justices after a tidal wave of litigation that included some multibillion-dollar verdicts against the global agrochemical manufacturer Bayer, a Germany-based company that acquired Roundup when it bought its original producer Monsanto in 2018.

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The decision is a victory for US President Donald Trump’s administration, but one that could be tricky politically since allies in the “Make America Healthy Again” movement want to rein in pesticide use.

The high court, in a 7-2 ruling, found that the company cannot face failure-to-warn lawsuits in state courts because federal regulations have found a cancer link unlikely and do not require a warning label.

The justices overturned a jury verdict in Missouri awarding $1.25m to a man named John Durnell who said he was diagnosed with non-Hodgkin lymphoma after years of exposure to glyphosate in Roundup. The Supreme Court agreed with Bayer that a US law that governs pesticides precludes failure-to-warn claims that are brought under state law from moving forward in court.

Bayer shares jumped nearly 18 percent following the ruling.

Trump’s administration had backed Bayer in the case.

Conservative Justice Brett Kavanaugh, who authored the ruling, said the US Environmental Protection Agency, or EPA, has concluded glyphosate does not cause cancer and has not required a cancer warning on Roundup.

The law preempts Durnell’s claim because it “would require Monsanto to add a cancer warning to Roundup’s label even though federal law requires Monsanto to use the EPA-approved label without a cancer warning”, Kavanaugh wrote.

Liberal Justice Ketanji Brown Jackson, in a dissent joined by conservative Justice Neil Gorsuch, said that Durnell’s claim would impose equivalent labelling requirements on Monsanto that the federal law requires and so should not be preempted.

Jackson called the ruling “remarkable and regrettable, for it unjustifiably closes the courthouse doors to state tort plaintiffs like Durnell”.

Bayer acquired Roundup as part of its $63bn purchase of agrochemical company Monsanto in 2018. More than 100,000 plaintiffs have filed cases in US state and federal courts alleging a cancer link, and the German drugmaking and crop science company had said that the lawsuits could threaten its ability to supply the herbicide to farmers.

The torrent of litigation already prompted Bayer to remove glyphosate from its consumer version of Roundup. Bayer said before the Supreme Court ruled that a decision in its favour could largely end the Roundup litigation.

“The US Supreme Court decision is good for science, farmers, and industries that depend on regulatory clarity for innovation. It should help significantly contain the Roundup litigation after nearly a decade of legal battles. The ruling should result in the dismissal of current warning-based claims and bar future failure-to-warn claims,” Bayer spokesperson Tino Andresen said in a statement.

The company emphasised throughout the litigation that the EPA repeatedly found that glyphosate does not cause cancer and approved its product labels without a warning.

Facing billions of dollars in potential liability, Bayer announced in February a proposed $7.25bn settlement to resolve tens of thousands of current and future lawsuits. The settlement would not affect claims that stem from pending appeals or that fall outside the deal, according to the company. Those amount to nearly $1bn, it said.

‘Disaster for public health’

Environmental activists and others criticised the court’s ruling on Thursday.

“Once again, the Supreme Court has sided with big business over people and the environment. Today’s ruling is a disaster for public health,” said Tarah Heinzen, legal director at the advocacy group Food and Water Watch.

“The harm from this decision will perpetuate our cancer, infertility and general chronic disease epidemic for generations to come,” said Kelly Ryerson, co-executive director of advocacy group American Regeneration and a Make America Healthy Again activist who posts on social media under the moniker “The Glyphosate Girl”.

The sprawling dispute centres on a US law called the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA, that governs the sale and labelling of pesticides and bars states from imposing differing or additional requirements.

The measure prohibits pesticides that are “misbranded” with labels that lack an adequate warning to protect health and the environment.

Bayer has argued that Durnell’s claims are preempted by this law. The EPA has repeatedly approved labels without such a cancer warning, demonstrating that these products are not misbranded, the company said, adding that labels cannot be substantially changed without the agency’s approval.

Durnell’s lawyers said that despite the EPA’s registration of Roundup, the label may still be challenged as misbranded. They also said Durnell’s claims are not preempted because Missouri state law that requires products to adequately warn of dangers imposes the same requirements as FIFRA’s prohibition on misbranding.

‘A new era’

Union Investment fund manager Markus Manns called Thursday’s ruling a significant milestone for Bayer, adding that a decade after the Monsanto acquisition, the company is “entering a new era”.

“While future lawsuits are not entirely off the table, they will become considerably more difficult. A final breakthrough would come if the settlement is accepted by the plaintiffs and approved by the competent court in July. This would bring Bayer’s glyphosate litigation chapter to a definitive close, allowing management to fully refocus on operational and strategic matters,” Manns said.

Durnell sued Monsanto in Missouri state court in 2019, claiming it failed to warn users of the dangers associated with Roundup and glyphosate.

He was diagnosed with a rare and often aggressive form of non-Hodgkin lymphoma, a cancer that starts in the white blood cells, and attributed the disease to his exposure to Roundup starting in 1996. For about 20 years, he was the “spray guy” for a neighborhood association in St Louis, killing weeds at local parks without protective equipment, according to court papers.

A jury sided with Durnell in 2023, and in 2025, a state appeals court upheld that verdict.

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Supreme Court ruling blocks thousands of lawsuits against maker of Roundup weedkiller

The Supreme Court sided with the maker of the Roundup weedkiller Thursday in a ruling expected to block thousands of lawsuits alleging it failed to warn people the product could cause cancer.

The case came before the justices after a tidal wave of litigation that included some multibillion-dollar verdicts against the global agrochemical manufacturer Bayer, which acquired Roundup when it bought its original manufacturer Monsanto in 2018.

The decision is a victory for the Trump administration, but one that could be tricky politically since allies in the Make America Healthy Again movement want to rein in pesticide use.

The high court, in a 7-2 ruling, found that the company can’t be sued in state courts because federal regulations have found a cancer link unlikely and do not require a warning label.

The decision “is good for science, farmers, and industries that depend on regulatory clarity for innovation,” Bayer said in a statement. “It should help significantly contain the Roundup litigation after nearly a decade of legal battles.”

Though Bayer said the ruling should result in the dismissal of pending lawsuits containing failure-to-warn allegations, the company said it plans to proceed with a proposed $7.25 billion class-action settlement intended to resolve many of the remaining claims.

Lawyers for some residents pursuing Roundup litigation criticized the court’s decision.

“This Supreme Court ruling wrongly slams the courthouse door on Americans sickened by pesticides,” said attorney Christopher Seeger, who is proposed as a claimants’ representative in the settlement. But he said a settlement still would allow some people to receive compensation.

The case before the Supreme Court was filed by Missouri resident John Durnell. He developed a cancer called non-Hodgkin’s lymphoma after more than 20 years of serving as the neighborhood association’s “spray guy,” using Roundup on parks in his historic St. Louis community.

A jury agreed that the company failed to warn him about possible cancer dangers and awarded him $1.25 million. It’s one of thousands of similar cases, including some multibillion-dollar damage awards.

There’s still fierce debate about cancer and Roundup’s key ingredient, glyphosate. The World Health Organization’s International Agency for Research on Cancer classified the chemical as “probably carcinogenic” in 2015. The Environmental Protection Agency has determined that it’s not likely to cause cancer in humans when used as directed.

The agency approved a label without a cancer warning, and Bayer argues that it’s required to follow those federal standards — not the state laws that Durnell and others have sued under. The ruling still could allow other suits alleging problems with the way the product was designed, his attorney Ashley Keller has said.

Bayer disputes the cancer claims but previously set aside $16 billion to settle cases, and earlier this year proposed a $7.25 billion class-action settlement. A federal judge recently ruled that the proposed settlement will be heard in a Missouri state court, where many of the lawsuits have been filed. At the same time, the company has tried to persuade states to pass laws shielding it from liability in failure-to-warn lawsuits, and three states have agreed.

About 200,000 Roundup-related claims have been made against Bayer, mostly from home users. It has stopped using glyphosate in Roundup sold in the U.S. residential lawn and garden market.

The company has said it might have to consider pulling glyphosate from U.S. agricultural markets if it keeps getting sued. Agricultural industry group say could have a devastating effect on the food supply.

But pesticides have also created a rift between the Trump administration and members of Health Secretary Robert F. Kennedy’s MAHA movement, adding to their frustration with an executive order aimed at boosting glyphosate’s production.

Kennedy himself has said repeatedly that glyphosate causes cancer, even as he says he recognizes the executive order was necessary for food supply and national security reasons.

Whitehurst writes for the Associated Press. AP writer David A. Lieb in Jefferson City, Mo., contributed to this report.

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Supreme Court rules Trump may end legal protection for Haitians and Syrians

The Supreme Court ruled Thursday that the Trump administration may end the Temporary Protected Status granted to more than 350,000 Haitians and Syrians whose home countries remain unsafe.

In a 6-3 decision, the court’s conservative majority said Congress gave the administration, not judges, the power to cancel or renew this temporary protection for non-citizens who are living and working here.

In a second win Thursday for the Trump administration, the court also upheld the administration’s policy of blocking asylum seekers at the southern border.

By the same 6-3 vote, the court said migrants do not have a right to apply for asylum if they are not already in the United States.

The decision on Temporary Protected Status could affect up to 1.3 million non-citizens who are in the country.

In 1990, Congress authorized this emergency humanitarian relief for non-citizens whose home countries were wracked by armed conflict, natural disasters or other extraordinary disruptions.

Under the law, the Department of Homeland Security may grant this protection for 6, 12 or 18 months and either renew or extend it for a similar period.

But this legal authority has been under dispute since Trump returned to the White House last year and targeted the 1.3 million people with TPS from 17 countries who were living in the United States.

Trump’s lawyers said the law made clear there was “no judicial review” of the government’s decision to cancel the grant of temporary protection.

However, immigrant rights lawyers argued the government failed in its duty to consult the State Department and assess whether it was safe for migrants to return home.

Repeatedly, U.S. district judges agreed with the challengers and ruled the administration’s decisions were “arbitrary” and unreasonable. But in nearly every case, the Supreme Court granted emergency appeals from the administration and set aside those orders.

Since TPS was created, the government has ended the protected designation for citizens of 18 countries.

DHS under then-Secretary Kristi Noem ended TPS for Honduras, Nicaragua, Afghanistan and Venezuela. A spokesperson for the agency previously said the Haiti designation became “a de facto amnesty program” and that allowing Syrians to remain is contrary to national interest.

Advocates for the immigrants argue that the administration failed to conduct the required process to properly evaluate each country’s conditions and instead acted on political grounds driven by racial animus.

State Department travel advisories for both countries warn people against traveling to either because of the risk of terrorism, kidnapping and widespread violence. But Federal Register notices announcing the terminations said country conditions had improved enough.

Recently released internal documents show that DHS decided to terminate protections for Haitians without any input from the State Department.

Citing the documents, which were obtained by the National TPS Alliance in a separate lawsuit, lawyers for the Haitians asked the Supreme Court to dismiss the case and send it back to lower courts. They argued that the justices should first consider the communications before issuing a decision.

Internal emails show that homeland security officials sought a recommendation from the State Department in May 2025, ahead of Noem’s early June deadline on whether to extend protections for Haiti. But by the time Noem signed what appears to be a final decision memo, U.S. Citizenship and Immigration Services had not received input from the State Department, the emails show.

“State recommendation for Haiti TPS has not come in despite of many outreach,” a homeland security deputy assistant secretary wrote in a June 2, 2025, email. A recommendation “would be helpful to have,” the person added.

Eleven days later, a USCIS project manager wrote in an email that Noem “recently elected to terminate Haiti without country conditions from DOS.”

USCIS initially recommended automatically extending protections before Homeland Security decided to terminate them, earlier versions of the memo indicate.

The June decision was blocked by a federal judge. In November, DHS issued another notice terminating TPS protections for Haitians.

That time, according a previously publicized email, a homeland security senior counselor asked a State Department official for the agency’s views on the country conditions in Haiti. The official, Spencer Chretien, didn’t address the country conditions but responded that “there would be no foreign policy concerns.”

Lawyers for the Haitians argued that response didn’t meet the legal standard for a sufficient consultation, though the Trump administration disagreed.

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Inmates may not sue prison officials who violate their religious rights, Supreme Court rules

Prison inmates whose religious rights are clearly violated by guards and wardens may not sue them for damages, a divided Supreme Court ruled Tuesday.

In a 6-3 decision, the justices said federal law protecting religious liberty allows for suits against state prison systems, but not employees of the prison.

The decision came in the case of a devout Rastafarian in Louisiana. Damon Landor had grown dreadlocks for nearly two decades. He had three weeks left in a five-month prison term when he was transferred to another prison in Louisiana.

He had with him a copy of a federal appeals court opinion that said Rastafarian inmates had a protected religious right to wear dreadlocks.

Congress in 2000 adopted the Religious Land Use and Institutionalized Persons Act to protect religious liberty.

But the guards threw the appeals court decision in the trash, and the warden ordered the guards to handcuff Landor to a chair and shave his head.

Shortly after he was released, Landor sued the warden and the guards for violating the 2000 law, known as RLUIPA, which promised “appropriate relief” to those whose rights were violated.

But a federal judge, the 5th Circuit Court and now the Supreme Court have tossed out Landor’s suit.

Justice Neil M. Gorsuch wrote for the six conservatives.

He explained that when the federal government gives states money for prisons, education, healthcare and other matters, it can require them to follow the law but it does not authorize private lawsuits against their employees

“To know that is enough to know the Court of Appeals was correct. Mr. Landor does not have a federal RLUIPA cause of action against the officers,” Gorsuch wrote. “Congress lacks regulatory authority to impose liability on them directly.”

The three liberals dissented.

“Today’s decision magically transforms a federal statute into an invitation to be accepted or declined, deemed binding only if each particular defendant has explicitly agreed to be penalized,” wrote Justice Ketanji Brown Jackson. “Prisoners like Landor who suffer violations of their religious freedom in state prisons — no matter how blatant — will often be left remediless.”
Justices Sonia Sotomayor and Elena Kagan agreed.

Civil liberties advocates denounced the decision.

“Our justice system is built on the promise of accountability when rights are violated,” said Rachel Rossi, president of the Alliance for Justice. “If there is no remedy for such a transgression, then there is no justice. This ruling will further erode critical civil rights protections of the far too many incarcerated people in this country.”

Rachel Laser, chief executive of Americans United for Separation of Church and State, said today’s decision “endangers the religious freedom of incarcerated people, like Damon Landor, who are particularly vulnerable to abuse and having unnecessary burdens placed on their religious exercise. Once again, we see a court that will bend over backward for the religious freedom of Christians, but allows the government to trample the religious freedom of non-Christians.”

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Supreme Court says ex-LAPD officer may be sued for excessive force in street shooting

The Supreme Court refused Monday to block an excessive force lawsuit against a former Los Angeles Police Department officer who shot and killed a knife-wielding man whose speeding truck had slammed into several cars near downtown Los Angeles.

The court turned down an appeal petition from the Los Angeles city attorney’s office, over the objections of Justices Clarence Thomas and Samuel A. Alito Jr.

Litigation over the six-second shooting incident has extended over six years.

Federal judges in California agreed that Officer Toni McBride had reason to fire four shots at the suspect in April 2020 but not the two final shots that killed him.

Daniel Hernandez was alleged to be under the influence of methamphetamine when he got out of his truck and walked toward the officer. She repeatedly ordered him, “Drop the knife,” as he approached.

But the 9th Circuit Court of Appeals, by a 6-5 vote, ruled last year that a jury could decide the officer went too far when she fired two final shots after the suspect had fallen to the ground.

The majority reasoned that in the one-second pause between shots four and five, McBride “could have and should first reassessed the situation” and possibly concluded the suspect no longer posed a danger.

That ruling would have sent the case to a trial.

But the Los Angeles city’s attorney’s office appealed to the Supreme Court in October and urged the justices to review and reverse the 9th Circuit’s decision.

The city’s attorneys said the appeals court failed to consider the “totality of circumstances from the perspective of a reasonable officer on the scene” and its decision refused “to allow for reasonable mistakes in fast-moving, life-threatening encounters.”

UC Berkeley law dean Erwin Chemerinsky filed a response for the Hernandez family. He urged the court to stand aside and let a jury decide whether the officer’s actions were reasonable.

“The 9th Circuit simply held that it should be for the jury to resolve the factual dispute over what happened,” he said.

The justices had considered the appeal since late February before finally turning it down without comment on Monday.

The Supreme Court has repeatedly ruled police officers may be sued for unreasonable searches and seizures only if they are shown to have knowingly violated clearly established law.

However, this doctrine of “qualified immunity” has divided judges over whether a particular rule or limit has been clearly established.

The 9th Circuit majority said shooting a fallen suspect crosses the line.

“It has been clearly established for more than a decade that when an officer shoots and wounds a suspect, and he falls to the ground, the officer cannot continue to shoot him, absent some indication that he presents a continuing threat,” wrote Judge Jacqueline H. Nguyen.

“A fallen and injured suspect armed only with a bladed instrument does not present a continuing threat merely because he makes nonthreatening movements on the ground. … Under such circumstances, a jury could reasonably find that she employed constitutionally excessive force. If so, she is not entitled to qualified immunity,” she said.

The five dissenters said the officer made a reasonable split-second decision.

Judge Ryan Nelson said McBride “was justified in shooting Daniel Hernandez to alleviate the risk that he posed when he advanced toward her while armed and ignoring commands to stop. … She cannot be reasonably expected or required to reassess her shooting in a tight six second period during an intense and dangerous situation throughout which Hernandez was rising and never stopped moving.”

Judge Patrick Bumatay echoed this concern.

“Judges review police shootings only in hindsight. We review police tapes years after the fact. We get to rewind, pause, fast forward — analyzing the situation frame-by-frame. While the advent of police bodycam videos has been a welcome change, we can’t ignore that real life isn’t in slow motion,” he said.

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On This Day, June 19: Supreme Court rules student prayer at games unconstitutional

On this date in history:

In 1846, two amateur baseball teams played under new rules at Hoboken, N.J., planting the first seeds of organized baseball. The New York Nine beat the Knickerbockers, 23-1.

In 1856, the first Republican national convention ended in Philadelphia with the nomination of explorer John Charles Fremont of California for president. James Buchanan, a Federalist nominated by the Democrats, was elected.

In 1864, the Union sloop-of-war USS Kearsarge sank the Confederate commerce raider CSS Alabama in the Battle of Cherbourg off the coast of France.

In 1865, nearly two and a half years after the Emancipation Proclamation, freedom from slavery was announced in Galveston, Texas, the most remote area of the country where slavery was still practiced. The day came to be celebrated annually as Juneteenth, Freedom Day, Jubilee Day and Liberation Day.

In 1867, Austrian Archduke Ferdinand Maximilian, installed as emperor of Mexico by French Emperor Napoleon III in 1864, was executed on the orders of Benito Juarez, president of the Mexican Republic.

In 1905, Pittsburgh showman Harry Davis opened the world’s first nickelodeon, showing “The Great Train Robbery,” a silent Western film. The storefront theater had 96 seats, charged 5 cents and prompted the advent of movie houses across the United States.

In 1910, Spokane, Wash., had the first Father’s Day.

File Photo by Gary C. Caskey/UPI

In 1944, World War II’s Battle of the Philippine Sea began. Japanese forces tried unsuccessfully to prevent further Allied advancement in the South Pacific.

In 1953, convicted spies Julius and Ethel Rosenberg were executed by electric chair at Sing Sing Correctional Facility in Ossining, N.Y.

In 1965, Nguyen Cao Ky became the prime minister of South Vietnam, the ninth leader within the past 20 months.

UPI File Photo

In 1972, Hurricane Agnes made landfall in the Florida Panhandle, going on to kill 128 people along the eastern U.S. seaboard.

In 1987, the U.S. Supreme Court struck down a 1981 Louisiana law that required schools to teach the creationist theory of human origin espoused by fundamentalist Christians.

In 1991, Colombian drug lord Pablo Escobar surrendered to police in Medellin in the wake of the assassination of Luis Carlos Galan. Authorities convinced him to give himself up in exchange for a lighter sentence for prior criminal activity — activity which continued after his imprisonment.

In 1999, horror novelist Stephen King was hit by a car and severely injured while out for a walk in rural Maine.

In 2000, the U.S. Supreme Court ruled that prayers led by students at public high school football games aren’t permitted under the constitutional separation of church and state. In 2022, the high court ruled, however, that a school district in Washington violated a coach’s First Amendment rights when they stopped him from publicly praying on the field after games.

In 2008, U.S. Sen. Barack Obama, D-Ill., the presumptive Democratic presidential nominee, became the first candidate at that level to bypass public financing since the program was established.

In 2013, James Gandolfini, who starred in the gangster drama The Sopranos, died of a heart attack in Rome. He was 51.

In 2014, Felipe VI was proclaimed Spain’s new king after his father, King Juan Carlos, abdicated the throne.

In 2019, Joy Harjo was named the first Native American poet laureate of the United States.

In 2024, the annual Hajj pilgrimage to Mecca, Saudi Arabia, concluded after at least 1,300 people died over the five-day trek. Officials blamed a lack of cooling centers, sleeping accommodations and other critical services as temperatures soared above 125 degrees Fahrenheit.

File Photo by Mohammad Kheirkhah/UPI

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Drug users don’t lose their gun rights, Supreme Court rules

A unanimous Supreme Court ruled Thursday for gun rights and against drug laws.

In a 9-0 ruling, the justices struck down part of the longstanding federal gun control law that makes it a crime for an “unlawful user” of illegal drugs to possess a gun.

The Trump administration had urged the court to uphold the conviction of a Texas man who was investigated for alleged terrorist ties and admitted to being a regular user of marijuana.

Rejecting that claim, Justice Neil M. Gorsuch, speaking for the court, said the law was far too broad and overly harsh.

“The law automatically bans an individual from possessing a gun from the moment he becomes an unlawful user of any controlled substance until he ceases being one,” he wrote. “It doesn’t matter what controlled substance an individual uses, in what amounts he does so, or whether his drug use has ever made him a danger to himself or others.”

And it can lead to a 15-year prison term, he added.

He noted, however, the court was not ruling on “addicts” or people who were under the influence of drugs when they were arrested.

The American Civil Liberties Union welcomed the ruling.

“Today’s unanimous 9-0 decision makes it clear that the government cannot make it crime for people to own a gun, which the Supreme Court has held is a fundamental constitutional right, simply because they use marijuana,” said Cecillia Wang, legal director at the American Civil Liberties Union. “With nearly half of Americans reporting marijuana use at some point in their lives, this ruling protects the rights of millions and curbs the government’s ability to impose arbitrary and discriminatory penalties.”

Since 1968, federal law has prohibited gun possession by felons, fugitives and other persons deemed to be dangerous. Included was anyone who is “an unlawful user of or addicted to any controlled substance.”

But the 5th Circuit Court of Appeals ruled in a Texas case this restriction on guns violated the 2nd Amendment. It said “there is no historical justification for disarming a sober citizen not presently under an impairing influence.”

Appealing to the Supreme Court, the Trump administration urged the justices to uphold the law.

“Habitual illegal drug users with firearms present unique dangers to society—especially because they pose a grave risk of armed, hostile encounters with police officers while impaired,” said Solicitor Gen. D. John Sauer.

He asked the court to rule in the case of a Pakistani native who was investigated by the FBI for his suspected ties to the Islamic Revolutionary Guard Corps.

In 2020, Ali Danial Hemani and his parents “traveled to Iran to participate in a celebration of the life of Qasem Soleimani, an Iranian general and terrorist who had been killed by an American drone strike the month before,” the administration told the court last year.

The FBI obtained a warrant to search Hemani’s family home.

Agents found a Glock 9mm pistol, 60 grams of marijuana and 4.7 grams of cocaine.

Hemani said he used marijuana about every other day.

A federal grand jury in Texas charged him with possessing a firearm as an unlawful habitual user of marijuana.

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Supreme Court will not take Carter Page’s lawsuit against James Comey

James Comey, former director of the Federal Bureau of Investigation, testifies via videoconference during a Senate Judiciary Committee hearing in Washington, D.C. on Sept. 30, 2020. The U.S. Supreme Court will not take up former Trump adviser Carter Page’s lawsuit against Comey, it decided Monday. File Pool Photo by Stefani Reynolds/UPI | License Photo

June 15 (UPI) — The U.S. Supreme Court will not take up former Trump adviser Carter Page’s lawsuit against former FBI director James Comey, it decided Monday.

Page sought to revive his lawsuit against Comey over errors and omissions made on warrant applications used to get permission to surveil him. The FBI wiretapped Page while it was investigating allegations against President Donald Trump‘s 2016 campaign colluding with Russia to interfere with the election.

Page’s lawsuit was dismissed by lower courts as they ruled he did not file his claims on time. Page alleges that the investigation into him harmed his reputation and cost him business opportunities.

The Trump administration paid Page $1.25 million in April to settle claims he made against the federal government.

The Justice Department said when announcing the agreement to settle with Page that the investigation into him was based on flawed information.

“No American should ever face covert and unlawful surveillance based on their political view,” a spokesperson for the Justice Department said in a statement.

Page has continued his attempts to sue Comey and seven others who served with the FBI during the investigation as individuals.

The Supreme Court released a list of cases it will and will not accept to its docket on Monday. The justices did not say why Page’s case has been denied.

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Supreme Court will decide if ‘criminal aliens’ can be held indefinitely while they fight deportation

The Supreme Court agreed Monday to hear a Trump administration appeal and decide if “criminal aliens” may be held indefinitely while they fight deportation.

The case to be heard in the fall could give the administration more power to arrest and hold immigrants, including green card holders, who have criminal records.

The government’s lawyers say immigration laws call for deporting non-citizens with “aggravated felonies” on their records. And in such cases, they say these people may be held for months or even years while their claims are before the immigration courts.

Judges have been split on whether non-citizens fighting deportation have a right to a bond hearing and a chance to go free if they pose no risk to public safety.

The 2nd Circuit Court of Appeals in New York ruled for a pair of green card holders who faced deportation to the Dominican Republic and Jamaica. Both had been convicted of assaults that were characterized as aggravated felonies under the immigration laws.

However, the appeals court said their “prolonged detention” was unconstitutional if they were given no bond hearing and no chance to go free.

They were represented by the American Civil Liberties Union, whose lawyers urged the court to turn down the appeal.

“For the first time in this litigation, the government argues that civil detention ‘does not implicate any fundamental rights’ and so the Due Process Clause affords the detained men no protections—substantive or procedural,” they wrote.

In the past, they said the Supreme Court had accepted the “bedrock principle” that detained persons may have a right to seek their release on bond.

One of the two men had left this country and returned to Jamaica, the ACLU lawyers said. But Solicitor Gen. D. John Sauer urged the court to rule on the issue.

The detained men “have no procedural due-process right to a bond hearing on whether they are a flight risk or danger to the community,” he told the court. “Individualized findings about flight risk and danger are irrelevant” under the immigration laws which called for “mandatory detention based on their aggravated-felony convictions alone.”

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Supreme Court passes on hearing for 98-year-old judge

June 15 (UPI) — A judge who is turning 99 years old on Saturday is seeking to have her suspension lifted but the U.S. Supreme Court is passing on taking up her case.

The high court decided on Monday to decline Pauline Newman’s request for a hearing to lift her suspension. She is the oldest active federal judge but has been suspended for refusing to submit to mental fitness testing.

Newman argued that she is fit to serve, despite her age and the suggestion otherwise from her colleagues. She filed a lawsuit against her colleagues for suspending her with the U.S. Court of Appeals for the Federal Circuit, alleging that her suspension is unconstitutional.

“The petition presents questions concerning crucial constitutional and statutory aspects of lifetime tenure and judicial independence, especially the availability of judicial review for intra-branch infringements on judicial service,” Newman’s attorneys said in a filing to the Supreme Court.

Newman is indefinitely suspended from taking up new cases. She was suspended three years ago and told by the court’s chief judge, Kimberly Moore, that she may either retire or be given senior status, a type of semi-retirement for judges that reduces their caseload.

Newman has been on the bench for the U.S. Court of Appeals’ Federal Circuit since 1984. The Federal Circuit was established in 1982.

Newman has been called the “Great Dissenter” for writing more than 300 dissenting opinions throughout her career.

In her filing to the U.S. Court of Appeals for the Federal Circuit, Moore said Newman experienced health issues in 2021 that made her “unable to discharge the duties of an active circuit judge.” She adds that Newman fainted following an argument and was unable to walk in 2022. Newman then agreed to reduce her caseload.

After convening with a special committee of two Federal Circuit judges, Moore and the committee ordered Newman to undergo neurological and neuropsychological testing and for her to submit medical records.

Newman shared expert reports from two doctors but the committee recommended that she be barred from hearing any cases for one year, subject to renewal. In September 2023, the court approved the recommendation and she has remained under suspension since.

President Donald Trump speaks to reporters about restoring commercial fishing access to areas of the Pacific during a signing ceremony in the Oval Office of the White House on Thursday. Photo by Jim Lo Scalzo/UPI | License Photo

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Supreme Court says California farms can restrict union access

The Supreme Court on Wednesday struck down part of a historic California law inspired by Cesar Chavez and the farm workers union, ruling that agricultural landowners and food processors have a right to keep union organizers off their property.

The justices by a 6-3 vote said the state’s “right of access” rule violates property rights protected by the Constitution, which states private property shall not be “taken for public use without just compensation.”

Writing for the court, Chief Justice John G. Roberts Jr. said “the access regulation is not germane to any benefit provided to agricultural employers or any risk posed to the public…The access regulation grants labor organizations a right to invade the growers’ property. It therefore constitutes a per se physical taking,” he wrote in Cedar Point Nursery vs. Hassid.

He cited as precedents a pair of California cases. One ruled for the owner of a beachfront home in Ventura who objected to giving the public access to the shore and a second from 2015 which ruled for a grape grower from Fresno who objected to giving his grapes to a government-sponsored cooperative.

“The upshot of this line of precedent is that government-authorized invasions of property — whether by plane, boat, cable, or beachcomber — are physical takings requiring just compensation,” Roberts said.

The three liberal justices dissented. They described the rule as a regulation, not a taking of property.

The California Legislature in 1975 became the first in the nation to extend collective bargaining rights to farm workers. Months later, a new agricultural labor board adopted the “right of access” rule to allow organizers to seek out those who were working on farmland.

Earlier this year, the state’s lawyers said the rule was still needed because farm laborers often worked in remote areas and were not fully aware of their rights to join a union.

It has come under attack in recent years by agribusinesses that have called it a “union trespassing” rule that violates their property rights.

A lawyer for the Pacific Legal Foundation, which represented the farm owners, cheered the ruling as “a huge victory for property rights.” It “affirms that one of the most fundamental aspects of property is the right to decide who can and can’t access your property,” said Joshua Thompson, a senior attorney for the group, based in Arlington, Va..

Karla Walter, a director of employment policy for the liberal Center for American Progress, called it a major setback for union organizing.

“Today the Supreme Court’s conservative majority overturned nearly a half-century of progress for California’s farm workers, who have struggled to exercise their right to bargain for decent wages and to protect their health and safety,” she said. “Reaching farm workers — the overwhelming majority of whom are Latinx and migrant workers — where they work is critical to protecting their rights and interests.”

The case decided Wednesday began in 2015. The owners of the Fowler Packing Co. in Fresno, which produces grapes and citrus fruit, refused to allow union organizers onto their property.

A few months later, union organizers entered a strawberry packing plant near the Oregon border and disrupted the work, according to Mike Fahner, owner of the Cedar Point Nursery.

The two companies then joined in a lawsuit seeking to have the California union access regulation declared unconstitutional. They lost before a federal judge and the 9th Circuit Court of Appeals in San Francisco, but the Supreme Court voted to hear their appeal.

Lawyers for the Pacific Legal Foundation representing the farm owners argued the Constitution “forbids the government from requiring you to allow unwanted strangers on to your property.”

In defense of the rule, California officials called it a temporary regulation of property, not a taking of the grower’s land. Union organizers may enter a farm for one hour before the start of the workday or for an hour at the end of the day.

The state’s lawyers said the rule is similar to federal and state laws that allow meat and poultry inspectors to go into packing plants or health and safety inspectors to visit warehouses, manufacturing plants or construction sites.

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California’s slow vote count faces changes as Supreme Court decision on late ballots looms

California’s slow vote counting process — still underway and causing friction after last week’s primary — may be forced to change before November’s midterm elections, as the U.S. Supreme Court prepares to rule on whether mail ballots must be received by election day to count.

Whether those changes will speed things up — and help tamp down baseless claims from President Trump and others that the slow count is evidence of fraud — will depend on a variety of factors, election experts said, including how the high court rules, how state lawmakers and local elections officials respond, and whether they push any additional steps to quicken the count.

“We’re all on the edge of our seats, waiting to see what the Supreme Court does,” said Kim Alexander, president of the California Voter Foundation.

“We’re certainly planning for a bad Supreme Court decision in this case, but we don’t really know all of our options for how to respond until we see the court’s decision,” said Assemblymember Gail Pellerin (D-Santa Cruz), chair of the Assembly Elections Committee and a former top elections official in Santa Cruz County.

Pellerin said she has been working on contingency plans with other state officials — including some from the offices of Gov. Gavin Newsom, Secretary of State Shirley Weber and Atty. Gen. Rob Bonta — and has requested $35 million in state funds to educate voters on any new midterm deadlines, though that funding has not been appropriated.

Federal law has, since 1872, set “election day” as the first Tuesday following a Monday in November, and gives Congress oversight over elections for the president and members of Congress. However, most authority for running elections falls to the states.

California currently provides a grace period for ballots to be counted as long as they are postmarked by and received within seven days of election day. More than a dozen states have similar laws that allow for counting late-arriving ballots, and most states accept such mail ballots from members of the military who are stationed overseas.

In March, the nation’s high court heard arguments about a five-day grace period in Mississippi, with the court’s conservative majority appearing skeptical. Many observers expect from those arguments that the high court will rule, by the end of this month, that ballots — at least for federal races — must be received by election day to count.

That outcome — in the case Watson vs. Republican National Committee — is considered likely but not assured, and some elections experts believe the high court has little legal precedent to support such a conclusion.

“That is a bogus interpretation of the statute,” said Rick Hasen, an election law expert and director of the Safeguarding Democracy Project at UCLA Law. “It violates what the statute says as a matter of text and history, and just how it’s been understood since the Civil War basically.”

Hasen and others also doubt that such a change would have much impact on the speed of California’s vote counting process, given that huge volumes of mail ballots that are placed in ballot drop boxes or arrive at processing facilities on or just before election day would still count — and would still drag the counting process out for days after the election.

In 2024, California counted more than 406,000 late-arriving mail ballots, but they represented only about 2.5% of the statewide total.

“The main bottleneck is really not ballots that arrive after election day. The bottleneck is ballots arriving before or on election day,” Hasen said. “So I don’t think the Watson case — however it comes out — is going to appreciably change California’s timing on when they’ll get enough ballots counted in a close race for it to be able to be called by news organizations.”

Nonetheless, state and local elections officials are preparing for changes — and looking for other ways to speed up the vote count, which, as of Monday, had resulted in more than 7.7 million ballots counted from last week’s primary, but more than 1.7 million left to process.

State plans unclear

If the Supreme Court were to rule that votes cast in federal elections must be received by election day, California would need to respond quickly.

It would need to craft a messaging campaign to inform millions of voters of the new rules, and determine when to tell voters they must mail their ballots by in order for their votes to count, experts said. That calculation may be shaped in part by efforts by the Trump administration to assert federal control over the mail ballot process through the U.S. Postal Service, which California and other states are fighting in court.

California officials may also need to determine whether they will create a “bifurcated counting process” with different rules for primary and general elections and different rules for federal races and state and local races on the same ballots, Alexander said, as a narrow Supreme Court ruling may not apply to them all equally.

“That’s a big policy decision that lawmakers will need to make, and I’m not sure how that would go,” Alexander said, citing a lack of detailed public plans from state and local elections officials.

Weber — who urged voters to cast ballots early in last week’s election — did not respond to a request for comment.

Brandon Richards, a spokesperson for Newsom, said the governor’s office doesn’t comment on “hypotheticals,” but that Newsom “is planning for all eventualities, including but not limited to attacks on our democracy and disruptions in our elections.”

Bonta’s office said it is “in communication with election officials and actively preparing for the possibility that the U.S. Supreme Court could require changes to California’s election procedures,” but that it could not provide details.

Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, said he was “not in a position to discuss specific contingency planning details” given the high court has yet to rule, but that his office “is closely monitoring the case and has begun evaluating potential impacts to election administration.”

If changes are required by the court, Logan said his office “is prepared to undertake a comprehensive voter education and outreach effort to ensure voters understand any new requirements, deadlines, or voting options,” which would be “multilingual, multi-channel, and designed to reach voters directly across Los Angeles County, particularly in communities that rely heavily on voting by mail and those that have historically done so.”

Funds needed for faster count

Alexander’s group has backed Pellerin’s request for $35 million for a marketing campaign to encourage voters to send midterm ballots in early, and advocated for another $55 million in state funding to support county efforts to build up their vote processing capabilities.

H.D. Palmer, a spokesperson for the California Department of Finance, said it would be “premature” to comment on those requests, but “discussions have been underway and are continuing.”

Both Alexander and Hasen said California should be investing more in its ballot processing capabilities even if the current process is fair and secure and the claims of fraud are baseless, because those claims have succeeded in diminishing trust.

“On the one hand, this is a manufactured crisis. There is nothing that is intrinsically bad about a slow count for a race,” Hasen said. “On the other hand, we live in an era of profound distrust in institutions and in the integrity of elections, in no small part because of Donald Trump.”

In 2012, slightly over half of all California votes were cast via mail ballots. However, that number has increased dramatically since, thanks in part to an expansion during the COVID-19 pandemic, and nearly 89% of ballots were cast by mail in last year’s special election.

Alexander said that throughout that same period, California lawmakers have passed new laws to expand access to the ballot but have not provided counties with the necessary funding to keep up with the volume — meaning “counties are left holding the bag.”

Alexander said California should fix that by providing consistent state funding for new ballot counting machines, more modern and efficient county processing facilities, and an expansion of a program backed by Pellerin and available in some counties already that allows voters dropping off ballot envelopes in person to essentially convert those ballots into in-person votes on the spot — which Alexander called a “hybrid” option that saves counties a huge amount of processing time.

She said the state spent millions to educate voters on new COVID-related vote-by-mail protocols and deadlines in 2020, and it led to both record turnout and a faster count — proving access and speed are not mutually exclusive.

“We’re being asked to make a false choice,” Alexander said. “It is possible to have accessible, secure, reliable and verified elections, and also an accelerated vote count.”

Times staff writer David G. Savage in Washington contributed to this report.

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