newyorker.com
On a personal level, Trump probably shouldn’t be trusted to put a stamp on an envelope. In recent weeks, he has talked about being a bit of a dictator and accused migrants of “poisoning the blood of our country.” But, on a legal level, as the dissenting justices in Colorado recognized, the question of trust is not just about him. The case, Norma Anderson et al. v. Jena Griswold—Anderson is a Republican voter and Griswold is Colorado’s secretary of state—raises fundamental questions for our democ…
5 months ago
newyorker.com
This year is about voting, in all its hazardous glory. There are different ways of counting, but The Economist has tallied seventy-six countries where the whole eligible population has the chance to vote, even if, as in Brazil, it’s only for local offices. (That election, in October, should serve as a midterm assessment of President Luis Inácio Lula da Silva.) The countries involved—from Algeria to Iceland, Indonesia, and Venezuela—are startlingly varied, including in their commitment to actual…
4 months ago
newyorker.com
Sauer stalled and tried to qualify his answer by saying that such a President would need to be, and indeed “would speedily be,” impeached. Pan interrupted to say that that was more easily said than done. “I asked you a yes-or-no question,” she tried again. “Could a President who ordered SEAL Team 6 to assassinate a political rival, who was not impeached—would he be subject to criminal prosecution?”
“If he were impeached and convicted first,” Sauer said.
“So your answer is no,” Pan said.
As every…
4 months ago
newyorker.com
There was a brief time when it seemed possible that prominent Republicans would recoil from the idea of being Trump’s sidekick. The last person to hold the job, Mike Pence, was threatened with lynching after he refused to go along with his boss’s plan for a coup. But the proliferating lists of serious aspirants include governors, senators, and members of the House, in addition to various MAGA hangers-on. (Donald Trump, Jr., told Newsmax that Tucker Carlson would “certainly be a contender.”) Elis…
4 months ago
newyorker.com
Fourteenth Amendment, Section 3 No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrectio…
3 months ago
newyorker.com
This week, the case has been a torrent of briefs and motions. In the Monday filing, Trump asked the Court to keep the proceedings in the January 6th case—which Jack Smith, the special counsel, brought against him in federal court in the District of Columbia—on hold while he prepares what is known as a petition for certiorari. This petition would ask the Justices to overturn a ruling by a three-judge panel of the Court of Appeals for the D.C. Circuit, which rejected Trump’s claim that he is immun…
3 months ago
newyorker.com
Trump v. United States is the better known of the two April cases; indeed, it is notorious, because of how extreme Trump’s claims are. He is arguing that former Presidents are immune from criminal prosecution for any allegedly “official acts” that took place during their terms, unless they are impeached by the House and convicted by the Senate first. Trump was impeached but acquitted, a fact that he spun into a far-fetched complaint about double jeopardy, which the Court, to its credit, did not…
2 months ago
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In March, 2016, when the F.D.A. made the first of the rule changes that the A.H.M.—a medical group whose members, it says, oppose abortion with “purity and holiness”—is challenging, Donald Trump had not yet secured the Republican nomination, let alone appointed three Justices. As President, he remade the Court even as he transformed his party. We now live in a reality shaped not by Roe v. Wade but by Dobbs v. Jackson Women’s Health Organization, the 2022 decision that found that there is no cons…
about 2 months ago
newyorker.com
As Jackson pointed out, “the obvious common-sense remedy” would be to provide any such doctors with an exemption—which, as it happens, they already have. Federal law allows doctors to decline to take part in an abortion at any stage. The A.H.M. wants “more than that,” Jackson said. “And I guess I’m just trying to understand how they could possibly be entitled to that.”
She wasn’t the only Justice to wonder. Justice Brett Kavanaugh, who was part of the conservative majority that overturned Roe v.…
about 2 months ago
newyorker.com
That’s the theory, anyway. But the focus will not only be on New York. In a ten-day period beginning on Tuesday, the second day of jury selection, the Supreme Court will hear oral arguments in two cases—Fischer v. United States and Trump v. United States—that could each undermine another indictment that Smith brought in Washington, D.C., involving Trump’s actions in the lead-up to the assault on the Capitol on January 6, 2021. The Fischer case will be heard first, on April 16th. It is a challeng…
about 1 month ago
newyorker.com
That sorry episode was revisited, repeatedly and somewhat incongruously, before the Supreme Court on Tuesday, in oral arguments for Joseph W. Fischer v. United States. Fischer was part of the mob that assaulted the Capitol on January 6, 2021. He, like hundreds of other January 6th defendants, has been charged with, among other things, violating the Sarbanes-Oxley Act, a law that Congress passed, as Justice Elena Kagan put it on Tuesday, when “it had just gone through Enron” and had wanted to be…
29 days ago
