Kimberly Robinson
@KimberlyRobinsn
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Supreme Court reporter for @blaw . Mom, runner... nerd. RT ≠ endorsement. Co-host of #CasesPod . #SCOTUS
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And the winner of financial disclosures is... Justice Ketanji Brown Jackson who reported that Beyonce Knowles-Carter gifted her four concert tickets valued at $3,711.84.
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NEW: The Supreme Court will hear arguments over the legality of Biden's vaccine mandates on Jan. 7.
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#SCOTUS
orders county boards in Pennsylvania to segregate mail-in ballots received after 8 pm on Election Day.
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Justice Jackson takes her walk down the Supreme Court steps with Chief Justice Roberts following her formal investiture to the Court.
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BREAKING: Supreme Court upholds Affordable Care Act.
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Chief Justice Roberts for the Court: In our judicial system, the public has a right to every man’s evidence. Since the earliest days of the Republic, “every man” has included the President of the United States.
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Sandra Day O’Connor had 3 kids. Ruth Bader Ginsburg had 2.
Judge Amy Coney Barrett is demonstrating to the world that becoming a Supreme Court Justice is what a mom can do. I look forward to voting to
#ConfirmACB
today.
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Special Counsel Jack Smith is wrapping up his investigation into Trump’s refusal to return classified documents after his election defeat & is poised to announce possible criminal charges, according to people familiar with the matter.
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BREAKING:
#SCOTUS
inadvertently released its opinion in EMTALA abortion case earlier this morning. The Justices are poised to allow emergency abortions in Idaho, suggesting the Court shouldn't have gotten involved in the early litigation.
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Allowing states to punish electors for failing to vote for the candidate that won the state's popular election "accords with the Constitution—as well as with the trust of a Nation that here, We the People rule," Justice Kagan wrote for a unanimous
#SCOTUS
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From last night: PA Secretary of State Kathy Boockvar reporting that approximately 10K ballots were received after polls closed on Election Day through Nov. 6 deadline. That's not enough to overcome Biden's 47K+ lead in the Keystone State.
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NEW: The US Supreme Court won’t take up the appeal of Derek Chauvin, who’s killing of George Floyd set off worldwide protests over police brutality and racial injustice. No 23-416.
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Supreme Court says federal anti-discrimination laws protects LGBT workers. The decision is 6-3 with Gorsuch writing for the majority which includes Roberts, Ginbsburg, Breyer, Sotomayor, & Kagan.
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“If it turns out the court didn’t investigate one of the likeliest groups of suspects, that would be a bad look,” said
@danepps
.
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#SCOTUS
rejects GOP bid to stop Pennsylvania from certifying its election results. No. 20A98.
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NEW:
#SCOTUS
won't halt Nevada's ban on more than 50 people in places of worship. Justices Thomas, Alito, Gorsuch, and Kavanaugh dissent. (19A1070)
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Gorsuch acknowledges that "Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result.... But the limits of the drafters’ imagination supply no reason to ignore the law’s demands."
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No pictures allowed, but Justice Ginsburg is in the house to celebrate that the editors-in-chief of the Top 16 law reviews are all women. Oh, and Judges Pam Harris, Nina Pillard, and Sri Srinivasan are here too.
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BREAKING: The U.S. Supreme Court denies Trump request to block documents from being turned over to Jan 6 committee.
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BREAKING:
#SCOTUS
says NYC can get access to President Trump's financial records. The decision is 7-2
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LISTEN: Her historic confirmation as the first Black woman justice was followed by months of oral arguments in which she spoke almost twice as much as any other of her colleagues.
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Emory Law School’s Michael Broyde says a panel of chief judges of the US circuit courts of appeal should review disputed
#SCOTUS
recusal decisions.
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Happy 29th anniversary to Clarence Thomas, who took his seat Oct. 23, 1991.
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The US Supreme Court refused to hear two cases testing the scope of a legal doctrine that shields police officers from being held liable when they kill someone on the job, drawing sharp dissents from Justice Sonia Sotomayor.
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Justices Disclose Bali Trip, Beyonce Tickets and Book Royalties
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The decision in Bostock is combined with R.G. & G.R. Harris Funeral Homes, on protections for transgender workers. Court says all LGBT workers are protected under federal law.
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BREAKING:
#SCOTUS
says DHS decision to rescind DACA was arbitrary and capricious under the APA
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NEW: The Supreme Court will release one or more opinions tomorrow at 10.
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The Court’s order does not invalidate these ballots or prevent them from being counted. All it means is that there must be a way to identify these ballots should the Court eventually invalidate them.
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1st
#SCOTUS
opinion in No 17-1618 Bostock v Clayton Cty, GA asking Title VII’s protections against “sex discrimination” includes discrimination based on sexual orientation. Background:
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Ketanji Brown Jackson made her mark on US Supreme Court arguments like no other new justice in memory.
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Pa officials had already ordered these ballots be kept separate but “neither the applicant nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them.”
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I’m an earlier version of this case, Justices Alito, Thomas & Gorsuch suggested they’d be ok invalidating these ballots post-election. Notably missing were Chief Justice Roberts and Brett Kavanaugh.
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NEW:
#SCOTUS
quickly rejects attempt by GOP Rep Gohmert to overturn 2020 presidential election.
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NEW: Justice Ginsburg has completed a 3 week course of radiation therapy to treat a tumor on her pancreas. “The tumor was treated definitively and there is no evidence of disease elsewhere in the body.”
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A California State Bar Court judge on Thursday preliminarily found Trump attorney John Eastman culpable in the 11-count trial on moral and legal violations for allegedly conspiring to invalidate the 2020 presidential election.
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In Bostock,
#SCOTUS
says: "An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision."
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Chief Justice on DACA: "The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so."
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First historic live Supreme Court arguments will be feature all female advocates.
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#SCOTUS
dismisses emoluments challenges against President Trump. Nos 20-330 & 20-331. Background:
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NEW: Justice Ginsburg was discharged from the hospital. She’s “home and doing well,” per
#SCOTUS
Public Information Office.
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#SCOTUS
will hear arguments in both the CMS mandate (for health care providers that take Medicare, Medicaid) & the OSHA mandate (for employers with 100 or more employees).
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“If we’re going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth or history,” Jackson said at a memorial service commemorating four Black girls killed in a 1963 church bombing in Birmingham.
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NEW: Special Counsel Jack Smith asks
#SCOTUS
to weigh in on whether former President Trump is immune from prosecution for crimes committed while in office relating to efforts to overturn the 2020 Presidential election. No 23-624 US v. Trump. Petition here:
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So long story short, Trump losses in NYC case, but those documents are subject to confidentiality. So President's financial records seem unlikely to become public before 2020 election as
#SCOTUS
sent the Congressional cases back to lower courts for further review.
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Goldstein said the bench is very different now from when he started in 1999. It has become so conservative, he said there’s “very little that an advocate for the little guy can hope to accomplish any more.”
Veteran Supreme Court litigator Thomas Goldstein is retiring after 25 years arguing cases before the high court and co-founding the SCOTUSblog website.
Goldstein said he is ready to try something else after arguing a total of 45 Supreme Court cases.
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Chief Justice Roberts joins his Democratic-appointed colleagues saying La law imposes a burden on access to abortion nearly identical to the Texas law invalidated by
#SCOTUS
in 2016
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Jackson’s Path to Court Topples 233-Year Barrier for Black Women
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A South Carolina judge temporarily halted the state from enforcing a ban on abortions after six weeks, with limited exceptions for preserving the health or life of the woman, fetal abnormalities, rape, and incest.
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The Catholic Church in California will have to face decades-old abuse claims after the US Supreme Court refused on Tuesday to take up its case.
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Until today, Kavanaugh had been in the majority in 100% of the argued cases the Court had decided. Hell of a case to break the streak.
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NEW:
#SCOTUS
won't halt Florida's pay-to-vote system for those with prior felony convictions. Ginsburg, Sotomayor, and Kagan dissent.
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Justices Say Muslim Men Can Sue FBI Agents Over ‘No Fly’ List
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Justice Brett Kavanaugh was confirmed to the Supreme Court one year ago today.
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Update on
#SCOTUS
mask watch: Justice Sotomayor back in the courtroom for arguments as other justices drop masks.
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#SCOTUS
won’t hear No 19-168 Remington v. Soto allowing suit against gun manufacturer related to Sandy Hook massacre. Background:
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BREAKING: The U.S. Supreme Court will hear both the Biden admin's and abortion provider's challenges to Texas abortion law on Nov. 1.
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In a 7-2 ruling,
#SCOTUS
says Texas and other red states don't have standing to challenge the act.
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#SCOTUS
unanimously sided with the Justice Department, which urged the Justices not to disturb a lower court ruling that carved out certain documents from the special master's review.
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The US Supreme Court rejected an appeal from Elon Musk in his “Twitter sitter” case, leaving intact his agreement with the Securities and Exchange Commission to have an in-house lawyer pre-approve his social media posts about Tesla Inc.
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Breyer's dissent starts: "In 2020, 45,222 Americans were killed by firearms. Since the start of this year (2022), there have been 277 reported mass shootings—an average of more than one per day."
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The Court decision is based on the Administrative Procedure Act, not equal protection, which means the Trump administration could go back and fix the mistake and undo DACA.
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#SCOTUS
denies Pa GOP request to stay court-drawn maps. Request referred to entire court. No dissent noted.
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Attorney General Merrick Garland is increasingly turning to an undersized appellate office for counsel on Jan. 6 and other notable criminal cases, a strategy rooted in his time leading the Oklahoma City bombing prosecution.
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"Between 2003-2017, nearly 9,500 women were killed as a result of domestic violence--50% of those murders were committed with a gun. The presence of a firearm in a household increases the chances that a woman will be killed by 1,000%."
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Sotomayor, Gorsuch issue joint statement on masks in the courtroom. "Reporting that Justice Sotomayor asked Justice Gorsuch to wear a mask surprised us. It is false. While we may sometimes disagree about the law, we are warm colleagues and friends."
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NEW:
#SCOTUS
won't halt Sen. Graham’s grand jury questioning in Georgia 2020 election investigation. There was no noted dissent. Background:
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Took the 20 “break” from
#SCOTUS
confirmation hearings to finish up 8-YO’s science project. Did someone say something about working mothers?
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Oh my.
Kato Crews, a magistrate judge in Denver who’s been selected for a district court seat there, couldn’t define a Brady motion and how to analyze it at his confirmation hearing on Wednesday.
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In Cooper v Harris,
#SCOTUS
says NC redistriciting was unconstitutional racial gerrymander
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2nd
#SCOTUS
opinion in No 18-1323 June Medical Serv v. Gee, a Louisiana law requiring admitting privileged for abortion doctors at local hospitals.
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Kavanaugh Urged to Sit Out Facebook Case Due to Friendship
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What a bonkers day for vote lineups.
Transunion: 5-4 with Thomas with libs in dissent.
HollyFrontier: 6-3 with Barrett, Sotomayor, Kagan in dissent.
Confederated Tribes Of Chehalis Reservation: 6-3 with Gorsuch, Thomas, Kagan in dissent.
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Justice Sandra Day O'Connor was sworn in as the first female Supreme Court Justice on this day in 1981.
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This is the third & fourth time this term the court has taken cases off the shadow docket and onto the regular merits docket for arguments. Previous cases were over Texas abortion ban & religious advisors in execution room.
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Duke is holding an all day conference on women in the law to celebrate that the editors-in-chief of the Top 16 law reviews are all women. “That’s so cool,”
@neal_katyal
says.
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NEW: The US Supreme Court won’t halt release of former President Trump’s financial records to Congress. There is no noted dissent.
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BREAKING:
#SCOTUS
removes restrictions on abortion pill, undoing Texas & Fifth Circuit orders. Nos. 22A901 & 22A902.
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NEW:
#SCOTUS
will release it's final three opinions, including in the Trump tax cases, tomorrow at 10.
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Justice Ginsburg gives props to Justice Kavanaugh for having the first all-female law clerk class at the Supreme Court. It was part of the reason why, for the first time, more women than men clerked at the Court.
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@SenWhitehouse
adds to the chorus of complaints over document production process. Says the committee confidentiality rule isn't a valid rule. Says it is an illegitimate process.
#KavanaughHearings
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Trump had asked
#SCOTUS
to let a court-appointed "special master" review approximately 100 documents with classified markings that were seized during the Aug. search.
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@SenWhitehouse
does "highlights reel" of "Roberts 5," citing gerrymandering, campaign finance, corporate interests
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NEW:
#SCOTUS
will review Trump administration's plan to exclude undocumented immigrants from apportionment of Representatives. This latest census case will be argued Nov. 30.
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