“How Many Republican Votes Are Needed to Subpoena Bolton? 4, 3 or None? Scant precedent and gaps in written procedures make the rules for calling witnesses in President Trump’s impeachment trial debatable.” Charlie Savage of The New York Times has this report.
“Virginia finalizes passage of Equal Rights Amendment, setting stage for legal fight”: Gregory S. Schneider and Laura Vozzella of The Washington Post have this report.
“Water wars: Supreme Court gives Georgia, Florida 45 days to respond; Notice could signal oral arguments in long-running water rights case.” Tamar Hallerman of The Atlanta Journal-Constitution has this report.
“Ninth Circuit Clears ‘Fairbanks 4’ to Sue City for Malicious Prosecution”: Karina Brown of Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued last Wednesday.
“Impeachment by Day, Drum Solo by Night. More cowbell! Trump’s lawyer, Jay Sekulow, is the Beltway John Bonham, churning out propaganda rock with John Elefante from the band Kansas.” Tyler Foggatt has this Talk of the Town item in the February 3, 2020 issue of The New Yorker.
“Separating church and state is nothing like racial discrimination; Conservatives judges’ attempts to compare separation of church and state to racism are misguided”: Steven Mazie has this essay online at The Washington Post.
“Supreme Court Allows Trump’s Wealth Test for Green Cards; The new policy revised the so-called public charge rule, making immigrants ineligible for permanent legal status if they use public benefits like Medicaid and food stamps”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court allows Trump administration to proceed with immigration rules.”
Brent Kendall of The Wall Street Journal reports that “Supreme Court Allows Trump to Implement Income-Based Restrictions on Immigration; Regulations expand the pool of people who could be considered a likely ‘public charge’ in the U.S.”
Richard Wolf of USA Today reports that “Supreme Court allows Trump policy against immigrants receiving public aid to go into effect.”
Stephen Dinan of The Washington Times reports that “Supreme Court gives Trump go-ahead to deny immigrants who use welfare.”
Mark Sherman of The Associated Press reports that “Justices allow enforcement of new green card rule.”
Greg Stohr of Bloomberg News reports that “Trump’s Immigrant Wealth Test Cleared to Start by Supreme Court.”
Pete Williams of NBC News reports that “In 5-4 ruling, Supreme Court allows Trump plan to deny green cards to those who may need gov’t aid; DHS said last year that it would expand the definition of ‘public charge’ to be applied to people whose immigration to the U.S. could be denied because of a concern that they would primarily depend on the federal assistance.”
Ariane de Vogue of CNN reports that “5-4 Supreme Court allows rule that could reshape legal immigration to take effect.”
Shannon Bream and Bill Mears of Fox News report that “Supreme Court allows Trump administration to enforce ‘public charge’ immigration restriction.”
Susannah Luthi of Politico reports that “Supreme Court allows Trump to enforce ‘public charge’ immigration rule; The justices lifted a nationwide injunction against a sweeping policy targeting poor immigrants.”
And Harper Neidig of The Hill reports that “Supreme Court allows Trump administration to move forward with ‘public charge’ rule.”
You can access today’s 5-to-4 order of the U.S. Supreme Court, and the opinion of Justice Neil M. Gorsuch, in which Justice Clarence Thomas joined, concurring in the grant of stay, at this link.
“John Roberts Can Call Witnesses to Trump’s Trial. Will He? Democratic House managers should ask the chief justice to issue subpoenas for John Bolton and others.” Law professors Neal K. Katyal and Joshua A. Geltzer and former U.S. Representative Mickey Edwards (R-OK) have this essay online at The New York Times.
And at “Just Security,” Aaron Astor has a post titled “How Chief Justice Chase in Johnson Impeachment Decided on Witnesses; An opening for Chief Justice Roberts?“
“Cassandra Moment”: You can access via this link today’s new installment of the “Strict Scrutiny” podcast, featuring law professors Melissa Murray and Leah Litman.
“A Proposal to Offset Prosecutors’ Power: The ‘Defender General’; If criminal defendants are to face a level playing field at the Supreme Court, a new article says, fundamental change is needed.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in one case.