Coming at Us from the Court This Week

We talked about the last batch of Supreme Court Decisions last week. Now comes the week of decision for the last of the six. We take no partisan position on this, since the Legal Section was pretty stern about the matter. So, in preparation for what may be coming on Wednesday, we offer only a brief synopsis of what the Court will hold that affects us all.

Like, Wednesday:
1. Federal Agency Power
The Chevron doctrine is at stake. Precedent has stood for 40 years that courts should defer to Executive Branch expertise in interpreting laws unclear in Congressional intent. EPA and SEC edicts prompted the suit, filed by two small fishing companies who allege the National Marine Fisheries Service edict requiring onboard monitoring amounted to ‘onerous regulation.’ The ruling will affect not only the EPA and the SEC but also myriad other federal agencies. Maybe the biggest deal of the six.

2. Trump Immunity Case
Former President Trump argues he should be immune for his activity after the 2020 election to deal with what he described as “election fraud.” Special counsel Jack Smith charged him with conspiracy to subvert the 2020 election. At stake is some degree of lega immunity, while the impact on the pending election is something beyond the court and before us all.

3. Social Media Contacts
Can federal government officials be prohibited from communicating with social media companies to take down what it deems false or misleading content? Two State Attorney Generals allege such activity violates First Amendment rights. Accused are the FBI, CDC, Surgeon General’s office, the White House, and others.

4. Abortion Issues
Roe v. Wade did not make abortion illegal, instead returning the matter for jurisdiction by the states. Some of them took action. In Idaho’s “Defense of Life Act,” abortion was banned under all circumstances unless it is deemed “necessary to prevent the death of the pregnant woman.” This is Administration vs. State, with DC saying the Idaho law violates the federal “Emergency Medical Treatment and Labor Act,” which mandates ER “stabilization” procedures.

5. Other Social Media Issues
Texas and Florida bans on social media bar social media companies from taking down or demoting user content that expresses certain views, coming in the wake of allegations that social media companies were targeting conservatives for censorship or deplatforming. Those mandates may not be blocked entirely and could permit regulation of certain non-expressive internet services such as email or direct messaging.

6. Jan. 6 Obstruction Clause
This decision may affect the DoJ prosecution of people who entered the U.S. Capitol on Jan. 6, 2021. Protestor Joseph Fischer was charged with “corruptly obstructing, influencing, or impeding” an official proceeding.AG Merrick Garland, whose nomination to SCOTUS was thwarted suggested he would be prepared to drop cases for Jan. 6 defendants who were charged under that statute if the Court so deemed. He said he respected the institution to which he was denied entry.

Stand by for news as it happens. This could be an interesting week!

Copyright 2024 Vic Socotra
www.vicsocotra.com