SCOTUS Raises Bar For Obstruction Charge Against Trump - Free Websites, Share News And Posts Publicly

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June 28, 2024

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What’s going on today?

SCOTUS curbed federal agency powers.
Dechert is considering shuttering offices in Hong Kong, Beijing.
Texas top court upholds ban on gender-affirming care for minors.
Plus, your week in review.

Got a sec? I’d love to know what you like (and don’t like) about The Afternoon Docket. Survey here.

Have a great weekend!

U.S. Supreme Court raises bar for obstruction charge against Trump, Jan. 6 rioters

Shannon Stapleton/File Photo

The U.S. Supreme Court raised the legal bar for prosecutors pursuing obstruction charges in the federal election subversion case against Donald Trump and defendants involved in the Jan. 6, 2021, attack on the Capitol. Read the opinion.

Here’s what the decision could mean for other Jan. 6 cases, including Trump’s.

The court released two other opinions today. The justices backed anti-camping laws used against homeless people in Oregon (read the opinion). The court also dealt a major blow to federal regulatory power, overturning a 1984 precedent known as “Chevron deference.” Read the opinion.

Here’s what that ruling could mean for the NLRB.

The Supreme Court will wrap up its term on Monday. A ruling in Trump’s presidential immunity case is expected to be announced then, along with several other remaining cases.

More top news:

And, read our first Legal Fee Tracker.

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Week in review …

Julian Assange waves as he arrives in Canberra, Australia, June 26, 2024. REUTERS/Edgar Su

Julian Assange …

Julian Assange is now free and back home in Australia after pleading guilty to violating U.S. espionage law … Although pleased with the news of the Wikileaks founder’s release, free-speech organizations said the U.S. case still sets a bad precedent for journalism … His wife Stella Assange said they would seek a pardon because the acceptance of guilt on an espionage charge was a “very serious concern” for journalists around the world.

Abortion rights …

The Iowa Supreme Court ruled today that the state can enforce a ban on most abortions after about six weeks of pregnancy. This ruling comes one day after the U.S. Supreme Court ruled on a strict Idaho abortion law, allowing emergency abortions in the state, for now. Experts say the ruling offers no real clarity for states. There are a dizzying number of state lawsuits on the docket two years after the Surpeme Court overturned Roe v. Wade, with another case added this week. Wisconsin’s highest court is expected to agree to hear a lawsuit by Planned Parenthood asking it to recognize a right to abortion in the state.

Legal education …

The U.S. Supreme Court’s decision last year to strike down affirmative action has not deterred diverse would-be lawyers from applying to law schools … Law school graduates four years into their careers earn a median $72,000 after subtracting their debt payments, though that figure varies widely depending on which law school they attended … Texas unveiled its plan to begin using the new bar exam in July 2028, but officials are asking the public to weigh in before the change is official … Students and alumni of the beleaguered Golden Gate University are seeking a court injunction to keep the school open for the coming academic year.

Did these LGBTQ+ rights lawyers judge-shop? This Alabama court thinks so.

A three-day hearing is underway before a federal judge in Alabama, who summoned 11 lawyers from leading LGBTQ and civil rights organizations as well as pro bono counsel from Cooley and a former King & Spalding partner, to “show cause why they should not be sanctioned” for judge shopping in 2022 litigation involving gender affirming care. It’s a case that strikes columnist Jenna Greene as rich in irony, highlighting dubious moves by lawyers and judges alike, as well inconsistencies in what’s viewed as judge shopping.

Check out other recent pieces from our columnists: Alison Frankel and Jenna Greene