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The U.S. Supreme Court’s presidential immunity ruling puts the future of the federal case accusing Donald Trump of attempting to overturn his 2020 election defeat squarely in U.S. District Judge Tanya Chutkan’s court, reports Andrew Goudsward.
The high court’s 6-3 conservative majority ruled that Trump has broad protection from criminal prosecution for actions that fall within his official responsibilities as president. The court largely delegated to Chutkan the complex task of determining how to apply that immunity in the case brought by Special Counsel Jack Smith.
Chutkan will have to conduct a detailed examination of the indictment against Trump to determine which of his actions are official and must be stricken from the case and which are private acts that can proceed to trial. That process will make it nearly impossible for a jury to decide Trump’s guilt or innocence before the Nov. 5 election.
“It’s probably one of the most challenging trial court responsibilities, certainly in my lifetime, that any district judge has been required to do,” said Paul Grimm, a former federal judge who leads the Bolch Judicial Institute at Duke Law. “It will be a roadmap for the future prosecution of the case.”
Trump would likely appeal her initial rulings, which could lead to more delays.
For more on the ruling, check out Jack Queen’s story on its takeaways.
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- Donald Trump ally Steve Bannon reported to prison to serve a four-month sentence after he was convicted for defying a congressional subpoena from the committee that probed the Jan. 6, 2021, U.S. Capitol attack. A defiant Bannon arrived at a low-security federal prison, and spoke to reporters and a cheering group of supporters. He called himself a “political prisoner” and said his right-wing populist followers would spread his message while he served his sentence.
- Civil rights activists have decided not to ask the conservative-majority U.S. Supreme Court to review a federal appeals court’s ruling that would sharply curtail lawsuits in parts of the country seeking to enforce a landmark voting rights law’s protections against racial discrimination. The Arkansas Public Policy Panel and the Arkansas State Conference NAACP had faced a Friday deadline to ask the justices to hear an appeal of a lower-court’s decision holding that only the government and not private plaintiffs can pursue cases enforcing Section 2 of the Voting Rights Act.
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After ending its current term with a pair of decisions that will make it easier to challenge regulations issued by U.S. agencies, the Supreme Court has a ripe opportunity in its next term to declare that dozens of the most important federal commissions in the U.S. are unconstitutionally structured. Alison Frankel has the story on a little-noticed June 14 petition with potentially “seismic” consequences.
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“There is simply no precedent for concluding that Plaintiffs enjoy a fundamental right to cultivate, process, and distribute marijuana.“
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—U.S. District Judge Mark Mastroianni, who dismissed a lawsuit by several Massachusetts cannabis businesses that argued the federal prohibition on marijuana is unconstitutional, saying only the U.S. Supreme Court could overturn its 2005 ruling upholding the law. He rejected additional arguments that the ban violated the business’ due process rights, as well. Cannabis businesses represented by prominent litigator David Boies had urged Mastroianni to conclude the Supreme Court’s ruling could not be applied anymore because the landscape surrounding marijuana regulation had changed so much over two decades.
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- The Delaware judge overseeing the historic court auction of shares in a parent of Citgo Petroleum will get an update on bidding expected to result in the seventh-largest U.S. oil refiner being sold to satisfy $21.3 billion in claims against Venezuela. A lawsuit by Canadian miner Crystallex Corp tied Venezuela-owned Citgo to the South American country’s debts.
- London’s High Court is expected to give a ruling on a patent dispute between Pfizer, its German partner BioNTech, and Moderna over technology key to the development of vaccines for COVID-19. Pfizer and BioNTech sued Moderna in September 2022, seeking to revoke patents held by Moderna, which hit back days later alleging its patents had been infringed.
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Court calendars are subject to last-minute docket changes.
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- A Delaware judge rebuffed GSK and other drugmakers’ request to appeal a ruling allowing more than 70,000 lawsuits claiming that heartburn drug Zantac caused cancer to go forward. The ruling by Judge Vivian Medinilla of the Delaware Superior Court means that the drugmakers, which also include Pfizer, Sanofi and Boehringer Ingelheim, will now have to ask the Delaware Supreme Court directly for permission to appeal. GSK said it had already submitted its appeal to that court.
- U.S. District Judge Sam Cummings in Lubbock, Texas, rejected a small marketing firm’s bid to block the Biden administration’s rule extending mandatory overtime pay to 4 million U.S. workers. In a brief decision, Cummings said Flint Avenue had not shown that the U.S. Department of Labor rule would cause the company irreparable harm, a requirement to stop it from taking effect as planned.
- The 10th Circuit allowed the Biden administration to move forward with implementing a key part of a new student debt relief plan designed to lower monthly payments for millions of Americans. The court put on hold an injunction issued by a judge in Kansas last week at the urging of Republican-led states, which argued the U.S. Department of Education’s debt relief plan was unlawful.
- U.S. District Judge Halil Suleyman Ozerden in Gulfport, Mississippi, blocked the state from enforcing a new law that requires users of social media platforms to verify their ages and restricts access by minors to their sites if they lack parental consent, saying it was likely unconstitutional. The judge sided with tech industry trade group NetChoice in finding the law unduly restricted its users’ free speech rights in violation of the First Amendment.
- The owner of defunct crypto lender Silvergate Bank has agreed to pay $63 million to end probes by the SEC and other regulators over compliance lapses, the first federal enforcement action brought against entities and individuals in relation to a crop of bank failures in 2023. The Federal Reserve and a California regulator said they found deficiencies in Silvergate’s monitoring of transactions in compliance with anti-money laundering laws, while the SEC said the bank and three of its top executives made misleading statements.
- Chicken Soup for the Soul Entertainment, which owns movie rental company Redbox and the streaming service Crackle, has entered bankruptcy on rocky footing, with its lenders moving to wrest control from CEO William Rouhana. The company filed for bankruptcy protection intending to fund its restructuring with a $20 million bankruptcy loan from private credit firm Owlpoint Capital, but private investment firm HPS Investment Partners, which is owed $500 million, quickly moved to block the new loan and boot out Rouhana.
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- Davis Polk brought on New York-based partner Elena Millerman as co-head of its infrastructure finance practice. She previously was global head of the project development and finance group at White & Case. (Davis Polk)
- Paul Hastings brought on Michelle Reed as a partner in Dallas. She most recently was co-head of Akin’s cybersecurity, privacy and data protection practice. (Paul Hastings)
- Morgan Lewis hired D.C.-based partner Alice Hrdy, who previously was the principal deputy assistant director of the CFPB’s Office of Supervision Policy. (Morgan Lewis)
- Weil added partner Thomas Henry in New York as co-head of its U.S. real estate practice. He previously was co-chair of the real estate department and co-managing partner of the New York office at Willkie. (Weil)
- Vinson & Elkins brought on finance partner East Berhane in Dallas from Kirkland & Ellis, and capital markets and M&A partner Ben Heriaud in New York from Simpson Thacher.
- Akerman is opening an office in Wilmington, Delaware, with litigation partners Andrew Dupre and Brian Lemon from McCarter English. (Akerman)
- Simpson Thacher hired Hadrien Servais to lead its European private credit team. He most recently was at White & Case. (Simpson Thacher)
- Vedder Price brought on labor and employment partner James Looby in Chicago. He previously was at Morgan Lewis. (Vedder Price)
- Jones Day added tax partner Justin Campolieta in New York. He previously was senior level special trial attorney in the IRS Office of the Chief Counsel. (Jones Day)
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While the legalization of same-sex marriage marked a significant milestone in the journey toward equality, the evolution of family law continues, writes David Steerman of Klehr Harrison Harvey Branzburg. Parenthood rights for same-sex couples, particularly those who are unmarried, remain a focal point for legal advocacy and reform, in this rapidly evolving area of law. Here are legal issues same-sex couples are facing.
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