Welcome to this week’s newsletter, wrapping up Constitution Week! I will have a new paid post coming out this Friday, which will open with some brief reflections on Charlie Kirk’s murder, which was the subject of my last full Friday post. Of course, that post will go to paid subscribers. Please consider becoming one here:
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News Desk - This Week’s Top Ten Headlines
Supreme Court Asked to Overrule 90-Year-Old Precedent
Yesterday, the Supreme Court issued an order allowing President Trump to fire FTC Commissioner Rebecca Slaughter, pausing a lower court's reinstatement order. The Court also agreed to hear the question of “whether Humphrey’s Executor v. United States . . . should be overruled.” The case, set for argument in December, could become the most consequential ruling from the Court should they overturn the case.
Court Asked to Stay Immigration Ruling
The Trump administration petitioned the Supreme Court on Friday to block a ruling that prevents the termination of Temporary Protected Status (TPS) for over 300,000 Venezuelan nationals, arguing that lower courts are disregarding the Supreme Court’s orders. Recently, Judge Edward Chen ruled the termination unlawful, despite the Supreme Court's earlier pause on his preliminary injunction.Passport Case Reaches Supreme Court
Also on Friday, the administration asked the Court to stay a decision barring a policy requiring passports to reflect only biological sex, excluding all other genders permitted under the Biden administration. District Judge Julia Kobick enjoined the policy in June, prior to the pivotal ruling in U.S. v. Skrmetti.Government Appeals Lisa Cook Decision
As I noted last week, a district court granted a preliminary injunction for Fed Governor Lisa Cook after her attempted firing. On Thursday, the government appealed to the Supreme Court to stay the injunction pending further proceedings. So far, the case is shaping up to be an interesting (and long) battle.Court Rules Against Federal Funding Cuts
On Friday, a Rhode Island judge ruled that a National Endowment for the Arts (NEA) policy recognizing only two biological sexes and barring grants that promote gender ideology violates the First Amendment. He reasoned that the policy imposes viewpoint-based restrictions on artistic speech, and extends beyond the NEA's statutory authority. The less power the NEA has, the better.Court Tosses Lawsuit Against The New York Times
A district judge in Florida threw out President Trump’s defamation case against The Times. The brief order is really quite a read, and the judge does not refrain from reprimanding the lawyers in detail. He concludes that the lawyers used their complaint as a “megaphone for public relations,” violating the rules of procedure.Court Blocks SNAP Changes
Across the country, a California judge issued a temporary restraining order (TRO) blocking the USDA from demanding that states turn over personally identifiable information for SNAP applicants and recipients since January 2020.Appeals Court Upholds NY Gun Control Law
The Second Circuit recently upheld New York’s firearm restrictions under the Concealed Carry Improvement Act, including bans on carrying guns in Times Square or on public transportation, and open carry, finding them consistent with historical gun regulations under Bruen. The ruling affirmed that the law also applies to concealed carry permit holders.Mahmoud Khalil Stays in Spotlight
On Wednesday, Palestinian activist Mahmoud Khalil announced his intent to challenge ta recent denial of his waiver of removability to Syria or Algeria, alleging the immigration court denied him an evidentiary hearing and barred testimony from his wife and psychological evaluations. Khalil, detained by ICE after over protests at Columbia University, faces potential loss of lawful permanent resident status but is protected from deportation or detention by federal court orders pending his civil case. His lawsuit seeking damages from the administration continues.Attempted Assassin of Justice Kavanuagh Revealed as Transgender
Recently revealed court documents show that Nicholas Roske, who pled guilty to attempting to assassinate Supreme Court Justice Brett Kavanaugh in June 2022, identifies as a transgender woman named Sophie, with Roske’s legal team requesting the use of female pronouns and citing gender identity and inadequate prison mental health resources as factors for a reduced sentence. The U.S. Attorney’s Office seeks a 30-year sentence with lifetime supervised release, while Roske’s defense recommends 96 months of incarceration followed by 25 years of supervised release, with sentencing scheduled for October 3.
Picks of the Week - Articles Worth Your Time
The Problem of Religion
Source: SCOTUSBlog | Author: Richard Garnett | Link
Part of Prof. Garnett’s series on religion and religious freedom.
The Roberts Court is Doing Its Job
Source: The Dispatch| Author: Jonathan Adler | Link
Well, it is.
A Bold Civic Renaissance for America’s 250th
Source: The Constitution Center | Authors: Lindsay Chervinsky & Julie Silverbrook | Link
A short op-ed on the importance of civic education this Constitution Day.
Note
I’m skipping the scholarly section this week, but will have extra next Sunday.
That’s a wrap! Be sure to like and share, and I’ll see you this Friday!
In Liberty,
Ethan Savka