Dave Bondy
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Breaking down huge Supreme Court rulings
Justices split in major ruling affecting federal agencies' regulatory authority
June 28, 2024
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The Supreme Court made some major rulings Friday. I break down all of them below:

Supreme Court Reverses Jan. 6 Riot Conviction in Key Obstruction Case:

In a significant legal decision on Friday, the Supreme Court ruled in favor of Joseph Fischer, a participant in the January 6, 2021, Capitol riot, overturning his federal obstruction conviction. The ruling reverses a lower court decision and remands the case to the D.C. Circuit Court of Appeals for reassessment in light of the Supreme Court's findings.

Fischer was among over 300 individuals charged by the Justice Department for "obstruction of an official proceeding" related to the Capitol riot. His legal team contended that the statute had traditionally been applied only to evidence-tampering cases and should not apply to his actions.

The Justice Department maintained that Fischer’s attempt to halt the certification of the 2020 presidential election by Congress warranted the obstruction charge. The statute criminalizes behavior that "obstructs, influences, or impedes any official proceeding" or attempts to do so, carrying a potential penalty of up to 20 years in prison.

During oral arguments in April, Solicitor General Elizabeth Prelogar faced rigorous questioning from the justices. Justice Neil Gorsuch raised concerns about the broader implications of the government's argument, questioning whether actions like heckling at the State of the Union address or pulling a fire alarm, as in the recent incident involving Rep. Jaamal Bowman (D-N.Y.), could be construed as obstruction.

Prelogar argued that such actions might not meet the statute's requirements of "meaningful interference" and "corrupt intent." Chief Justice John Roberts also challenged Prelogar regarding a 2019 opinion from the DOJ’s Office of Legal Counsel, which suggested a narrower interpretation of the obstruction statute, conflicting with the DOJ’s stance in Fischer's case. Prelogar noted that the opinion was never formally adopted and was unclear on the DOJ’s process for officially accepting such papers.

The Supreme Court's decision now tasks the D.C. Circuit Court of Appeals with re-evaluating Fischer's case with these considerations in mind, potentially impacting the broader legal landscape for other Jan. 6 prosecutions.

Supreme Court Allows Fines for Homeless Sleeping in Public Spaces

WASHINGTON – In a landmark decision on Friday, the Supreme Court ruled that municipalities can fine homeless individuals for sleeping in public spaces, overturning a lower court's decision that such enforcement constitutes cruel and unusual punishment when shelter is unavailable.

The 6-3 ruling is the most significant on this issue in decades. It comes at a time when record numbers of Americans are experiencing homelessness, and leaders from both parties have voiced concerns that a 2018 lower court ruling limited their ability to address homeless encampments impacting health and public safety.

"The Court cannot say that the punishments Grants Pass imposes here qualify as cruel and unusual," wrote Justice Neil Gorsuch for the majority, referring to the small Oregon city at the center of the case.

Supreme Court Overturns Landmark Decision Limiting Federal Regulatory Power:

WASHINGTON – In a historic decision on Friday, the Supreme Court overturned a 40-year-old ruling that granted federal agencies broad regulatory authority, stipulating that agencies cannot issue regulations unless explicitly authorized by Congress.

The court's decision, split along ideological lines, was written by Chief Justice John Roberts for the conservative majority. Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented, with Kagan reading portions of her dissent from the bench.

The ruling is a major victory for the conservative legal movement, which has long sought to dismantle the 1984 Chevron v. National Resources Defense Council decision. The Chevron doctrine required courts to defer to federal agencies' reasonable interpretations of laws passed by Congress. Critics argued this gave unelected bureaucrats excessive power over regulations impacting key aspects of American life, including the workplace, the environment, and healthcare.

"Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the [Administrative Procedure Act] requires," Chief Justice Roberts wrote. He criticized the previous ruling as a "judicial invention that required judges to disregard their statutory duties."

The decision in the pair of related cases reflects growing concerns among conservative scholars and some justices that courts were neglecting their responsibility to interpret the law by deferring too readily to agency interpretations. This ruling marks a significant shift in the balance of power between federal agencies and the judiciary, emphasizing stricter oversight of agency actions by the courts.

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Update on Biden’s future.

Reports: President Biden to travel to Camp David to discuss campaign.

00:00:39
Take a close look at this from the debate

Most people did not see this. This aired for only a few seconds on CNN. Take a look at Biden getting help from his wife step off of the stage.

00:00:17
she didn’t let her finish.

she didn’t even let her say what she was going to say.

00:00:43
Trump Supreme Court decision

Supreme Court rules former President Trump had absolute immunity for official acts as President, but not unofficial acts

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They knew

Do you believe those close to President Biden and the media covering him daily were unaware of his struggles? After the debate, where Biden appeared incoherent at times, many acted surprised.

Some argue that both the media and the administration were aware of the situation but failed to acknowledge and report the truth.

When members of the media questioned Biden’s cognitive abilities, they faced backlash. Now, it seems acceptable to discuss it.

This situation didn’t develop overnight. Many within the administration and the media likely knew what was happening and failed to adequately inform the public.

This is yet another reason why trust in the media and the administration is waning.

Hey everyone 😁

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Breaking down Supreme Court Trump immunity decision
Supreme Court Decision on Trump's Immunity Sends Case Back to Lower Courts

WASHINGTON D.C. – The Supreme Court ruled Monday in Trump v. United States that a former president has substantial immunity from prosecution for official acts committed while in office but not for unofficial acts.

The Court sent the matter back down to a lower court, as the justices did not apply the ruling to whether or not former President Trump is immune from prosecution regarding actions related to efforts to overturn the results of the 2020 election.

In a closely watched decision, the U.S. Supreme Court has ruled that the determination of former President Donald Trump’s immunity must first be addressed by the lower courts. Chief Justice John Roberts, in the majority opinion, stated that the trial court must now assess which of Trump's alleged actions are protected under the new guidelines established by the high court.

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Chief Justice Roberts emphasized that the trial court would require additional briefing to make this determination. "We accordingly remand to the District Court to determine in the first instance — with the benefit of briefing we lack — whether Trump’s conduct in this area qualifies as official or unofficial," Roberts wrote. He criticized the previous lower court rulings for their lack of detailed factual analysis when rejecting Trump’s immunity claims and countered a dissenting opinion from Justice Ketanji Brown Jackson, who argued for a more comprehensive definition of presidential immunity.

Click here for the complete decision from the Supreme Court.

In a forceful dissent, Justice Sonia Sotomayor criticized the majority opinion, asserting that it effectively places the President above the law. "Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends," Sotomayor wrote. She warned that this ruling could irrevocably damage the relationship between the President and the American people, making the President akin to a "king above the law." Concluding her dissent without the customary “respectfully” language, she wrote, “With fear for our democracy, I dissent.”

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Chief Justice Roberts clarified that while presidents require immunity for their official acts, this immunity is not all-encompassing. "The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law," Roberts wrote. He added that Congress cannot criminalize the President’s conduct in executing the responsibilities of the Executive Branch as defined by the Constitution.

Trump released the following statement:

 

The decision, which was 6-3 along conservative-liberal lines, complicates the legal landscape for Trump, especially regarding the federal election subversion charges linked to his efforts to overturn the 2020 election results. The ruling overturns a February decision by a federal appeals court that had denied Trump any immunity for his alleged actions during the end of his presidency.

This ruling, while granting Trump some immunity for official acts, leaves open the possibility of prosecution for actions deemed unofficial, sending the case back to the lower courts for further examination. CNN is continuing to review the implications of this landmark decision.

The Biden campaign says the Supreme Court’s ruling on presidential immunity “doesn’t change the facts,” and doubled down on allegations that former President Donald Trump “snapped” when he lost the 2020 election to Joe Biden.

“Donald Trump snapped after he lost the 2020 election and encouraged a mob to overthrow the results of a free and fair election,” a senior campaign adviser said in a statement shortly after the court issued the decision. “Trump is already running for president as a convicted felon for the very same reason he sat idly by while the mob violently attacked the Capitol: he thinks he’s above the law and is willing to do anything to gain and hold onto power for himself.” 

 

 

 

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News they don't want you to see
Monday July 1, 2024

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WASHINGTON D.C — The Office of Inspector General (OIG) revealed that U.S. Customs and Border Protection (CBP) has insufficient information on whether nonimmigrant visa holders have been interviewed by the Department of State (DoS).

A recent OIG report shows that between 2020 and 2023, the DoS granted approximately 7.1 million nonimmigrant visas without conducting in-person consular interviews. During the same period, fingerprints were not collected for an undisclosed number of visa applicants.

In December 2023, DoS and the Department of Homeland Security (DHS) agreed to expand the categories of visas and applicants eligible for interview waivers starting January 1, 2024. The fingerprint waiver program concluded in December 2023. Click here to read more.

 

WASHINGTON, D.C. - The federal government engaged in a stunning deception by secretly shaping a medical association’s transgender policy for political aims — then arguing in court that red states were not allowed to diverge from that policy, because it would be putting politics over scientific expertise.

The findings could deal a crippling blow to the Biden administration’s efforts to stop Republican-led states from banning the genital mutilation of children, and prove embarrassing for the judges — including an appointee of Donald Trump — who appeared to accept the argument that medical associations are above politics and should be deferred to by red-state politicians.

The Biden administration sued states including Tennessee, Alabama, and Kentucky, with transgender guidance from the World Professional Association for Transgender Health (WPATH) as its key piece of evidence. But the documents obtained via discovery in an Alabama lawsuit show that, in fact, the WPATH guidance was crafted in close collaboration with the Biden administration specifically with an eye to influence such lawsuits and block legislation. Click here to read more.

 

LANSING, Mich - Gov. Gretchen Whitmer made a national name for herself in the early days of the Covid-19 pandemic by issuing some of the strictest lockdown policies in the country. She forced a larger share of businesses to close than any other state. Her edicts were shocking in scope but also a shocking display of unilateral and centralized executive power.

Whitmer has not shown an interest in formally reviewing the effectiveness of her unprecedented pandemic policies. But her counterpart in New York — Gov. Kathy Hochul — has, and a new, independent report puts the Empire State’s pandemic response under a microscope. Whitmer deployed a similar strategy to Gov. Andrew Cuomo’s, New York’s governor at the beginning of the Covid pandemic.

One similarity was that both Whitmer and Cuomo ignored the pandemic response plans their states had developed for these situations. Like Michigan, New York had “a sophisticated preparedness structure, mandated under state law, and implemented by professional emergency managers,” according to the report. The existing pandemic response plans called for a coordinated response led by public health officials at both the state and local levels. Click here to read more.

 

WASHINGTON D.C. - The Supreme Court on Friday ruled that the Justice Department went too far in slapping obstruction charges on hundreds of January 6 defendants.

The court voted 6-3 in favor of defendant Joseph Fischer, a former police officer seeking to dismiss his charge of obstructing an official proceeding, Congress’ certification of President Joe Biden’s election victory.

However, the court ruled that an obstruction charge may be filed if prosecutors are able to prove that a protester was trying to stop the arrival of certificates used to count electoral votes to certify the election results, not just force their way into the Capitol Building.

The decision could have implications for former President Donald Trump, who is also charged with obstruction, although special counsel Jack Smith has argued that Trump’s obstruction of Congress’ certification was much broader than the protesters’ actions.

It could also force prosecutors to reopen at least some of the January 6 cases. Click here to read more.

 

At 83 years old, Daniel Greco says he feels like he’s been given a second chance. The Long Island man returned to the place where he collapsed back in April but he remembers very little.

"Absolutely nothing. I see it and I still don’t believe it. I don’t have a heart condition and had no heart problems," Greco told NBC New York Thursday.

Heart problems he wasn’t aware of — he even had gotten a clean bill of health from his doctors. Then on April 30, while standing at an ATM in Melville, he suddenly crashed to the floor. 

Greco watched the security video from that day. He was standing in front of the ATM when he suddenly crashed to the floor. A woman with her son saw him on the floor and she runs for help.

"To this day I still see Mr. Greco, something I will carry with me forever," said Kalie Kerschbaumer, a process improvement engineer at Northwell NetworkCare.

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News they don't want you to see
Friday June 28, 2024
 
 

CHICAGO, IL - Chicago Public Schools has hired more staff to educate fewer students since 2019. The district spent nearly two-thirds of the $2.8 billion it received in federal relief funds for COVID-19 on salaries and employee benefits, including the cost of hiring more than 4,400 additional full-time staff members since before the pandemic.

District reports show enrollment at CPS dropped by 31,905 students between the 2019-2020 school year and the 2023-2024 school year.

Meanwhile, reports on CPS employee rosters show employment in CPS has increased by 5,472 full-time staff members between December of the 2019-2020 school year and December of the current 2023-2024 school year. That’s a 15% increase in full-time staff members amidst a 9% decrease in enrollment. Click here to read more.

 

An illegal alien, released into the United States by President Joe Biden’s Department of Homeland Security (DHS), has been accused of murdering a young woman on her twenty-first birthday in the sanctuary state of New York, prosecutors say.

Jhon Moises Chacaguasay-Ilbis, a 21-year-old illegal alien from Ecuador, was arrested in Syracuse, New York, and charged with second-degree murder and concealing a human corpse. According to prosecutors, Chacaguasay-Ilbis allegedly strangled Joselyn Jhoana Toaquiza to death on her 21st birthday on June 18 and then threw her body in a shallow grave at a Syracuse park. Click here to read more.

 

MIAMI, FLA - TALLAHASSEE, Fla. – Numerous laws will take effect on Monday, July 1 as Florida’s new fiscal year begins, including a lab-grown meat ban, anti-human trafficking legislation and more.

Below is a list of some of the higher-profile laws taking effect.

  • SB 1084 – Prohibits and creates penalties for the manufacturing, sale or distribution of cultivated meat in the state.

  • HB 7063 – Penalizes the owner of an adult entertainment establishment from employing anyone under the age of 21.

    • The owner would receive a harsher penalty if they employ anyone under 21 to work while nude at the establishment.

  • HB 1349 – Requires “age and developmentally appropriate” instruction on the history of communism, beginning in the 2026-2027 school year.

  • SB 544 – Creates the Swimming Lesson Voucher Program, which applies to families who earn less than 200% of the federal poverty level. Click here to read more.

 

DUVALL, Wash. (TND) — A Washington high school girls track and field coach claims the state did not "prepare" his team for facing a transgender runner at last month's state championships.

Dean Vergillo is the girls track and field coach for Cedarcrest High School in Washington. His team took second place at the Washington Interscholastic Athletic Association (WIAA) state track and field meet last month. The first-place team, East Valley High School, beat Cedarcrest by just eight points.

The results were thanks in part to a transgender runner on East Valley's team winning the girls’ 400-meter dash, Vergillo told the Independent Women’s Forum.

As a cross country and track coach, everybody has a running style,” he said. “It’s kind of like your fingerprint — everybody runs a little bit differently. In this case, it was obviously a male running.”

Click here to read more.

 

BIRMINGHAM, AL - One teenager's overjoyed reaction to being invited to a birthday party is going viral.

Macy is a 15-year-old high school freshman and she has Down syndrome. Her mom says she can “count on one hand the amount of birthday parties” Macy has been invited to since she started kindergarten. 

“Yesterday Macy got in the car and showed me an invitation to a birthday party for a friend at school who is also in the life skills program,” Macy’s mom, Heather Avis, began an Instagram post.  “Her joy from this invitation is palpable. WOW!” Avis wrote. “To me it spoke of a longing fulfilled. All I could do was laugh with her and then cry as I celebrated with her.” Click here to read more.

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