Dave Bondy
Politics • Culture • News
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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“Basically it’s going to be in all three counties,” the Abe said, adding that Wayne County agencies could switch as soon as late spring or summer.

Under encryption, radio traffic that can currently be monitored on scanners becomes unintelligible to the public. “You won’t be able to listen to what they’re saying anymore,” he said.

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Welcome to my Keeping it Real Newsletter!

 
 

FDA bureaucracy effectively blocking an autism-treating drug

Drug review processes at the U.S. Food and Drug Administration are not serving the American public.

Exhibit 1 illustrating this are the special FDA programs Congress has developed over the past two decades: fast-track designation, the priority review voucher program and emergency use authorization.

Earlier this year, FDA Commissioner Marty Makary went further, announcing that the FDA’s default stance on drug approval would now be a single Phase 3 or “pivotal” trial, rather than two. Click here to read more.


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Supreme Court backs CA parents’ right to be told about gender transitions

WASHINGTON – The Supreme Court on March 2 backed parents’ right to be told if their child changes their name, or pronouns they’re using in school, blocking California rules aimed at preventing teachers from outing transgender students to their parents.

“Under long-established precedent, parents − not the State − have primary authority with respect to `the upbringing and education of children,’” the majority said in an unsigned opinion. “The right protected by these precedents includes the right not to be shut out of participation in decisions regarding their children’s mental health.”

The court’s three liberal justices dissented from the decision to grant the parents’ emergency request. Click here to read more.

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Self-Driving Waymo EV Blocked First Responders at Austin Mass Shooting Scene

A driverless Waymo robotaxi obstructed emergency vehicles attempting to reach the site of the mass shooting in downtown Austin that left two people dead and 14 others injured early Sunday morning.

The KXAN reports that an autonomous Waymo vehicle caused a delay for emergency responders racing to the scene of a deadly mass shooting at a popular Austin bar in the early morning hours of Sunday. The incident has renewed concerns about the deployment of self-driving vehicles in urban environments, particularly during emergency situations. Click here to read more.

 

Georgia lawmakers pitch statewide grand jury to investigate election violations

Senate Resolution 875 says the grand juries could investigate election violations from anywhere in the state. The chief justice of the Supreme Court of Georgia would appoint a Superior Court judge to oversee the grand jury. The attorney general would appoint a legal adviser, according to the bill.

Georgia voters would decide in November if the resolution becomes part of the state constitution.

“We have had this, I guess just a series of issues involving voting, different accusations, different prosecutions of different folks, even the apparently the federal government is involved at this point in some of these,” said Sen. Bill Cowsert, R-Athens, during a Friday meeting of the Senate Special Committee on Investigations and a sponsor of the resolution. Click here to read more.

 

Illegal immigrant accused of killing woman in Fairfax County had previous charges dropped

AIRFAX COUNTY, Va. (7News) — An illegal immigrant who has been arrested more than 30 times is now charged with murdering a woman at a Fairfax County bus stop. This is one of many examples where Fairfax County’s prosecutor released a violent repeat offender back into the community.

When Fairfax County police arrived at a Hybla Valley bus stop, they found Stephanie Minter stabbed to death.

Minter’s family described her as “a happy, jolly individual, filled with love and adoration for her loved ones. A beam of light in dark places.” Click here to read more.

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Jocelyn Benson won’t say if voter rolls are free from noncitizen registrants

Secretary of State Jocelyn Benson insists Michigan has done “more than any other state” to secure the state’s voter rolls, despite a federal investigation into repeated documented instances of noncitizen voting.

Confronted following Gov. Gretchen Whitmer’s final State of the State address on Wednesday, The Midwesterner asked Benson, “Can you assure Michiganders that there are no longer any noncitizens on the voter rolls?”

The Democrat frontrunner for governor dodged and told The Midwesterner she’s “actually done a lot, frankly, more than any other state, to ensure we’re driving down or increasing the security of our voter rolls.”

“So are there any other noncitizens on the voter rolls?” she was asked.

She dodged that, too. Click here to read more.

 

Massive EV Subsidies Not Paying Off

The future was supposed to have arrived this year in a cluster of counties just east of Atlanta in the form of a state-of-the-art factory that would churn out 400,000 electric vehicles a year. But when JoEllen Artz looks about her lifetime neighborhood, all she sees are holes.

“Those shovel holes they made in the ground? That’s it,” she said of the planned site of a Rivian manufacturing plant. “It’s awful, awful.”

The problem is not a lack of funds. On the promise of thousands of jobs, elected officials in Washington, D.C., and Atlanta have pledged some $8 billion to the project, including a $6.5 billion loan the Biden administration green-lit in its final hours.

Those loans are just two of the huge public bets, or investments, that state capitals and Washington, D.C., have made on EVs. While no one has calculated exactly how many federal and state dollars both Republican and Democratic elected officials have sent to that green sector, experts RealClearInvestigations consulted fixed the total north of $100 billion. Click here to read more.

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Sen. Ashley Moody’s child sextortion bill moves to Senate floor

WASHINGTON — A bill sponsored by U.S. Sen. Ashley Moody of Florida aimed at cracking down on online sextortion is moving to the Senate floor after passing out of the Senate Judiciary Committee.

The legislation, known as the James T. Woods Act, would explicitly criminalize intentional threats to distribute child sexual abuse material and criminalize tactics frequently used by online predators to coerce minors. Supporters say the bill closes a gap in federal law that has forced prosecutors to rely on broader extortion statutes that do not specifically address sextortion. Click here to read more.

 

Time to rein in old MEGA gravy train

It was great to see legislators refuse to pass any new business subsidies in 2025. But the state is still going to pay $533.1 million more to select companies this year based on deals made two decades ago. That’s not right, and that’s not how policy is supposed to work.

Michigan operated a selective business tax credit program via the Michigan Economic Growth Authority and made deals with companies from 1995 to 2011. Deals lasted for up to twenty years, and companies received refundable tax credits based on the number of people employed in facilities covered by the agreement. With refundable credits, companies can get cash payments from the state when they receive credits worth more than what they owe in taxes. Click here to read more.

 

Austin 6th Street shooting: 3 dead; image shows apparent gunman as terror ties probed

AUSTIN, Texas - Three people, including the gunman, were killed, and 14 others were wounded in a mass shooting outside a bar in Austin's bustling Sixth Street entertainment district early Sunday morning that authorities said may have ties to terrorism.

At a press conference early Sunday, Austin Police Chief Lisa Davis said police received a call around 1:40 a.m. for reports of a “male shooting” at Buford’s, a beer garden in the city’s busy entertainment district.

When police arrived at the scene, they confronted a man with a gun and then “returned fire, killing the suspect,” Davis said.

According to the Associated Press, the Department of Homeland Security later identified the gunman as 53-year-old Ndiaga Diagne, a naturalized U.S. citizen born in Senegal who lived in Pflugerville, a suburb north of Austin. Click here to read more.

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