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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Michigan Audit Raises Questions About Medical Procedures Performed on Children in State Care
State auditors also identified problems with adoption approvals, oversight of children under state guardianship and security of confidential records.

LANSING, Mich. — Children under Michigan's guardianship underwent medical procedures without required consent or documentation, while thousands of others were not being consistently tracked by the state agency responsible for them, according to a new audit.

The Michigan Office of the Auditor General released a 40-page report Oct. 15 identifying significant deficiencies within the Michigan Children's Institute, which operates under the Michigan Department of Health and Human Services.

The institute serves as the legal guardian for children whose parental rights have been terminated.

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Michigan Senate bill targets paid political posts on social media

A Michigan Senate bill seeks to require people and organizations that publish certain paid political social media posts to disclose who funded them. It includes specific requirements for videos, graphics and audio but exempts certain media.

Senate Bill 1199, introduced Oct. 1 by Democrat Sens. Jeremy Moss of Bloomfield, Rosemary Bayer of Keego Harbor, Erika Geiss of Taylor, Sue Shink of Northville, Mallory McMorrow of Royal Oak, and Paul Wojno of Warren, would amend Michigan’s Campaign Finance Act. The change would establish disclosure requirements for social media communications that support or oppose candidates or ballot questions. SB 1199 is a narrower version of an upcoming ballot proposal that Michigan voters will see on Nov. 3. Click here to read more.


 

State Health Dept. Sued Over Forced Unionizing of Michigan Home Caregivers

MIDLAND, Mich. — The Mackinac Center Legal Foundation filed a lawsuit challenging Michigan’s effort to classify home caregivers as state employees for union representation. The lawsuit seeks to enforce the Michigan Constitution’s rules governing state employment and invalidate the election that certified SEIU Healthcare Michigan as the bargaining representative for home caregivers.

The foundation represents James “Jase” Bolger, a former member of the Michigan Civil Service Commission. Bolger brings the lawsuit as a citizen, as the Michigan Constitution allows any citizen to sue to enforce its civil service provisions.

“Michigan’s Constitution puts safeguards around state employment for a reason: to keep politicians from using it to serve special interests,” said Bolger. “Having served on the Civil Service Commission, I understand the importance of those protections. Click here to read more.

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Cops Release Woman Who Plowed Through Soccer Field: No Charges, No Explanation

Police in Wichita, Kansas, released the 34-year-old woman who drove her truck through a crowd at the Stryker Sports Complex, killing two people and leaving another ten injured. No charges have yet been filed, and no explanation was given.

The Wichita Police Department released a lengthy statement via X, giving updates across several aspects of the tragic incident that left Adrian Cole, 6, and Nicholas Schafer, 35, dead.

Investigators interviewed more than 30 witnesses — including the two children who were in the truck with the driver — before speaking with the driver herself. Click here to read more.

 

Why are people protesting in France? The issues fueling nationwide unrest

What began as student protests over failing public schools has grown into a nationwide movement against rising living costs, with violence and looting reported on the sidelines of some marches.

Demonstrations began in late September, a week after the school year started. Students have cited teacher shortages, run-down classrooms, long school days, and an opaque university admissions system. Some say they have missed months of instruction because staff absences went unfilled.

Other groups joined the marches to protest the cost of living, including high fuel prices. The CGT, one of France’s largest unions, has called for lower prices, higher pensions, and higher wages. Fuel costs have risen amid inflation tied partly to the war in the Middle East; reports also link added pressure to the effective closure of the Strait of Hormuz after U.S. bombing. France announced petrol subsidies for some industries in mid-September. Click here to read more.

 

State commission wants parent, teacher input on classroom screen time

A commission tasked with studying the use, risks and benefits of screen-based instruction is asking for feedback from parents, teachers and administrators before finalizing its report for Gov. Kay Ivey.

The survey, co-created by Dr. Cailin Kerch, a commission member and professor of early childhood education at the University of Alabama (UA), will help the commission “understand perceptions about screen use in public schools,” according to the survey summary.

About 2,000 people have completed the survey, said Kerch, and those results are being reviewed and prepared for analysis.

“The statewide survey of parents, educators, and school leaders helps us capture voices from educators in the classroom along with parents’ perspectives. Most educators teach a child for a year, or two, at most. Capturing families’ perceptions of the impacts of screen use in schools on their child’s education matters. Parents may see cumulative impacts of screen use, positive, negative, or null, across time,” said Kerch. Click here to read more.

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