Jordan Fischer
@jordanonrecord
Senior reporter at @bloomberglaw.com covering the Supreme Court. Previously, courts & investigations at WUSA. Hot sauce enthusiast. Opinions my own.
Capitol Police say they arrested a 67-year-old man this morning who drove up to the north barricade with a handgun in his lap. USCP says he asked for directions to the Supreme Court and there "does not appear to be a nexus to the Congress."
Well, the president is incorrect here. He appears to be reacting to pre-opinion stories he shared about how Congress could respond if Trump v. Barbara was decided on statutory grounds. But it wasn't. The court ruled 5-4 that the 14th Amendment guarantees birthright citizenship.
Notable in Justice Clarence Thomas's dissent today from Trump v. Cook is that he treats the mortgage fraud allegations almost as a given--despite no charges ever having been filed against Lisa Cook.
First SCOTUS opinion of the day is Watson v. RNC. The court 5-4 reverses the 5th Circuit and upholds a Mississippi law allowing some mail-in ballots to be counted after election day. Justice Barrett writes for the court. Link: www.supremecourt.gov/opinions/25p...
In a per curiam order tonight, the Supreme Court allows Alabama to move forward with an electoral map a lower court had found intentionally discriminates against Black voters. All three of the court's liberal justices dissent.
The Supreme Court stays a Fifth Circuit order that barred mail delivery of mifepristone nationwide. Justices Thomas and Alito dissent, w/ Thomas arguing any mail delivery violates the Comstock Act and Alito saying the stay undermines the court's holding in Dobbs.
NOW: Virginia Dems/AG file expected emergency appeal to SCOTUS asking justices to stay Virginia Supreme Court's order invalidating the redistricting referendum. They argue the state Supreme Court's order misreads federal law fixing a single day for congressional elections.
NOW: Justice Samuel Alito grants a one-week administrative stay halting a Fifth Circuit order that blocked mailing of the abortion drug mifepristone nationwide.
The Supreme Court will not take Steve Bannon up on his request to rule on the precedent underlying his conviction. Instead, it grants cert only to send it back down to the lower courts, where the DOJ decided earlier this year to abandon the case.
Citing in part SCOTUS' presidential immunity decision in Trump v. United States, OLC argues the Presidential Records Act is unconstitutional. Opinion acknowledges court's post-Watergate ruling about Nixon's records could be an issue: Link: www.justice.gov/olc/media/14...
The president has further considered yesterday's arguments, it seems.
No sense from the president that he thinks things went well today.
In its second and final opinion of the day, the Supreme Court holds unanimously that Internet service providers aren't liable for users' copyright infringement. Justice Thomas writes for the court. Link: www.supremecourt.gov/opinions/25p...
In the first opinion of the day, the Supreme Court holds 8-1 that the fugitive-tolling doctrine does not apply to individuals who abscond during supervised release. Justice Alito writes in dissent. Link: www.supremecourt.gov/opinions/25p...
BREAKING: The Supreme Court STRIKES DOWN President Trump's sweeping global tariffs. Chief Justice Roberts writes for the 6-3 majority. Justices Thomas, Alito and Kavanaugh dissent. Opinion: www.supremecourt.gov/opinions/25p...
NOW: SG Sauer tells SCOTUS the DOJ has decided to drop the contempt indictment against former Trump advisor Steve Bannon. DC USA Pirro filed a corresponding motion in district court. Bannon was convicted & served 4 months in prison for defying a Jan. 6 Committee subpoena.
NOW: The Supreme Court will allow California to use a new map in this year's midterm elections designed to counter gains from Republican redistricting efforts in Texas. The California GOP and the Trump administration had asked the court to block it.
Justice Samuel Alito says he will recuse from a long-simmering environmental case out of Louisiana due to his oil company holdings. Chevron USA v. Plaquemines Parish is set for oral arguments on Monday.
Justices Thomas, Alito and Gorsuch all dissent from the court's order. Justice Kavanaugh joins majority, but writes in concurrence he would have issued narrower ruling stopping for now at the fact Trump hasn't made determination he's unable to execute federal law with military.
BREAKING: The Supreme Court DENIES a stay sought by the Trump administration that would allow the president to deploy the National Guard in Illinois. The court says at least at this stage the administration has not overcome the Posse Comitatus Act.
The Supreme Court has asked for supplemental briefing in the Trump administration's request to lift the injunction currently blocking the deployment of the National Guard in Illinois amid an immigration enforcement surge in Chicago.
NEW: James Comey's attorneys say they plan to file their motion to disqualify interim U.S. Attorney Lindsey Halligan as unlawfully appointed on Monday. As in similar challenges in New Jersey and Nevada, an out-of-district judge will be tapped to decide that.
BREAKING: Following OMB Director Russ Vought's tweet today announcing RIFs, AFGE has filed an emergency motion seeking a TRO. They argue the RIFs violate the Antideficiency Act by requiring unlawful work during a government shutdown. Link: storage.courtlistener.com/recap/gov.us...
Schultz also says ICE has considered Ghana as a third-country destination, although Ghana's foreign minister has already publicly announced the country won't take Abrego Garcia.
Ben Schrader, who had been criminal division chief for the U.S Attorney's Office for the Middle District of Tennessee, posted this on LinkedIn following his resignation in June. As chief, Schrader would have had to sign off on any prosecution of Abrego Garcia the office filed.
NEW: DOJ says it will turn over the resignation letter of the criminal division chief who resigned the same day Kilmar Abrego Garcia was indicted. It argues it shouldn't have to turn over any comms by high-level admin officials about the case. Link: storage.courtlistener.com/recap/gov.us...
The government has responded to Sidney Reid's motion, saying officers didn't think there was much of anything on the video and that it was never really in their possession.
A better view of the handful of protesters who showed up today. There's also at least one former J6 defendant livestreaming across the street.
In Alexandria this morning, where former FBI director Jim Comey is scheduled to be arraigned at 10 a.m. Lots of media here along with a few folks protesting the case.
As promised, U.S. Attorney Pirro's office has now refiled misdemeanor charges against attorney Paul Bryant in D.C. Superior Court. He was sent a citation to appear next month. Prosecutors had previously fought for pretrial detention.