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  Supreme Court - Legal News


President Donald Trump’s plan to end birthright citizenship for the children of people who are in the U.S. illegally will remain blocked as an order from one judge went into effect Friday and another seemed inclined to follow suit.

U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed in the last week his order went into effect.

“The judge’s order protects every single child whose citizenship was called into question by this illegal executive order,” Cody Wofsy, the ACLU attorney representing children who would be affected by Trump’s restrictions, said. “The government has not appealed and has not sought emergency relief so this injunction is now in effect everywhere in the country.”

The Trump administration could still appeal or even ask that LaPlante’s order be narrowed but the effort to end birthright citizenship for children of parents who are in the U.S. illegally or temporarily can’t take effect for now. The Justice Department didn’t immediately return a message seeking comment.

Meanwhile, a judge in Boston heard arguments from more than a dozen states who say Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for essential services. The issue is expected to move quickly back to the nation’s highest court.

U.S. District Judge Leo Sorokin was asked to consider either keeping in place the nationwide injunction he granted earlier or consider a request from the government either to narrow the scope of that order or stay it altogether. Sorokin, located in Boston, did not immediately rule but seemed to be receptive to arguments from states to keep the injunction in place.

Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, arguing it should be “tailored to the States’ purported financial injuries.”

Much of the hearing was focused on what a narrower ruling would look like. The plaintiffs raised concerns that some alternatives floated by the Trump administration — such as giving children in states impacted by the birthright citizenship order social security numbers, but not citizenship — would be costly and unworkable.

They said such a system would burden these states with having to set up new administrative systems, sow confusion among the parents whose children are impacted and possibly turn these states into magnets for families from other states looking to access the benefits.

Government lawyers didn’t seem tied to any one alternative, but told Sorokin the scope of his injunction should be limited. When pressed on how they would do that, a lawyer for the government, Eric Hamilton, would only commit to complying with whatever order was issued.

“If the court modifies the preliminary injunction or stays the preliminary injunction, it should be at most tailored to injuries plaintiffs are alleging which are primary financial,” Hamilton said.

Sorokin pushed back, at one point using an analogy of someone who sued a neighbor over loud music. The defendant offers to build a wall to limit the noise but Sorokin wondered how they could ensure it met the zoning code and was something the defendant could afford.

“What you are telling me is we will do it but, in response to my question, you have no answer how you will do it,” Sorokin said.

LaPlante issued the ruling last week p rohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit, and a Maryland-based judge said this week that she would do the same if an appeals court signed off.

The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.

At the heart of the lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision. That decision found that Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.

The Trump administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.


The Supreme Court is allowing President Donald Trump to put his plan to dismantle the Education Department back on track — and to go through with laying off nearly 1,400 employees.

With the three liberal justices in dissent, the court on Monday paused an order from U.S. District Judge Myong Joun in Boston, who issued a preliminary injunction reversing the layoffs and calling into question the broader plan. The layoffs “will likely cripple the department,” Joun wrote. A federal appeals court refused to put the order on hold while the administration appealed.

The high court action enables the administration to resume work on winding down the department, one of Trump’s biggest campaign promises.

In a post Monday night on his social media platform, Trump said the high court “has handed a Major Victory to Parents and Students across the Country.” He said the decision will allow his administration to begin the “very important process” of returning many of the department’s functions “BACK TO THE STATES.”

The court did not explain its decision in favor of Trump, as is customary in emergency appeals. But in dissent, Justice Sonia Sotomayor complained that her colleagues were enabling legally questionable action on the part of the administration.

“When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it,” Sotomayor wrote for herself and Justices Ketanji Brown Jackson and Elena Kagan.

The secretary of education lauds the decision

Education Secretary Linda McMahon said it’s a “shame” it took the Supreme Court’s intervention to let Trump’s plan move ahead.

“Today, the Supreme Court again confirmed the obvious: the President of the United States, as the head of the Executive Branch, has the ultimate authority to make decisions about staffing levels, administrative organization, and day-to-day operations of federal agencies,” McMahon said in a statement.

A lawyer for the Massachusetts cities and education groups that sued over the plan said the lawsuit will continue, adding no court has yet ruled that what the administration wants to do is legal.

“Without explaining to the American people its reasoning, a majority of justices on the U.S. Supreme Court have dealt a devastating blow to this nation’s promise of public education for all children. On its shadow docket, the Court has yet again ruled to overturn the decision of two lower courts without argument,” Skye Perryman, president and CEO of Democracy Forward, said in a statement.

The Supreme Court has handed Trump one victory after another in his effort to remake the federal government, after lower courts have found the administration’s actions probably violate federal law. Last week, the justices cleared the way for Trump’s plan to significantly reduce the size of the federal workforce. On the education front, the high court has previously allowed cuts in teacher-training grants to go forward.

Separately on Monday, more than 20 states sued the administration over billions of dollars in frozen education funding for after-school care, summer programs and more.

Education Department employees are on leave

Education Department employees who were targeted by the layoffs have been on paid leave since March, according to a union that represents some of the agency’s staff.

Joun’s order had prevented the department from fully terminating them, though none had been allowed to return to work, according to the American Federation of Government Employees Local 252. Without Joun’s order, the workers would have been terminated in early June.

The Education Department had said earlier in June that it was “actively assessing how to reintegrate” the employees. A department email asked them to share whether they had gained other employment, saying the request was meant to “support a smooth and informed return to duty.”

The current case involves two consolidated lawsuits that said Trump’s plan amounted to an illegal closure of the Education Department.

One suit was filed by the Somerville and Easthampton school districts in Massachusetts along with the American Federation of Teachers and other education groups. The other legal action was filed by a coalition of 21 Democratic attorneys general.

The suits argued that layoffs left the department unable to carry out responsibilities required by Congress, including duties to support special education, distribute financial aid and enforce civil rights laws.


The Supreme Court is meeting Friday to decide the final six cases of its term, including President Donald Trump’s bid to enforce his executive order denying birthright citizenship to U.S.-born children of parents who are in the country illegally.

The justices take the bench at 10 a.m. for their last public session until the start of their new term on Oct. 6.

The birthright citizenship order has been blocked nationwide by three lower courts. The Trump administration made an emergency appeal to the Supreme Court to narrow the court orders that have prevented the citizenship changes from taking effect anywhere in the U.S.

The issue before the justices is whether to limit the authority of judges to issue nationwide injunctions, which have plagued both Republican and Democratic administrations in the past 10 years.

These nationwide court orders have emerged as an important check on Trump’s efforts and a source of mounting frustration to the Republican president and his allies.

Decisions also are expected in several other important cases.

The court seemed likely during arguments in April to side with Maryland parents in a religious rights case over LGBTQ storybooks in public schools.

Parents in the Montgomery County school system, in suburban Washington, want to be able to pull their children out of lessons that use the storybooks, which the county added to the curriculum to better reflect the district’s diversity.

The school system at one point allowed parents to remove their children from those lessons, but then reversed course because it found the opt-out policy to be disruptive. Sex education is the only area of instruction with an opt-out provision in the county’s schools.

The justices also are weighing a three-year battle over congressional districts in Louisiana that is making its second trip to the Supreme Court.

Before the court now is a map that created a second Black majority congressional district among Louisiana’s six seats in the House of Representatives. The district elected a Black Democrat in 2024.

Lower courts have struck down two Louisiana congressional maps since 2022 and the justices are considering whether to send state lawmakers back to the map-drawing board for a third time.

The case involves the interplay between race and politics in drawing political boundaries in front of a conservative-led court that has been skeptical of considerations of race in public life.

At arguments in March, several of the court’s conservative justices suggested they could vote to throw out the map and make it harder, if not impossible, to bring redistricting lawsuits under the Voting Rights Act.

Free speech rights are at the center of a case over a Texas law aimed at blocking kids from seeing online pornography.

Texas is among more than a dozen states with age verification laws. The states argue the laws are necessary as smartphones have made access to online porn, including hardcore obscene material, almost instantaneous.

The question for the court is whether the measure infringes on the constitutional rights of adults as well. The Free Speech Coalition, an adult-entertainment industry trade group, agrees that children shouldn’t be seeing pornography. But it says the Texas law is written too broadly and wrongly affects adults by requiring them to submit personal identifying information online that is vulnerable to hacking or tracking.


The Supreme Court sided with e-cigarette companies on Friday in a ruling making it easier to sue over Food and Drug Administration decisions blocking their products from the multibillion-dollar vaping market.

The 7-2 opinion comes as companies push back against a yearslong federal regulatory crackdown on electronic cigarettes. It’s expected to give the companies more control over which judges hear lawsuits filed against the agency.

The justices went the other way on vaping in an April decision, siding with the FDA in a ruling upholding a sweeping block on most sweet-flavored vapes instituted after a spike in youth vaping.

The current case was filed by R.J. Reynolds Vapor Co., which had sold a line of popular berry and menthol-flavored vaping products before the agency started regulating the market under the Tobacco Control Act in 2016.

The agency refused to authorize the company’s Vuse Alto products, an order that “sounded the death knell for a significant portion of the e-cigarette market,” Justice Amy Coney Barrett wrote in the majority opinion.

The company is based in North Carolina and typically would have been limited to challenging the FDA in a court there or in the agency’s home base of Washington. Instead, it joined forces with Texas businesses that sell the products and sued there. The conservative 5th U.S. Circuit Court of Appeals allowed the lawsuit to go forward, finding that anyone whose business is hurt by the FDA decision can sue.

The agency appealed to the Supreme Court, arguing that R.J. Reynolds was attempting to find a court favorable to its arguments, a practice often referred to as “judge shopping.”

The justices, though, found that the law does allow other businesses affected by the FDA decisions, like e-cigarette sellers, to sue in their home states.

In a dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said she would have sided with the agency and limited where the cases can be filed.  

The Campaign for Tobacco-Free Kids called the majority decision disappointing, saying it would allow manufacturers to “judge shop,” though it said the companies will still have to contend with the Supreme Court’s April decision.

Attorney Ryan Watson, who represented R.J. Reynolds, said that the court recognized that agency decisions can have devastating downstream effects on retailers and other businesses, and the decision “ensures that the courthouse doors are not closed” to them.


The Supreme Court said Monday it will hear from a faith-based pregnancy center in New Jersey challenging a state investigation alleging it misled people into thinking its services included referrals for abortion.

The justices agreed to consider an appeal from First Choice Women’s Resource Centers, which wants to block a 2023 subpoena from New Jersey Attorney General Matthew Platkin seeking information about donors, advertisements and medical personnel. It has not yet been served.

Attorneys for First Choice Women’s Resource Centers describe the organization as a “faith-based, pro-life pregnancy center.” The organization generally seek to steer women facing an unwanted pregnancy away from choosing an abortion.

The group challenged the subpoena in federal court, but a judge found that the case wasn’t yet far enough along to weigh in. An appeals court agreed.

First Choice Women’s Resource Centers appealed to the Supreme Court, saying the push for donor information had chilled its First Amendment rights.

“State attorneys general on both sides of the political aisle have been accused of misusing this authority to issue demands against their ideological and political opponents,” its lawyers wrote. “Even if these accusations turn out to be false, it is important that a federal forum exists for suits challenging those investigative demands.”.

Meanwhile, Platkin, a Democrat, has sought to enforce the subpoena in state court, but the judge there has so far refused the state’s push to require the group to turn over documents and told the two sides to negotiate instead.

The state asked the justices to pass on the case, saying the it doesn’t present the kind of significant lower-court controversy that requires the justices to step in.

“The decision below is correct and does not have the impacts petitioner alleges,” state attorneys wrote.


President Donald Trump’s administration on Friday asked the Supreme Court to allow him to resume his downsizing of the federal workforce, while a lawsuit filed by labor unions and cities proceeds.

The Justice Department is challenging an order issued last week by a federal judge in San Francisco that temporarily halted Trump’s efforts to shrink a federal government he calls bloated and expensive.

U.S. District Judge Susan Illston’s temporary restraining order questioned whether Trump’s Republican administration was acting lawfully in trying to pare the federal workforce.

Illston, an appointee of Democratic President Bill Clinton, directed numerous federal agencies to stop acting on Trump’s workforce executive order signed in February and a subsequent memo issued by the Department of Government Efficiency and the Office of Personnel Management.

Solicitor General D. John Sauer asked the court to quickly put the ruling on hold, telling the justices that Illston overstepped her authority.

Illston’s order expires next week, unless extended.

The case is the latest in a string of emergency appeals the Trump administration has made to the Supreme Court, including some related to firings. The administration separately has filed an emergency appeal with the 9th U.S. Circuit Court of Appeals in San Francisco, which has yet to act.

Tens of thousands of federal workers have been fired, have left their jobs via deferred resignation programs or have been placed on leave as a result of Trump’s government-shrinking efforts. There is no official figure for the job cuts, but at least 75,000 federal employees took deferred resignation, and thousands of probationary workers have already been let go.

In her order, Illston gave several examples to show the impact of the downsizing. One union that represents federal workers who research health hazards faced by mine workers said it was poised to lose 221 of 222 workers in the Pittsburgh office; a Vermont farmer didn’t receive a timely inspection on his property to receive disaster aid after flooding and missed an important planting window; a reduction in Social Security Administration workers has led to longer wait times for recipients.

Among the agencies affected by the temporary restraining order are the departments of Agriculture, Energy, Labor, the Interior, State, the Treasury and Veterans Affairs. It also applies to the National Science Foundation, Small Business Association, Social Security Administration and Environmental Protection Agency.

Plaintiffs include the cities of San Francisco, Chicago and Baltimore; the labor group American Federation of Government Employees; and the nonprofit groups Alliance for Retired Americans, Center for Taxpayer Rights and Coalition to Protect America’s National Parks.

Some of the labor unions and nonprofit groups are also plaintiffs in another lawsuit before a San Francisco judge challenging the mass firings of probationary workers. In that case, Judge William Alsup ordered the government in March to reinstate those workers, but the U.S. Supreme Court later blocked his order.


The Supreme Court on Friday barred the Trump administration from quickly resuming deportations of Venezuelans under an 18th-century wartime law enacted when the nation was just a few years old.

Over two dissenting votes, the justices acted on an emergency appeal from lawyers for Venezuelan men who have been accused of being gang members, a designation that the administration says makes them eligible for rapid removal from the United States under the Alien Enemies Act of 1798.

The court indefinitely extended the prohibition on deportations from a north Texas detention facility under the alien enemies law. The case will now go back to the 5th U.S. Circuit Court of Appeals, which declined to intervene in April.

President Donald Trump quickly voiced his displeasure. “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” he posted on his Truth Social platform.

The high court action is the latest in a string of judicial setbacks for the Trump administration’s effort to speed deportations of people in the country illegally. The president and his supporters have complained about having to provide due process for people they contend didn’t follow U.S. immigration laws.

The court had already called a temporary halt to the deportations, in a middle-of-the-night order issued last month. Officials seemed “poised to carry out removals imminently,” the court noted Friday.

Several cases related to the old deportation law are in courts

The case is among several making their way through the courts over Trump’s proclamation in March calling the Tren de Aragua gang a foreign terrorist organization and invoking the 1798 law to deport people.

The high court case centers on the opportunity people must have to contest their removal from the United States — without determining whether Trump’s invocation of the law was appropriate.

“We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution,” the justices said in an unsigned opinion.

At least three federal judges have said Trump was improperly using the AEA to speed deportations of people the administration says are Venezuelan gang members. On Tuesday, a judge in Pennsylvania signed off on the use of the law.

The court-by-court approach to deportations under the AEA flows from another Supreme Court order that took a case away from a judge in Washington, D.C., and ruled detainees seeking to challenge their deportations must do so where they are held.

In April, the justices said that people must be given “reasonable time” to file a challenge. On Friday, the court said 24 hours is not enough time but has not otherwise spelled out how long it meant. The administration has said 12 hours would be sufficient. U.S. District Judge Stephanie Haines ordered immigration officials to give people 21 days in her opinion, in which she otherwise said deportations could legally take place under the AEA.

The Supreme Court on Friday also made clear that it was not blocking other ways the government may deport people. Justices Samuel Alito and Clarence Thomas dissented, with Alito complaining that his colleagues had departed from their usual practices and seemingly decided issues without an appeals court weighing in. “But if it has done so, today’s order is doubly extraordinary,” Alito wrote.

In a separate opinion, Justice Brett Kavanaugh said he agreed with the majority but would have preferred the nation’s highest court to jump in now definitively, rather than return the case to an appeals court. “The circumstances,” Kavanaugh wrote, “call for a prompt and final resolution.”


The Supreme Court is hearing arguments Thursday in its first case stemming from the blitz of actions that have marked the start of President Donald Trump’s second term.

Before the court are the Trump administration’s emergency appeals of lower court orders putting nationwide holds on the Republican president’s push to deny citizenship to children born to people who are in the United States illegally.

Birthright citizenship is among several issues, many related to immigration, that the administration has asked the court to address on an emergency basis, after lower courts acted to slow the president’s agenda.

The justices are also considering the administration’s pleas to end humanitarian parole for more than 500,000 people from Cuba, Haiti, Nicaragua and Venezuela and to strip other temporary legal protections from another 350,000 Venezuelans. The administration remains locked in legal battles over its efforts to swiftly deport people accused of being gang members to a prison in El Salvador under an 18th century wartime law called the Alien Enemies Act.

In Thursday’s arguments, the justices will be weighing whether judges have the authority to issue what are called nationwide, or universal, injunctions. The Trump administration, like the Biden administration before it, has complained that judges are overreaching by issuing orders that apply to everyone instead of just the parties before the court.

Yet in discussing the limits of a judge’s power, the court almost certainly will have to take up the change to citizenship that Trump wants to make, which would upset the settled understanding of birthright citizenship that has existed for more than 125 years.

The first sentence of the 14th Amendment to the Constitution reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The Citizenship Clause, ratified in 1868 after the Civil War, was included to ensure that formerly enslaved people would be citizens. It effectively overturned the notorious Dred Scott decision, in which the Supreme Court held that Black people, no matter their status, were not citizens.

Since at least 1898 and the Supreme Court case of Wong Kim Ark, the provision has been widely interpreted to make citizens of everyone born on U.S. soil except for the children of diplomats, who have allegiance to another government; enemies present in the U.S. during hostile occupation; and, until a federal law changed things in 1924, sovereign Native American tribes.

Trump’s executive order would deny citizenship to children if neither parent is a citizen or lawful permanent resident. Those categories include people who are in the country illegally or temporarily because, the administration contends, they are not “subject to the jurisdiction” of the United States.

Almost immediately, states, immigrants and rights groups sued to block the executive order, accusing the Republican administration of trying to unsettle the understanding of birthright citizenship. Every court to consider the issue has sided with the challengers.

The administration is asking for the court orders to be reined in, not overturned entirely, and spends little time defending the executive order. The Justice Department argues that there has been an “explosion” in the number of nationwide injunctions issued since Trump retook the White House. The far-reaching court orders violate the law as well as long-standing views on a judge’s authority, Solicitor General D. John Sauer wrote on behalf of the administration.

Courts typically deal only with the parties before them. Even class actions reach only the people who are part of a class certified by a judge, though those can affect millions of people, Sauer wrote.

Nationwide injunctions, by contrast, have no limits and can even include parties who oppose what the court orders are designed to protect, he wrote. As an example, Sauer pointed to Republican-led states that favor the administration’s position but are subject to the nationwide injunctions.

But the justices may well ask about Trump’s executive order and perhaps even tip their hand.

Lawyers for the states and immigrants argue that this is an odd issue for the court to use to limit judges’ authority because courts have uniformly found that Trump’s order likely violates the Constitution. Limiting the number of people who are protected by the rulings would create a confusing patchwork of rules in which new restrictions on citizenship could temporarily take effect in 27 states. That means a child born in a state that is challenging Trump’s order would be a citizen, but a child born at the same time elsewhere would not, the lawyers said.



The Supreme Court on Wednesday ruled for the Food and Drug Administration in its crackdown on sweet-flavored vaping products following a surge in teen electronic cigarette use.

But the justices’ unanimous decision throwing out a federal appeals court ruling is not the final word in the case, and the FDA could change its approach now that President Donald Trump has promised to “save” vaping.

The high court ruled that the FDA, during President Joe Biden’s administration, did not violate federal law when it denied an application from Dallas-based company Triton Distribution to sell e-juices like “Jimmy The Juice Man in Peachy Strawberry” and “Suicide Bunny Mother’s Milk and Cookies.” The products are heated by an e-cigarette to create an inhalable aerosol.

Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, called the decision “a major victory for the health of America’s kids and efforts to protect them from the flavored e-cigarettes that have fueled a youth nicotine addiction crisis.”

The FDA has rejected applications for more than a million nicotine products formulated to taste like fruit, dessert or candy because their makers couldn’t show that flavored vapes had a net public benefit, as required by law.

It has approved some tobacco-flavored vapes, and recently it allowed its first menthol-flavored e-cigarettes for adult smokers after the company provided data showing the product was more helpful in quitting.

But the conservative 5th U.S. Circuit Court of Appeals sided with Triton, agreeing that the FDA changed its standards with little warning in violation of federal law.

While mainly ruling for the FDA on Wednesday, the Supreme Court noted that the agency had said the company’s marketing plan would be an important factor in evaluating its application. But it ultimately did not consider the marketing plan, Justice Samuel Alito wrote for the court.

Attorney Eric Heyer, who represented the company, expressed disappointment with the ruling but said Triton believes “in the great harm reduction potential” of the products and plans to continue litigation.

The appeals court was ordered to consider if the failure to do so is an important mistake that might still lead to a decision in Triton’s favor.


The chief justice of the Michigan Supreme Court announced Wednesday that she is stepping down from the court by the end of April, opening the door for the court to have a 6-1 majority of Democratic-backed justices.

Elizabeth Clement did not give a reason for her upcoming resignation.

“Leading our state’s highest court has been an opportunity to continue a proud record of independence, fairness, and commitment to the rule of law,” Clement said in a statement. “I am thankful to my colleagues for their support and friendship, as well as for their willingness to seek common ground in serving the people of Michigan.”

Michigan’s justices are technically nonpartisan, but they are nominated by parties or appointed by the governor in the case of a vacancy. The court currently has a 5-2 majority of justices backed by Democrats after picking up a seat in the November election.

Democratic Gov. Gretchen Whitmer has the opportunity to appoint a justice to fill Clement’s vacancy and create a 6-1 majority of Democratic-backed justices. Whoever fills the vacancy must run for retention in 2026 for a full eight-year term.

Clement was appointed to the Michigan Supreme Court in 2017 by Republican Gov. Rick Snyder. She secured a full term in the 2018 general election and her term was set to end in 2026. In November 2022, she was chosen to serve as Chief Justice.

“Going forward, my plan is to continue working to find ways to bring people together, to put data to work, and to make a difference in the lives of people so that interactions with our justice system result in safer communities and stronger families,” Clement said in the statement released by the court.




[Image Credit: Pexel]

by breakinglegalnews.com

A conservative Wisconsin Supreme Court justice announced Thursday that he will not participate in a case that could determine whether tens of thousands of public sector workers regain collective bargaining rights lost under a 2011 law.

Justice Brian Hagedorn, who played a key role in drafting the law known as Act 10 while serving as chief legal counsel for then-Gov. Scott Walker, has recused himself from the case. His decision leaves the court with four liberal justices and two conservatives.

Earlier this week, the Republican-controlled Legislature requested that liberal Justice Janet Protasiewicz also step aside, citing her past opposition to Act 10. Before joining the court, she had called the law unconstitutional, signed a petition to recall Walker, and participated in protests at the Capitol in 2011.

In a brief two-page order, Hagedorn stated that legal ethics required his recusal. Democratic lawmakers had urged him to withdraw from the case on Tuesday.

“The issues raised involve matters for which I provided legal counsel in both the initial crafting and later defense of Act 10, including in a case raising nearly identical claims under the federal constitution,” Hagedorn wrote.

Justice Janet Protasiewicz has not responded to calls for her recusal. However, even if she were to step aside, the court would still hold a 3-2 liberal majority.

On Thursday, Protasiewicz did not participate in an incremental ruling related to the case.

Last month, a Dane County Circuit judge struck down most of Act 10, ruling that it violates the Wisconsin Constitution’s equal protection guarantees by categorizing public employees into “general” and “public safety” workers. The ruling would restore collective bargaining rights to all public sector employees who lost them under the 2011 law.

However, the judge placed the ruling on hold pending an appeal. The school workers’ unions that filed the lawsuit have asked the Wisconsin Supreme Court to take the case directly, bypassing the appeals court. The justices have not yet decided whether to hear it.


The Supreme Court Revives Corporate Transparency Act, Mandating Small Business Registration

The Supreme Court has reinstated a key provision of the Corporate Transparency Act (CTA), requiring owners of over 32.6 million small businesses to register personal information with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). This act, designed to combat money laundering and the misuse of anonymous shell companies, was previously blocked by a federal judge in Texas and held by the 5th U.S. Circuit Court of Appeals.

[Image credit: Pexel]

Key Details of the Ruling:

  • What is Required: Small business owners must provide personal information, including photo IDs and home addresses, to FinCEN.
  • Purpose: To deter financial crimes and increase transparency in corporate ownership.
  • Legal Challenges: Opposed by Republican-led states, conservative groups, and business associations, the law was initially struck down on grounds that Congress overstepped its authority.

Reactions:

  • Supporters: Labor, environmental, and progressive groups applaud the decision as a win for transparency.
  • Opponents: Business organizations express concerns about compliance challenges and legal uncertainty. The National Small Business Association and Small Business & Entrepreneurship Council have called for clarity and leniency for late filers.

Next Steps:

  • The Supreme Court’s decision allows enforcement to proceed while the Texas case continues.
  • Advocates for repeal, including business leaders, urge Congress to reassess the mandate.

This decision marks a significant step in the federal government’s efforts to curb illicit financial activities, though its future enforcement and impact remain subjects of heated debate.

by breakinglegalnews.com


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