The Trump Administration is taking its fight to implement a controversial executive order halting travel from six largely Muslim countries for 120 days to the highest judicial level: the Supreme Court. Lower courts have blocked parts of President Donald Trump’s revised order–he scrapped a first attempt earlier this year after courts stopped it–over the past few weeks.

Trump’s harsh campaign rhetoric regarding Muslims, critics argued, revealed that his true motivation for instituting the ban was to stop Muslims from coming to the country. Trump has said the order–which blocked travel from Syria, Iran, Yemen, Libya, Sudan, and Somalia–is grounded in national security concerns.

In its brief, the administration argued:

The stakes are indisputably high: The court of appeals concluded that the president acted in bad faith with religious animus when, after consulting with three members of his cabinet, he placed a brief pause on entry from six countries that present heightened risks of terrorism. The court did not dispute that the president acted at the height of his powers in instituting [the order’s] temporary pause on entry by nationals from certain countries that sponsor or shelter terrorism.

The road to the Supreme Court has been seemingly inevitable. Trump crumpled up his first order, issued on January 27, after a federal appeals court in San Francisco blocked it in February.

The president issued a revised ban in March, which dropped the number of affected countries from seven to six (Iraq was removed), removed specific references to protecting Christian minorities, and allowed for a more case-by-case approach to determine which travelers are allowed into the country. Like the first order, it froze the refugee program for 120 days, and dropped the threshold of admitted refugees each year from 110,000 to 50,000.

If the High Court decides to take up the case, it will be an early test for Neil Gorsuch, the court’s newest justice. In his Senate confirmation hearing in March, Gorsuch barely budged when asked about his views on the travel ban. Referring to a previous comment from a senator that Gorsuch would likely preserve the ban, Gorsuch said: “He has no idea how I would rule in that case. And senator, I am not going to say anything here that would gave anybody any idea how I would rule.” When Sen. Patrick Leahy (D-VT) asked Gorsuch what he thought of banning other religions or citizens of entire countries, like Jews from Israel, Gorsuch replied:

We have a Constitution. And it does guarantee freedom to exercise. It also guarantees equal protection of the laws and a whole lot else besides, and the Supreme Court has held that due process rights extend even to undocumented persons in this country. I will apply the law faithfully and fearlessly and without regard to persons.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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The year-long scuffle over the Supreme Court’s ninth seat ended Friday morning, when the Senate confirmed Neil Gorsuch to fill the vacancy left by Justice Antonin Scalia, who died last February. Voting largely along party lines–save for three Democrats–the 54-45 vote capped weeks of fierce debate, culminating in a historic rule change that could further deepen the partisan rancor in the Senate.

After failing to secure the 60 votes needed to break a Democratic filibuster, Senate Republicans on Thursday triggered the so-called “nuclear option,” effectively disposing of the filibuster option for Supreme Court nominees. As a result, the 60-vote threshold dropped to a simple majority which, with 52 members in the 100-member chamber, Republicans had no trouble reaching.

“[Gorsuch] has sterling credentials, an excellent record and an ideal judicial temperament,” Sen. Mitch McConnell said after the vote. “He has the independence of mind for fairness.” Throughout 20 hours of questioning from the Senate during his confirmation hearings last month, Gorsuch was predictably elusive, neglecting to say where he would stand on specific issues.

Democrats said his strict interpretation of the Constitution put him out of the “mainstream,” and argued he too often ruled in favor of big corporations. But from the beginning, the fight was a referendum on the man who nominated Gorsuch, President Donald Trump. It was also retribution for McConnell’s refusal to give Merrick Garland–who President Barack Obama nominated to the seat–a hearing. McConnell argued a sitting-duck president should not have the authority to nominate a judge to the Supreme Court.

But despite weeks of mostly uniform Democratic resistance to Gorsuch, three Democrats, all from states that Trump captured in the election, supported him: Sens. Heidi Heitkamp (ND), Joe Manchin III (WV), and Joe Donnelly (IN). Republican Johnny Isakson of Georgia did not cast a vote.

With an immovable Democratic resistance threatening to derail the nomination of a candidate who, by many metrics, was qualified, Republicans took the extreme step of pursuing the “nuclear option.” For legislative votes, however, the filibuster will remain in place. The move was not without precedent. In 2013, then-Democratic Majority Leader Harry Reid dismantled the filibuster option for lower federal court picks and cabinet appointees.

After leading the resistance against Gorsuch, Sen. Chuck Schumer (D-NY), the minority leader, said he hopes Gorsuch will not be beholden to the man who nominated him to the court. “I hope Judge Gorsuch has listened to our debate here in the Senate, particularly about our concerns about the Supreme Court increasingly drifting towards becoming a more pro-corporate court that favors employers, corporations and special interests over working Americans,” Schumer said, imploring Gorsuch to be “the independent and fair-minded justice that America badly needs.” Gorsuch will be sworn in on Monday.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post A Day After the Rule Change, Senate Confirms Neil Gorsuch to the Supreme Court appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Chemical Attack in Syria Kills Dozens of Civilians

A chemical attack in Syria’s Idlib province has killed at least 58 people, including many children. Human rights groups say either the Syrian government or Russian jets perpetrated the attack. Chemical weapons cause a horrendous and painful death–victims essentially choke to death. According to witnesses, the attack started early in the morning when they saw airplanes flying overhead and a series of loud explosion. Shortly after, civilians on the ground started displaying symptoms of a gas attack.

Horrible pictures of chemical weapons attack in Idlib. The world could have protected these kids years ago, but is still refusing to. #Syria

— James Sadri (@halfiranian) April 4, 2017

The Syrian government and Russia both deny all involvement, but some international leaders have already condemned the move as a war crime. Turkey’s President Recep Erdogan told President Vladimir Putin that this could complicate their upcoming peace talks.

This attack comes just a few days after U.S. Ambassador to the United Nations, Nikki Haley, said that ousting Syria’s President Bashar al-Assad is no longer a priority.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: April 4, 2017 appeared first on Law Street.

Neil Gorsuch will likely face an uphill battle in securing the Supreme Court’s vacant ninth seat. On Thursday, the last day of Gorsuch’s Senate confirmation hearings, Democrats signaled they would filibuster President Donald Trump’s nominee to the Supreme Court. That would leave Republicans with two options: introduce a new nominee, or pursue the so-called “nuclear option,” and obliterate the filibuster possibility for Supreme Court nominees.

In a speech on the Senate floor Thursday morning, Sen. Chuck Schumer (D-NY), the Minority Leader, said Gorsuch “will have to earn 60 votes for confirmation,” adding: “My vote will be no.” As the rules stand, Gorsuch would require 60 votes–eight Democrats along with the 52 Republican Senators–to pass. If Republicans decide to scrap the filibuster option, a simple majority would be sufficient.

Voicing a common concern among Democrats and liberal groups, Schumer said he fears Gorsuch would interpret the law in an ultra-conservative manner. “His career and judicial record suggest not a neutral legal mind but someone with a deep-seated conservative ideology,” Schumer said, adding that if Gorsuch cannot clear the 60-vote mark, “the answer isn’t to change the rules,” but “to change the nominee.”

If Republicans, led by Sen. Mitch McConnell (R-KY), choose to scrap the filibuster–something Trump has expressed support for–they would not be without precedent. In 2013, Democrat Harry Reid, the Senate Majority Leader at the time, changed the rules for most presidential appointments, including federal judiciary nominees and cabinet appointees, to require simple majorities instead of the 60-vote threshold. Reid, who recently retired, kept the filibuster in place for Supreme Court nominees.

In undoing the filibuster, Reid and most Democrats (a few opposed the move) said it was a necessary response to what they saw as unprecedented Republican obstruction. Republicans saw it as a gross abuse of power that would come back to haunt Reid. McConnell called it a “power grab.” Indeed, many of Trump’s less-popular cabinet appointments narrowly passed the Senate, and likely would have been thwarted had the ability to filibuster been in place.

Gorsuch’s best chance at securing the nomination could come through the handful of Democrats who will be up for re-election next year in states that Trump won. But if Sen. Bob Casey (D-PA), who is up for re-election next year, is a harbinger of how his colleagues will vote, Gorsuch would fall short of 60 votes. “I have serious concerns about Judge Gorsuch’s rigid and restrictive judicial philosophy,” Casey, said on Thursday. Gorsuch, he said, “employs the narrowest possible reading of federal law and exercises extreme skepticism, even hostility, toward executive branch agencies.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Democrats Signal That They Will Filibuster The Gorsuch Vote appeared first on Law Street.

Public school districts are obligated to provide students with disabilities a chance to make “appropriately ambitious” progress, the Supreme Court unanimously ruled on Wednesday. The case, Endrew F. v. Douglas County School District, could have widespread implications when it comes to how educators treat special education students moving forward–as children with the right to advance in the classroom.

“It cannot be right that the IDEA generally contemplates grade-level advancement for children with disabilities who are fully integrated in the regular classroom, but is satisfied with barely more than de minimis progress for children who are not,” Chief Justice John Roberts wrote in a unanimous opinion, using the acronym for the Individuals with Disabilities Education Act, which guarantees free public education for students with disabilities.

The plaintiff, Endrew F., has autism. In 2010, his parents determined that his public school was not providing him with a sufficiently rigorous education. They removed Endrew from public school and enrolled him in a private school, Firefly Autism House. After spending two years at the private school, Endrew’s parents sought reimbursement for his private school tuition with the Colorado Department of Education. That request was denied by an Administrative Law Judge, but the case moved forward.

A Federal District Court later ruled in favor of the school district; the Tenth Circuit Court of Appeals affirmed that decision. Wednesday’s decision vacates the lower court’s ruling. According to the National Association of State Directors of Special Education, which filed a brief for Endrew F. v. Douglas County School District, “public school educators across the nation have regularly set high expectations for and provided meaningful educational benefits to students with disabilities.”

The brief continued: “Decades of research and experience establish that the education of children with disabilities is enhanced by placing high expectations on these children – tailored to their individual abilities and potential – in order to prepare them to be college- and career- ready and to lead productive and independent adult lives.”

The 8-0 decision came as Neil Gorsuch, President Donald Trump’s Supreme Court nominee, is on the third day of his confirmation hearings. Gorsuch has been involved in over ten cases involving students with disabilities. In eight he sided with the school district. In today’s hearing, Sen. John Cornyn (R-TX), asked Gorsuch about his pro-school district record on cases like the Endrew. “I was wrong, Senator, because I was bound by circuit precedent, and I’m sorry,” he said.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Supreme Court Rules in Favor of Special Education Rights appeared first on Law Street.

FBI to Investigate Breitbart, Other Media Outlets, Over Russian Ties

The FBI is getting ready to investigate Breitbart News and some other right wing media outlets to see whether they cooperated with Russia to boost President Donald Trump during the 2016 campaign. The agency is reportedly looking into online bots that pushed out fake and real news stories that were supportive of Trump. The automated bots would create millions of posts on social media that linked to far-right sites like Breitbart, and Russian-backed outlets like RT and Sputnik News. Observers noticed that whenever damaging information about Trump was revealed or his campaign was thought to be struggling, anti-Clinton posts would surge.

Investigators will try to determine whether the media outlets knew what the bots were doing when they were pushing fake news. This announcement resulted in mixed reactions on social media. While many thought this investigation was a long time coming, some expressed concerns about freedom of the press.

Am I the only one who thinks an FBI counter-intel investigation of Breitbart is a dangerous move for press freedom? https://t.co/jn0eZHM3zI

— David Mastio (@DavidMastio) March 21, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: March 22, 2017 appeared first on Law Street.

A federal appeals court late Thursday night affirmed a lower court’s decision to block President Donald Trump’s executive order that banned travel from seven countries to the U.S. The ruling is a blow to Trump’s efforts to clamp down on refugees and immigrants from “terror prone” countries the White House says pose a threat to U.S. security. Trump said the ruling was a “political decision,” and pledged to bring the case to the Supreme Court.

For now, refugees and visa-holders–who have already been vetted and admitted to the U.S. by the Department of Homeland Security–from Syria, Yemen, Iran, Iraq, Sudan, Somalia, and Libya will be allowed to travel and settle in the U.S. Trump’s executive order, issued on January 27, barred refugees from entering the U.S. for at least 120 days, and visa-holders for at least 90 days. Syrians–refugees and travelers–would have been blocked indefinitely.

The U.S. Court of Appeals for the Ninth Circuit, in San Francisco, deliberated for two days before coming to a conclusion. The three-judge panel unanimously agreed that the executive order could violate the Fifth Amendment, which prohibits the government from denying “life, liberty, or property, without due process of law.”

The three judges, appointees of Presidents Barack Obama, Jimmy Carter, and George W. Bush, said: “we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.” Trump tweeted his disapproval just moments after the court’s decision:

SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!

— Donald J. Trump (@realDonaldTrump) February 9, 2017

The road to the appeals court began last Friday, when a district court judge in Seattle granted a temporary restraining order on the travel ban. That judge, James Robart, sided with the states of Washington and Minnesota, the plaintiffs in the case, and said that because of the travel ban, the states “are likely to suffer irreparable harm in the absence of preliminary relief.” The White House immediately appealed to the court in San Francisco, and after a day of oral arguments and two days of deliberations, the appeals court affirmed Robart’s ruling.

The appeals court was unconvinced by the administration’s argument that the judiciary has no authority to question executive actions involving national security. “It is beyond question,” the decision said, “that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.” The court did say the government should enjoy deference in matters of national security, but reiterated that those decisions are not “unreviewable.”

The Trump Administration will likely file an emergency appeal to the Supreme Court within the next few days. With the pending confirmation of Trump’s Supreme Court nominee Neil Gorsuch, the court has eight justices, which many consider ideologically split 4-4. If the case ends up in their docket, a 4-4 vote would keep the appeals court’s ruling in place. A Supreme Court hearing and decision could come as early as next week.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Federal Appeals Court Refuses to Reinstate Travel Ban: What You Need to Know appeared first on Law Street.

Gorsuch Stands Up to Trump

President Trump’s Twitter comments about the judges who are weighing his controversial immigration ban have now drawn criticism even from his own Supreme Court nominee, Neil Gorsuch. Trump called U.S. District Judge James Robart a “so-called judge,” attacked the justice system as “disgraceful,” and criticized judges for being too political. During a private meeting with Senator Richard Blumenthal yesterday, Gorsuch apparently called Trump’s negative tweets “disheartening” and “demoralizing.” After Blumenthal told the media about their conversation, Trump went for a Twitter attack early this morning, attacking Blumenthal for lying about serving in the Vietnam War.

Sen.Richard Blumenthal, who never fought in Vietnam when he said for years he had (major lie),now misrepresents what Judge Gorsuch told him?

— Donald J. Trump (@realDonaldTrump) February 9, 2017

But Gorsuch’s comments were also confirmed by Ron Bonjean, who is part of the group guiding Gorsuch through the confirmation process.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: February 9, 2017 appeared first on Law Street.

It all began almost exactly one year ago: Supreme Court Justice Antonin Scalia was found dead in his hunting lodge in Texas. We all know what happened next. President Barack Obama nominated Merrick Garland to fill Scalia’s seat. Republicans, led by Senate Majority Leader Mitch McConnell, refused to allow Garland a hearing. The stonewalling paid off when Donald Trump won the presidential election in November. On Tuesday, President Trump nominated Neil Gorsuch, a federal appeals court judge in Denver, to fill the vacant post. But Gorsuch has a number of hurdles to clear before he can take a seat on the most coveted bench in the land.

First, he must complete a questionnaire that can run up to a few hundred pages long. Gorsuch will have to cite every opinion he has written. He will also have to divulge all of his sources of income–including speaking fees–and any essays and other documents he has written. The Senate will examine his answers, the FBI will conduct a background check, and members of the Senate Judiciary Committee will conduct investigations of their own.

Next, after procedural obstacles are cleared, the long and arduous journey to the confirmation hearing will begin. Gorsuch will meet privately with Senators of both parties. Meanwhile, Democrats and Republicans will hash out the details of the confirmation hearing, such as when it will be held, and how many witnesses will be allowed to participate. To prepare for the hearing, which can last three to four days, Gorsuch will undergo a mock hearing with his advisers, where they will try to foresee any questions that might be hurled his way.

The final step, a Senate vote, is where things can get really interesting. This is no ordinary vote. Many Democrats vividly remember how Republicans treated Garland; others seem ready to support Gorsuch. Confirmation, as the rules currently stand, requires 60 Senate votes. There are 52 Republican Senators and 46 Democrats (and two Independents). Therefore, if the GOP unanimously backs Gorsuch, they would need eight Democrats to push him through.

But the chorus of Democrats who wish to obstruct Trump’s nominee as the Republicans did Obama’s nominee is growing. As the rules stand, they do have that ability: Democrats could choose to filibuster and effectively refuse to give Gorsuch the 60 votes he needs to pass. There are signs, however, that McConnell is willing to change the rules to lower the threshold of votes needed to pass to 51, or a simple majority vote. If that happens, Gorsuch would sail through the confirmation vote.

In a meeting with McConnell and other Republicans, Trump seemed to support a rule change if it comes to that. “If we end up with that gridlock, I would say, ‘If you can, Mitch, go nuclear,'” he said. In 2013, Harry Reid, the Democratic Senate majority leader at the time who has since retired, provided a blueprint for a rule change. Responding to Republican opposition to Obama’s agenda, Reid slashed the filibuster option for cabinet positions and other presidential nominations, including judicial nominees. If McConnell embraces the same route, the rule change would affect Supreme Court nominations beyond Gorsuch, beyond Trump’s presidency, and beyond the current Republican hold on Congress.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post What Happens Next for SCOTUS Nominee Neil Gorsuch? appeared first on Law Street.

Tuesday evening, the process of filling the vacant Supreme Court seat began, when President Donald Trump nominated Neil Gorsuch to succeed conservative Justice Antonin Scalia, who passed away last February. At 49, Gorsuch is the youngest Supreme Court nominee in 25 years and, if confirmed, would restore the 5-to-4 conservative bent of the court, which has been ideologically split since Scalia’s passing.

Gorsuch, a Denver native who practiced law in Washington D.C. and was in the same class as President Barack Obama at Harvard Law School, is widely seen as fitting the right-wing mold of Scalia. He has served for nearly a decade on the U.S. Court of Appeals for the 10th Circuit in Denver, and earlier in his career, clerked for two Supreme Court justices, Justice Byron White and Justice Anthony Kennedy. Here are five cases which provide a window into Gorsuch’s judicial philosophy:

Hobby Lobby Stores, Inc. v. Sebelius

One of the mandates in the Affordable Care Act is that employers must provide their employees with health insurance that covers contraceptives. In 2013, the owner of an Oklahoma-based arts-and-crafts chain, Hobby Lobby, challenged that mandate at the 10th Circuit appeals court. David Green argued that the ACA’s mandate infringed upon his religious liberty; providing health insurance that covered contraceptives went against his Christian faith.

Gorsuch, and four of his colleagues, agreed, and Green won the challenge. The Supreme Court later affirmed the 10th Circuit’s ruling. “As the Greens explain their complaint, the ACA’s mandate requires them to violate their religious faith by forcing them to lend an impermissible degree of assistance to conduct their religion teaches to be gravely wrong,” Gorsuch wrote in his concurring opinion.

Yellowbear v. Lampert

Andrew Yellowbear, an inmate at a prison in Wyoming, sued the director of the Wyoming Department of Corrections for denying him access to the prison’s sweat lodge. As part of his Native American heritage and religious beliefs Yellowbear, serving a life sentence for murdering his daughter, wished to use the sweat lodge for prayer and meditation. In 2014, Gorsuch and his colleagues at the 10th Circuit court agreed with the plaintiff, and reversed an earlier district court ruling.

Writing in the majority opinion, Gorsuch said: “While those convicted of crime in our society lawfully forfeit a great many civil liberties, Congress has (repeatedly) instructed that the sincere exercise of religion should not be among them — at least in the absence of a compelling reason. In this record we can find no reason like that.”

A.M. v. Holmes

In May 2011, a seventh grade student in Albuquerque, New Mexico interrupted a gym class by making fake burping sounds. He was arrested and charged with a misdemeanor. The student’s mother brought a case against the school’s principle and the police officer to a district court in New Mexico. The judges ruled in favor of the defendants, and last summer, the case wound up in the U.S. Court of Appeals for the 10th Circuit.

The justices confirmed the decision of the lower court, and sided with the defendants–the school and police. But Gorsuch disagreed with the majority opinion. “If a seventh grader starts trading fake burps for laughs in gym class, what’s a teacher to do? Order extra laps? Detention? A trip to the principal’s office? Maybe,” he wrote in his dissenting opinion. “Respectfully, I remain unpersuaded.”

American Atheists Inc. v. Davenport

In 2010, the U.S. Court of Appeals for the 10th Circuit found that memorial crosses that ran along a highway in Utah were unconstitutional as an “endorsement of religion” by the government. Gorsuch and three of his fellow justices disagreed with the majority on the case. The Supreme Court declined to hear the case in 2011.

In his dissenting opinion, Gorsuch cited a Supreme Court precedent that found roadside memorial crosses “need not be taken as a statement of governmental support for sectarian beliefs.” He also said the court’s finding that a “reasonable observer” might not be able to read the names on the crosses as they drove past, and thus that they could interpret the crosses as a government endorsement of Christianity is a moot point. “Most Utahans, the record shows, don’t even revere the cross,” he added.

Direct Marketing Association Inc. v. Brohl

This case centers around a 1992 Supreme Court decision, Quill Corp. v. North Dakota, which found that if an online retailer does not have a physical presence in a state (like Amazon), it is not required to collect a state sales tax. But an online retailer that does have a physical presence in a state (like Best Buy), is required to collect a sales tax.

Colorado enacted a law in 2010 that forced online retailers, no matter their brick-and-mortar presence in the state, to collect a state sales tax. Direct Marketing Association, a group of businesses, challenged the law in court. Last February, the case ended up in the 10th Circuit appeals court in Denver. The court reversed district court rulings in favor of the DMA, and found that the law does not “discriminate against nor does it unduly burden interstate commerce.” Gorsuch concurred.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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