Close
Date TimeJune 26, 2019
Voice

Supreme Court’s Conservative Justices Weigh Scrapping Another Precedent
(Bloomberg) -- The U.S. Supreme Court’s conservative majority may be ready to overturn a longstanding precedent for the third time in recent weeks -- perhaps foreshadowing the vulnerability of its rulings on abortion rights.The justices will rule as early as Wednesday on a business-backed bid to overturn decades-old decisions that give federal agencies broad power to say what their regulations mean.The case is one of eight rulings due before the justices’ term ends this week. The court also plans to rule on gerrymandered voting maps and the Trump administration’s bid to add a citizenship question to the 2020 census.Another precedent-toppling ruling would extend a pattern that already has liberal justices sounding alarms. They’ve hinted that the five conservative justices may be eyeing the landmark 1973 Roe v. Wade ruling, which legalized abortion nationwide.“Today’s decision can only cause one to wonder which cases the court will overrule next,” dissenting Justice Stephen Breyer wrote last month when the court overruled a 1979 precedent to say that states are immune from private suits in another state’s courts.“Well, that didn’t take long,” Justice Elena Kagan wrote 39 days later when the court overturned part of a 1985 ruling and said people could go directly to federal court to claim that a government regulation unconstitutionally took private property without compensation. “Now one may wonder yet again.”Both of those were 5-4 decisions, with Chief Justice John Roberts and the other Republican appointees -- Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh -- in the majority.Ducking AbortionSo far, the court has largely sidestepped the explosive topic of abortion. In May, the court turned away Indiana’s bid to bar abortions based on a fetus’s race or gender or a risk of genetic disorder -- an appeal that could have raised new doubts about Roe. The justices did uphold a separate Indiana law requiring clinics to bury or cremate fetal remains.The court could provide new signals about its intentions on abortion this week. The justices are due to say whether they’ll consider Alabama’s effort to ban the most common method used for women in their second trimester of pregnancy.The court under Roberts has actually overturned precedents at a slower rate than previous courts, says Jonathan Adler, a constitutional law professor at Case Western Reserve School of Law. Before this term started, the Roberts court had issued only 13 rulings that overturned a precedent, according to data from the Government Printing Office, he says.But Roberts, who took his seat in 2005, has never had a conservative majority as reliable as the one he got when the Senate confirmed Kavanaugh to succeed the retired Anthony Kennedy.“It is certainly possible either that the court may become more aggressive going forward or that the cases in which the court reconsiders precedents will have a greater ideological uniformity,” Adler said.Adler is among those urging the court to overturn a 1997 ruling, Auer v. Robbins, that requires judges to defer to a federal agency’s interpretation of its own regulations, as long as its approach is reasonable.Business groups say that ruling, along with a related 1945 decision, leads to onerous and unpredictable rules and leaves companies vulnerable to penalties when an agency shifts its thinking. Defenders of the rulings say they give agencies flexibility to account for changing circumstances.Religion and GerrymandersThe regulation, property-rights and sovereign-immunity cases are among the four appeals this term that squarely asked the justices to topple at least one precedent.The fourth one split the court in an unusual way last week. The court had been asked to overturn a rule that lets states and the federal government file separate criminal charges over the same conduct without violating the Constitution’s ban on double jeopardy.The court refused on a 7-2 vote, reaffirming precedents dating to the middle of the 19th century. Alito’s majority opinion said the case for keeping precedents “grows in proportion to their antiquity.” An unlikely pair of justices -- Gorsuch and liberal Ruth Bader Ginsburg -- dissented.Three other cases have raised questions about precedents, though less directly. In backing hunting rights in Wyoming for the Crow Indian Tribe, a majority that included the four liberals and Gorsuch said an 1896 ruling had previously been “repudiated.”In ruling last week that a 40-foot cross could remain in a Maryland public intersection as a war memorial, a majority of justices criticized, without overruling, a 1971 decision that set up a three-part test for assessing whether government support for religion goes too far.And the gerrymandering cases could topple a 1986 ruling that said voting maps could be challenged as too partisan, though the justices in that case couldn’t agree on a standard for doing so. Paul Clement, the lawyer defending a Republican-drawn North Carolina congressional map, told Roberts during arguments in March that the court might need to overturn that ruling.‘Jolt to the System’At the center of it all is Roberts, who said in his 2005 Senate confirmation hearing that overruling a precedent is a “jolt to the legal system.” He has tended to take a multi-step approach toward questioning a precedent, signaling concern in a preliminary case before voting to overturn it altogether.“His favorite methodology seems to be to essentially chip away at cases in various steps so that the day that the case is actually overruled it’s really not even news, it’s been coming for a couple of years,” Clement said last month at a symposium co-hosted by the conservative Heritage Foundation and Bradley Foundation.Writing the majority opinion in the property-rights case last week, Roberts said the 1985 Williamson County v. Hamilton Bank ruling relied on “exceptionally ill-founded reasoning,” had been repeatedly criticized by justices over the years and had proven “unworkable in practice.”It’s still too early to judge how Roberts will act toward precedents now that he has a stronger conservative majority, Adler said.“Like a lot of people I’m curious if the chief is going to become more aggressive, but I’m not willing to say that we can be sure of that yet,” said Adler.To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.netTo contact the editors responsible for this story: Joe Sobczyk at jsobczyk@bloomberg.net, Laurie Asséo, John HarneyFor more articles like this, please visit us at bloomberg.com©2019 Bloomberg L.P.




The biggest Porsche Taycan teasers in one place
Feds: Rep. Duncan Hunter paid for affairs with campaign cash
Sri Lanka reinstates death penalty for drug crimes ahead of polls
Japan's Abe wants G-20 to unite on trade, Middle East
Supreme leader says Iranians won't budge over US sanctions
Meghan Markle's 'updated' engagement ring gets slammed by royal expert: 'I find it a bit odd'
Khloe Kardashian Wants To ‘Go Big’ For 35th Birthday Party: She Has ‘High Hopes’ For Life Post Tristan
Ian Brady allowed to interact with vulnerable boys at Wormwood Scrubs prison, new files show
NRA dumps its ad firm, TV crew and Dana Loesch
2018 Dodge Demon Could Be Yours
After long delay, U.S. Supreme Court may act on 'Dreamers' immigrants
Mueller Sets Up Dramatic Showdown With Deal for Public Testimony
US-China trade spat, Iran tensions to dominate weighty G20
NRA shuts down production at TV channel amid leadership coup attempt and legal troubles
U.A.E. Splits With U.S. Over Blame for Oil Tanker Attack in May
The Secret Is Out: How a Russian MiG-31 Shot Down Another MiG-31
Knock Knock, Who’s There? A 1969 Chevrolet Camaro SS
Mika Brzezinski on Trump’s attacks: ‘It has gotten scary’
Motor vehicle head resigns over fatal crash that killed 7
Meghan McCain: I Assume I’ll Be ‘Raked Over the Coals’ for Doubting E. Jean Carroll’s Story
U.S. Special Counsel Mueller to testify before House panels on July 17: statement
U.S.'s Pompeo faces thorny issues on India visit, from trade to Russia arms deals
Toy Car for a Grown Up: 2013 Camaro SS Hot Wheels Edition
2016 Dodge Charger Scat Pack Gets Petty’s Power Upgrade
The Latest: Saudi Arabia says it shot down Yemen drone
Police release last known images of missing Utah college student, ask for tips
DA claims Cardi B plotted attack on strip club rivals
Kylie Jenner claps back at Alex Rodriguez: 'Umm no i didn’t'
Jeff Austin, the bluegrass musician who co-founded Yonder Mountain String Band, has died
Beth Chapman is 'not expected to recover' after being placed in coma
Iran 'never seeks war' with US, says Rouhani
Hannity on Mueller Testimony: ‘They Are Harassing the Office of the President!’
David Silva confirms he will leave Manchester City at end of next season
Robert Mueller to testify publicly to Congress over Russian probe
Eric Trump Says He Was Spit on by Restaurant Employee in Chicago
Images of drowned Salvadoran migrant and 2-year-old child stir outrage
Trump Announces ‘Hard Hitting’ New Sanctions on Iran
Trump sexual assault accuser E Jean Carroll considers police complaint
Trump committed to campaign to oust Venezuela's Maduro: U.S. envoy
Pompeo faces thorny issues on India visit, from trade to Russia arms deals
The Latest: Mass RMV head resigns over crash that killed 7
Sheriff: Mom abused her children, boiled puppies to death
What's wrong with Palestinian surrender, Israel's UN envoy asks
Hawaii skydiving crash victims included young couple, sailor
Democrat O'Rourke proposes 'war tax' on affluent U.S. families without military members
Mueller to testify publicly before House committees July 17
Relative: Gunman killed 4, self over jealousy of in-laws
APNewsBreak: Oregon governor says GOP must return to state
The Latest: Protesters demonstrate at El Paso border station
Venezuelan president Nicolas Maduro's ex-spy chief reveals new details of plot topple him
Iran Says New U.S. Sanctions Mark ‘Permanent Closure’ of Diplomacy
Federal judges send 2020 census lawsuit back to lower court
US border chief resigns amid outcry over treatment of migrant children
FedEx loses $2 billion, warns of headwinds in coming year
Trump on rape accuser: 'She's not my type'
UK's Johnson warns EU against any 'Napoleonic' tariffs in no-deal Brexit
Today’s top deals: Smartwatch with 30-day battery life, SanDisk microSD, big Philips Hue sale, AirPods 2, more
Is Trump Really Headed to War With Iran? Here is What Two Experts Think
Trump aide Kellyanne Conway to be blocked from testifying to Congress by White House
A Martian methane belch melts away
On Cue, Wall Street Challenges Bernie Sanders's Trading Tax Plan
The Latest: Trump says Iran still takes threats seriously
Rothmans Replica: 1983 Porsche 911 SC Safari
US border chief quits amid outcry over child detainees
Pompeo says US hoping for Afghan peace pact before Sept 1
What a Border Crisis Looks Like
Taj Ma Garaj Collection Being Sold Without Reserve
Hackers linked to China stole private data from wireless telcos around the world
Harris pressed to get more personal about why she's running
Florida woman charged after giving husband's guns to police
Houston infant dies with 90-plus fractures; parents charged
Turkey's opposition strikes blow to Erdogan with Istanbul mayoral win
China 'won't allow' G20 discussion of Hong Kong
Apple’s official Smart Keyboard for the iPad Pro and Air is half off on Amazon
Acting CBP Chief to Resign amid Backlash over Treatment of Detained Migrants
Trump awards highest military honor to Iraq War veteran
Pete Buttigieg: I’m Proud to Be Standing on the Shoulders of Giants in a Tradition That Goes Back to Stonewall
Ride High In A 1979 Dodge D-150 Li’l Red Express Truck
Turkey stands by S-400s, says F-35 partners disapprove of U.S
Challenge to Trump steel tariffs nixed by U.S. Supreme Court
Supreme Court allows foul language trademarks in F-word case
With job intact, Nissan's CEO pins Renault alliance on mutual respect, flags inequality risk
UK's Johnson admits needing EU support in event of no-deal Brexit
Apple reportedly canceled quantum dot camera technology for the iPhone 11
Fox’s Shep Smith Torches Trump: We Treat Migrant Children Worse Than Prisoners of War
Trump news: President threatens Iran with 'obliteration' as Melania announces new White House press secretary
NATO prepares 'defensive' response to Russia arms treaty breach
Kushner: Agreement on economic pathway vital for Middle East peace
NASA’s Curiosity rover saw something flash on Mars, and people are freaking out
Feds probe 'quality' of repairs on plane in Hawaii crash
6 paid iPhone apps you can download for free on June 25th
China Wins the War: Why I Got Crushed In a Simulated South China Sea Battle
Meghan McCain Doesn’t Want Detention Centers Compared to ‘Torture Facilities’—Because of Her Father
Judge allows Missouri's only abortion clinic to stay open for at least five more days
Here’s what Samsung’s Galaxy Fold 2 could look like
Memes, cartoons and caustic Cantonese: the language of Hong Kong's protests
Biden: Congress should immediately make 'Dreamers' citizens
GOP Rep: Trump Hatred Could Be Driving Reports of Awful Conditions at Detention Centers
Meryl Streep, Nicole Kidman to Star in Ryan Murphy’s ‘The Prom’ at Netflix
Beth Chapman is Not Expected to Recover According to Family Sources
Lady Gaga says a lot of 's--t hasn't changed' since becoming famous
Russia warns of repeat of 1962 Cuban missile crisis
QA: what you need to know about America's student debt crisis
The Queen Gives Kate Middleton a New Patronage and It's Picture-Perfect
Jeremy Hunt rules Britain out of US-Iran war as Donald Trump and Hassan Rouhani exchange insults
Annabelle Comes Home finds some new life in fright franchise
Stephanie Grisham named new White House press secretary
Trump threatens 'obliteration,' Iran calls White House 'mentally retarded'
Popular YouTuber Etika Dies At 29
Netanyahu ready to 'consider' long-awaited US peace plan
Missing Utah college student last seen in a park at 3 a.m
In Mideast, Pompeo seeks a global coalition against Iran
Bernie Sanders to propose wiping out $1.6 trillion of US student debt
Samsung confirms the Galaxy Fold delay won’t affect the Note 10’s release date
Trump news: President imposes 'hard hitting' sanctions on Iran as White House put on lock down
Pickup driver pleads not guilty in fatal motorcycle crash
Opposition win in Istanbul a blow to Turkey's Erdogan
Mexican president says troops won't detain migrants on US border: 'That's not our job'
Trump news – live: President imposes 'hard hitting' sanctions on Iran as White House put on lock down
Here’s Your Chance To Own A Very Rare Factory 1969 Z28 Camaro
Mexico president says there may have been 'excesses' in migrant detentions
Iran says talks with US impossible; US says it wants talks
This is what 2019’s perfect smartphone design will look like – and it’s not the iPhone 11
Mexico will not detain migrants at US border: president
China says will not allow Hong Kong issue to be discussed at G20 summit
Border Patrol moves hundreds of migrant children from overcrowded station after reports of unsafe conditions
Palestinians rally against Kushner's economic peace plan
Israel will do 'everything' to stop Iran going nuclear: Netanyahu
Erdogan's party loses re-run of Istanbul mayor election
AOC slams 'shrieking Republicans' after comparing migrant detention centers to concentration camps
Three months on, landless IS still a threat in Syria
Stephanie Grisham named new White House press secretary
Safety agency calls for tighter skydiving flight rules
Plotter of failed Ethiopia coup killed, 182 others arrested
Replica clock find sparks hope for Notre-Dame restoration
Amazon is blowing out laptops, microSDs, routers, external drives, and more – today only
US border chief quits amid outcry over child detainees: report
University of Utah Student Mackenzie Lueck Missing for Nearly a Week After Taking Lyft
SpaceX launches hefty rocket with 24 satellites, experiments
Pompeo sets out to build global coalition against Iran
First Lady’s Spokeswoman to Take Over as White House Comms Director and Press Secretary
Turkey will lose F-35 warplane if Russia arms deal goes ahead, U.S. says
Iran drone downing highlights limitations of US unmanned aircraft
Mexico cracks down at US border with 15,000 troops
Bernie Sanders calls for canceling $1.6 trillion in student loan debt
House Democrats rush to pass border aid bill before July 4, Trump vows veto
Fox’s Brian Kilmeade on Concerns About Detention Camp Conditions: ‘Never Going to Have a Hyatt’
Dominican Republic deaths: 10th US tourist dies on vacation
AbbVie looks beyond Humira with $63 bln deal for Botox-maker Allergan
Prime Day just came early for a bunch of different Philips Hue smart lights
U.S., Taliban aim to firm up date for foreign force exit from Afghanistan
Iran vows to ditch more nuclear curbs in war of words with US
Racial Tensions Flare at Mayor Pete Town Hall on Police Killing of Black Man
Eldorado Resorts takes on bigger rivals with $8.5 billion Caesars buy
Filling Iran oil gap in India: U.S. supplies outshine Middle East crude
Mexico officials detain more migrants as crackdown steps up
Southwest’s just-announced fall fare sale has some great deals, with tickets as low as $49
The Latest: NTSB investigates deadly Hawaii skydiving crash
I Fired a Warning Shot: Here Is What a Navy SEAL Sniper Testified at the Eddie Gallagher Trial
Meet the One Plane the F-22, F-35, F-15 and Even F-16 All Need to Fight
The Latest: Missing Utah college student met person at park
Driver pleads not guilty in motorcycle crash that killed 7
Rule The Road In A 1960 Chevrolet El Camino
N. Korea made $120 mn a year from joint factory park: report
Would U.S. Navy Aircraft Carriers Lose a War to Iran?
All the Secret (Or Not) Ways to Kill a Hypersonic Missile
The first big discount on AirPods 2 with Apple’s wireless charging case is still available on Amazon
Sanders to Propose Canceling $1.6 Trillion in Student Debt
The Man Who Defied Erdogan to Take Istanbul Says It’ll Be ‘Great’
‘Pete Has a Black Problem’: Top Black Leaders Say Buttigieg Is ‘Naive’ on Race
NATO calls on Russia to destroy new missile, warns of response
U.S. Sanctions Supreme Leader of Iran
Supreme Court Strikes Down Federal Ban on ‘Scandalous’ Trademarks
You can download the first iOS 13 public beta on iPhone and iPad right now
Corruption Crisis: How Criminal Politicians Poisoned the Dominican Republic
4 border deaths in Texas could be a preview of the summer
U.S. explores requiring domestic 5G equipment to be made outside China: WSJ
Justices side with business, government in information fight
GLAAD Survey: Young People Become Less Accepting of LGBTQ People, Because of Trump and ‘Newness’ Factor
Boris Johnson fails to answer questions on private quarrel
Apple was right again: Here’s why a Galaxy Note 10 without a microSD slot isn’t a big deal
Iran air defence missiles must be taken seriously: experts
A best-selling cookbook with 500 Instant Pot recipes is on sale for $3.99 right now
Best Tech Deals in June 2019
Israeli F-16s Smashed a Syrian Missile Complex (And Russia Held Its Fire)
Joe Biden Faces the Most Dangerous Week of His Campaign So Far
White supremacist who killed woman after driving car into Charlottesville protesters begs judge to show him ‘mercy’
No, it’s not just you: Half of the internet is down, including Google, Amazon, and Reddit
This Photo Is Dangerous: It Could Be the Future of Navy Submarines
High rollers: Eldorado buys Caesars in deal valued at $17B
Leaked hi-res images give us our best look yet at Apple’s iPhone 11
Mahathir Says He Underestimated Challenge of Governing Malaysia
Trump struggles to explain why Obama’s jobs numbers were better than his
FedEx sues US government over shipment restrictions
Weird: India Sent a Really Old MiG-21 to Battle an U.S. Made F-16. Why?
College Costs Are Out of Control. Here’s What Can Be Done
Indian soldiers recover bodies of 7 missing mountaineers
Queen Elizabeth Wouldn't Allow Prince William and Kate Middleton to Get Divorced, Here's Why
Elon Musk Mistook a ‘Blood Moon’ for Mars in New SpaceX Tweet
Trump announces 'hard-hitting' new sanctions against Iran
Close