All articles tagged with #constitutional interpretation
President Trump has publicly expressed interest in running for a third term, despite the 22nd Amendment, and his allies and the Supreme Court may be willing to interpret the Constitution creatively to facilitate this, raising concerns about the future of democratic norms.
Retired Justice Stephen G. Breyer, in a new book and interview, expressed concern over the direction of the Supreme Court, particularly its 2022 decision in Dobbs v. Jackson Women’s Health Organization, which eliminated the constitutional right to abortion. Breyer criticized the decision as naive and warned that the hope of leaving the abortion question to legislatures instead of courts will not be realized. He emphasized the importance of pragmatism in constitutional interpretation and urged for a reevaluation of the Court's direction.
Tennessee House Republicans passed a bill to prevent local governments from reappointing legislators expelled for "disorderly behavior," despite legal advice suggesting the effort is likely unconstitutional. The bill, filed by Rep. Johnny Garrett, is a response to the reappointments of two expelled Democratic representatives. Tensions remain high in the state Capitol, with House Speaker Cameron Sexton ruling one of the representatives out of order and threatening another. A separate effort seeks to prohibit expelled lawmakers from qualifying for office for four years following expulsion.
The Supreme Court heard arguments in the case of Moore v. United States, which challenges the constitutionality of a one-time tax on US investors in foreign corporations. The case is seen as a potential test for wealth taxes targeting the stockpiled wealth of the rich. While some justices expressed skepticism towards the arguments made by the lawyer challenging the tax, there was also a search for a narrow decision that would not impact the constitutionality of a wealth tax. The Court may uphold the specific tax provision at issue in Moore without making a definitive ruling on wealth taxes.
The US Supreme Court justices expressed hesitation in overturning a tax on Americans' investments in certain foreign corporations, as they considered the definition of "income" in a case that could impact efforts to impose a wealth tax on the wealthy. The case involves a retired couple challenging the tax on foreign company earnings that have not been distributed to shareholders. The justices questioned whether the tax on unrealized gains is allowed under the Constitution's 16th Amendment. Some justices signaled support for upholding the tax by attributing the income earned by the foreign company to its shareholders. A ruling is expected by June and could have implications for other tax provisions and legislative proposals for a wealth tax.
The US Supreme Court ruling in the Moore v. Harper case rejected the independent state legislature theory (ISLT), which has been used by Republicans to establish authority over the courts in redistricting battles. The ruling likely spells doom for a similar Ohio case, where GOP leaders argued that the state legislature had the authority to determine the constitutionality of district maps. The court's rejection of the ISLT is seen as a victory for originalism and the constitutional framework of the US government. The ruling suggests that the Ohio case will be moot, and redistricting in the state may proceed without court intervention.