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By Zach Schonfeld and Sophie Brams   |   Saturday, October 31

By Zach Schonfeld and Sophie Brams

Saturday, October 31

 

Greg Nash

Trump sees victory in mixed SCOTUS results

To President Trump, one victory at the Supreme Court this week mattered more than any of his defeats. 

“The biggest and most consequential Decision issued by the Court, by far, is the Slaughter Case,” Trump wrote Tuesady on Truth Social. 

It’s clear Trump isn’t happy about losing birthright citizenship. But a major ruling expanding his firing power at independent agencies seemed to mask some of the sting. 

 
 

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Welcome to The Gavel, The Hill’s weekly newsletter unpacking the intersection of courts & politics from Zach Schonfeld and Sophie Brams. Email us tips at zschonfeld@thehill.com and sbrams@thehill.com or reach out to us on X (@ZachASchonfeld and @sophiebrams) or Signal (zachschonfeld.48 and sbrams.32).

 

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DECISIONS ROUNDUP

 

The Supreme Court went out with a bang. Here’s a summary of the seven final opinions released this week: 

Birthright citizenship: The court ruled 6-3 that Trump’s birthright citizenship restrictions can’t stand. The three liberal justices, Roberts and Barrett agreed it’s unconstitutional. And a sixth, Kavanaugh, said it violated a 1940 law. 

Transgender athletes: The court ruled 6-3 along ideological lines that states can bar transgender girls from competing on girls' and women’s school sports teams. 

Independent agencies: The court ruled 6-3 along ideological lines that Trump can terminate independent agency leaders without cause. The decision overrules 91 years of precedent and is set to enable Trump to fire various leaders across the executive branch. 

Federal Reserve: The court ruled 5-4 that Trump owed Federal Reserve Governor Lisa Cook more process before firing her. She’ll remain in her job as the case returns to a lower court, but it’s not the final word. Roberts and Kavanaugh joined the three liberal justices. 

Mail ballots: The court ruled 5-4 that federal law doesn’t stop states from accepting mail ballots that arrive after Election Day. Barrett and Roberts joined the three liberal justices to rule against the Republican National Committee. 

Campaign finance: The court ruled 6-3 along ideological lines that coordinated expenditure limits violate the First Amendment’s free speech protections. 

Geofence warrants: The court held 6-3 that obtaining cellphone location data through a geofence warrant is a Fourth Amendment search because individuals have a reasonable expectation of privacy pertaining to those records. However, it did decide whether the warrant used to identify a Virginia bank robbery suspect was valid, sending Okello Chatrie’s case back to the lower court for review.  

 
 

IN FOCUS

 

It will soon cost more to access federal court records.   

The fee to use the Public Access to Court Electronic Records (PACER) system is going up by two cents per page, from 10 cents to 12 cents, starting Jan. 1,  according to the Judicial Conference Executive Committee.   

PACER is an online portal that provides the public with electronic access to case information and filings from district, appellate and bankruptcy courts across the U.S.  

It’s all part of an ongoing project to develop a new case management system to replace the current outdated database.  

Judge Robert Conrad Jr., director of the Administrative Office of the U.S. Courts, called the increase a “last resort.”   

“Unfortunately, without a modest increase in fees, we will not be able to collect enough money to cover the costs of delivering the case management system that the federal courts must have to continue to operate securely,” the judge said.   

Next year’s bump is the first in nearly 15 years and will be effective for five years.   

While the federal judiciary is also raising the automatic exemption fees up to $40 per quarter, some lawmakers want to make the entire system free to users. 

Sens. John Kennedy (R-La.) and Ron Wyden (D-Ore.) have introduced a bill that calls for the creation of a modern, centralized replacement for PACER that removes the paywall for viewing, downloading or printing a document.  

“Americans should not have to sell plasma or wrestle with clunky government websites just to read public court records,” Kennedy previously said.  

 
 

THE ORDER LIST

 

Cases the Supreme Court is taking up — or passing on — this term.

 
 

In: Guns and proof-of-citizenship 

 

The Supreme Court took up 10 cases for its next term at the justices’ recent closed-door meeting. Here are some of the highlights: 

The court finally took action on its pileup of requests to hear more Second Amendment cases. They had been pending for months. 

In Viramontes v. Cook County and Grant v. Higgins, the court will decide if the government can ban Americans from possessing AR-15s and assault-style rifles. The justices will hear challenges to bans in Connecticut and the Chicago area, but their decision stands to impact various laws passed by blue states across the country. 

Last week, we previewed International Partners v. Ferguson as one to watch. Indeed, the justices took it up.  

A group of parents is appealing a ruling that they had no legal standing to challenge laws in Washington state that prohibit parental notification when their child runs away to a shelter and seeks “gender-affirming care.” 

The court also agreed to hear a major voting case, RNC v. Mi Familia Vota, which concerns Arizona’s proof-of-citizenship law for castin ga ballot. The court will decide if federal law allows states to implement such rules. 

The court filled up its docket with a series of lower-profile cases that implicate  trademark, immigration, eminent domain and other issues as well as Apple’s contempt fight with Epic Games. 

 
 

Out: Trump’s E. Jean Carroll appeal 

 

The Supreme Court turned away Trump v. Carroll, the president’s bid to overturn the jury’s $5 million verdict finding him liable for sexually abusing and defaming writer E. Jean Carroll.  

Trump said he was surprised by the decision.  

“I will continue the fight against this Weaponization and Lawfare Case against me, including the ridiculous claim of Defamation, with all of my power and strength,” he wrote in a post on Truth Social.  

The high court also cleared out several other holdout petitions we’ve covered previously. 

 
 

Maybe: Pennsylvania mail ballots 

 

The justices asked for the Trump administration’s views on Pennsylvania’s requirement that mail voters date their ballot envelopes before deciding whether to take it up.  

The court often goes with the sitting administration’s recommendation, but timing wise, it means the justices won’t consider taking up the case until at least the fall.  

A lower court ruled the requirement unconstitutional. The Republican National Committee (RNC) wants to enforce it. The cases are RNC v. Eakin and Pennsylvania v. Eakin. 

 
 

ON THE DOCKET

 

Don’t be surprised if additional hearings are scheduled throughout the week. But here’s what I’m watching for now:

 

Today

 
  • A hearing is scheduled in D.C. Circuit Court in a case challenging the Department of Homeland Security’s closure of three oversight offices dedicated to protecting individual rights 
  • Justice Neil Gorsuch will deliver a book talk in Williamsburg, Va. 
 

Thursday

 
  • A federal judge in D.C. will hear arguments on whether to dismiss a lawsuit brought by the DC Preservation League and two local residents over the Trump administration's plans to close East Potomac Golf Links for renovations
 

Friday

 
  • Federal courts are closed for the July 4 holiday 
 

Monday

 
  • A hearing is scheduled in the Central District of California in a challenge brought by the Justice Department against California over its animal welfare laws regulating egg production 
 
 
 

WHAT I'M READING

 
  • NPR’s Kelly McBride: NPR retracts story about Alito retirement 
  • CNN’s Joan Biskupic: John Roberts fought for decades to overturn Humphrey’s Executor 
  • The Associated Press’ Gisela Salomon, Patrick Aftoora-Orsagos and Claire Galofaro: Fear grips Haitian communities after Supreme Court ruling unwinds protection from deportation 
  • Politico’s Josh Gerstein: The Supreme Court Is Building Its Own Massive Police Force 
  • The Wall Street Journal’s James Romoser: As Nerves Fray at Supreme Court, Some Pine for an Old Colleague With a Soft Touch 
The Gavel

We’ll be back next Wednesday with additional reporting and insights. In the meantime, keep up with our coverage here.

 

Questions? Tips? Love letters, hate mail, pet pics?

Email: zschonfeld@thehill.com or sbrams@thehill.com

On Signal: @zachschonfeld.48 or sbrams.32

 
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