Barrett sworn in at court as issues important to Trump await

Featured Legal News

Amy Coney Barrett was formally sworn in Tuesday as the Supreme Court's ninth justice, her oath administered in private by Chief Justice John Roberts. Her first votes on the court could include two big topics affecting the man who appointed her.

The court is weighing a plea from President Donald Trump to prevent the Manhattan district attorney from acquiring his tax returns. It is also considering appeals from the Trump campaign and Republicans to shorten the deadline for receiving and counting absentee ballots in the battleground states of North Carolina and Pennsylvania.

Northeastern Pennsylvania's Luzerne County filed legal papers at the court Tuesday arguing that Barrett should not take part in the Pennsylvania case. It's not clear if she will vote in the pending cases, but she will make that call.

Barrett was confirmed Monday by the Senate in a 52-48 virtual party line vote. She is expected to begin work as a justice on Tuesday after taking the second of two oaths required of judges by federal law. No justice has assumed office so close to a presidential election or immediately confronted issues so directly tied to the incumbent president's political and personal fortunes.

Barrett declined to commit to Democratic demands that she step aside from any cases on controversial topics, including a potential post-election dispute over the presidential results.

At 48, she's the youngest justice since Clarence Thomas joined the court in 1991 at age 43. Other election-related issues are pending at the high court, which next week also will hear a clash of LGBTQ rights and religious freedoms. The fate of the Affordable Care Act is on the agenda on Nov. 10, and Trump himself last week reiterated his opposition to the Obama-era law. “I hope they end it,” he said in an interview with CBS News' “60 Minutes.”

On Friday, Barrett, the most open opponent of abortion rights to join the court in decades, also could be called upon to weigh in on Mississippi's 15-week abortion ban. The state is appealing lower court rulings invalidating the ban. Abortion opponents in Pittsburgh also are challenging a so-called bubble zone that prevents protesters from getting too close to abortion clinics.

The court put off acting on both cases before Barrett joined the court, without offering any explanation in the Mississippi case. It ordered Pittsburgh to file a response to the appeal filed by the protesters, who call themselves sidewalk counselors.

It's not clear that the public will know how Barrett voted in the two abortion cases because the court typically doesn't make the vote counts public when it is considering whether to grant full review to cases.

Related listings

  • High court to review two cases involving Trump border policy

    High court to review two cases involving Trump border policy

    Featured Legal News 10/24/2020

    The Supreme Court on Monday agreed to hear two cases involving Trump administration policies at the U.S.-Mexico border: one about a policy that makes asylum-seekers wait in Mexico for U.S. court hearings and a second about the administration's use of...

  • Michigan court blocks 2-week absentee ballot extension

    Michigan court blocks 2-week absentee ballot extension

    Featured Legal News 10/18/2020

    Absentee ballots must arrive by Election Day to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials in a battleground state. Any changes mu...

  • Barrett bats away tough Democratic confirmation probing

    Barrett bats away tough Democratic confirmation probing

    Featured Legal News 10/15/2020

    Supreme Court nominee Amy Coney Barrett batted away Democrats’ skeptical questions Tuesday on abortion, health care and a possible disputed-election fight over transferring presidential power, insisting in a long and lively confirmation hearing...

USCIS to Begin Accepting Applications under the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision. Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.