SCOTUS clarifies Justice Clarence Thomas was not hospitalized with COVID



Supreme Court Justice Clarence Thomas was hospitalized Friday with "flu-like symptoms" but is expected to be released soon, the court said in a statement on Sunday.

Thomas, 73, was admitted to Sibley Memorial Hospital in Washington, D.C., the court said. "He underwent tests, was diagnosed with an infection, and is being treated with intravenous antibiotics. His symptoms are abating, he is resting comfortably, and he expects to be released from the hospital in a day or two."

Clarence Thomas was admitted to the hospital two nights ago with flu-like symptoms, the court said in a press release. He expects to be released "in a day or two."pic.twitter.com/kKeES7nHw2
— SCOTUSblog (@SCOTUSblog) 1647817927

A Supreme Court spokesperson told CNN Thomas' illness "is not COVID related."

"The Justice does not have COVID," the spokesperson said.

Like the other eight justices, Thomas has been fully vaccinated against COVID-19 and also received booster shots.

While Thomas will miss some oral arguments, the court said he will participate in cases he cannot be physically present for through briefs, transcripts, and audio recordings. His temporary absence will not change the balance of the court.

News of Thomas' hospitalization was greeted with well-wishes and prayers from conservatives.

"Join me in praying for a quick recovery for U.S. Supreme Court Justice Clarence Thomas who was hospitalized on Friday with an infection," wrote evangelical leader Franklin Graham on Twitter.

"Pray for Clarence Thomas. The single best Justice we could ever dream of. May the legend live to see his 200th birthday!" said Tennessee congressional candidate Robby Starbuck.

Pray for Clarence Thomas. The single best Justice we could ever dream of. May the legend live to see his 200th birthday!
— Robby Starbuck (@Robby Starbuck) 1647820173

Justice Thomas has earned a reputation as the most reliable conservative voice on the court, hated by the left as much as he is beloved by the right.

He has served on the Supreme Court since 1991, when he was nominated by President George H. W. Bush. His confirmation hearings, led by then-Senator Joe Biden, were highly contentious and intensely fought. Democrats featured testimony from attorney Anita Hill, who alleged that Thomas had sexually harassed her and made unwanted romantic overtures towards her. Republicans accused Hill and witnesses on her behalf of fabricating the allegations to stop the appointment of a black conservative to the Supreme Court. Speaking for himself, Thomas famously called the confirmation hearings a "high-tech lynching for uppity blacks who in any way deign to think for themselves."

As Thomas recovers from his illness, the Senate Judiciary Committee will begin confirmation hearings for Judge Ketanji Brown Jackson, whom President Joe Biden has nominated to replace retiring Supreme Court Justice Stephen Breyer. If confirmed, Jackson would be the first black woman to serve on the high court.

Supreme Court reinstates death penalty for Boston marathon bomber Dzhokhar Tsarnaev



The United States Supreme Court on Friday upheld the death sentence of Dzhokhar Tsarnaev, an Islamic terrorist who was convicted of perpetrating the 2013 Boston Marathon bombing, which killed three people and injured hundreds more, including 17 who lost limbs.

The court voted 6-3 to reverse a lower court decision that had overturned Tsarnaev's death sentence, with the three liberal justices dissenting.

Here's the opinion from Clarence Thomas in United States v. Tsarnaev: https://www.supremecourt.gov/opinions/21pdf/20-443_m6ho.pdf\u00a0\u2026.\n\nThe court divided along ideological lines, with Breyer (joined by Kagan and in part by Sotomayor) dissenting.
— SCOTUSblog (@SCOTUSblog) 1646407055

"Dzhokhar Tsarnaev committed heinous crimes. The Sixth Amendment nonetheless guaranteed him a fair trial before an impartial jury. He received one," Justice Clarence Thomas wrote for the court majority. "The judgment of the United States Court of Appeals for the First Circuit is reversed."

Tsarnaev was convicted in 2015 in the deaths of Krystle Campbell, Martin Richard, and Lingzi Lu, who died in the bombing, and also in the death of Massachusetts Institute of Technology police officer Sean Collier, who was killed several days later, among other charges. He and his older brother Tamerlan, both immigrants to Massachusetts from Kyrgysztan, planted pressure cooker bombs near the finish line of the race on April 15, 2013, and detonated them as an act of jihad.

Days later on April 18, after the FBI identified the brothers as suspects, they murdered Collier at the MIT campus, in a failed attempt to steal his gun, and later that night engaged in a shootout with police. Tamerlan was killed when Dzhokhar escaped the scene in an SUV, running over his brother. Dzhokhar Tsarnaev was captured the next day after a manhunt in Watertown, Massachusetts.

During police questioning, Tsarnaev admitted that the brothers had intended to detonate bombs in Times Square, New York, next.

Tsarnaev was convicted on 30 federal charges related to the bombing and the events that followed. He was sentenced to death on June 24, 2015. He appealed his sentence, arguing that he didn't get a fair trial because the proceedings took place in Boston, where the jury would be biased. The U.S. Court of Appeals for the First Circuit agreed, holding that the trial court had erred in issues related to pretrial publicity and had excluded evidence that might have bolstered Tsarnaev's defense.

Then-President Donald Trump sounded off on the court's decision, demanding the "death penalty" for Tsarnaev and later directing his administration to ask the Supreme Court to reverse the lower court ruling. The Biden administration renewed the request, surprising many of the President Joe Biden's supporters, given that the president made a campaign promise to eliminate the federal death penalty. Biden's Department of Justice referred to Tsarnaev as a "terrorist" who acted in "furtherance of Jihad" and who must receive the just penalty for causing "carnage at the finish line."

The Biden administration is currently enforcing a moratorium on federal executions while the government reviews the policy. It is unclear whether Tsarnaev's sentence will be carried out under Biden's presidency.

Supreme Court rejects appeal from Christian florist who refused to serve same-sex wedding



The U.S. Supreme Court on Friday declined to take up the case of a Christian florist who refused to provide flowers for a same-sex wedding, letting lower court rulings against the florist stand.

The court rejected an appeal from Barronelle Stutzman, a great-grandmother and owner of Arlene's Flowers & Gifts who was sued by the state of Washington in 2013 for violating state law prohibiting discrimination on the basis of sexual orientation. By refusing to hear the case, the court once again sidestepped the issue of whether a business can claim a First Amendment right to refuse service for same-sex weddings.

That case is Arlene's Flowers v. Washington. Justices Thomas, Alito & Gorsuch indicate that they voted to hear the… https://t.co/KqnigDGfHi

— SCOTUSblog (@SCOTUSblog) 1625233791.0

It's a decision comes three years after the court narrowly ruled in favor of Colorado cake baker Jack Phillips, who had refused to bake a cake for a same-sex wedding. In that ruling, the court said the Colorado Civil Rights Commission had acted hostilely toward Phillips' religious views by compelling him to make the cake, but did not go further than the specific facts of that case, leaving the general conscience rights of businesses in question.

That question now remains unresolved. Stutzman, a Southern Baptist, had argued that she was exercising her First Amendment rights by refusing to provide floral arrangements for a homosexual couple's wedding ceremony. She contended that her floral arrangements were works of art and that being forced to provide them for a same-sex wedding would violate her "relationship with Jesus Christ" and her freedom of expression.

"Religious people should be free to live out their beliefs about marriage," Stutzman's lawyers from the Alliance Defending Freedom argued in court filings, according to NBC News.

State courts had ruled that Stutzman violated Washington law prohibiting businesses from discriminating against several protected classes of customers, including homosexuals. The Washington Supreme Court said that providing flowers for a wedding "does not inherently express a message about that wedding."

Ria Tabacco Mar, a lawyer for the American Civil Liberties Union who represented the gay couple Stutzman refused to serve, praised the Supreme Court's decision.

"No one should walk into a store and have to wonder whether they will be turned away because of who they are. Preventing that kind of humiliation and hurt is exactly why we have nondiscrimination laws. Yet 60 percent of states still don't have express protections for LGBTQ people like the kind in Washington state. Our work isn't over," she said.

Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch said they would have heard the case.

Supreme Court orders Trump to turn over tax records to NY prosecutors



The Supreme Court on Monday ordered former President Donald Trump to have his accountants release his financial records to prosecutors in New York, ending a prolonged legal battle in which Trump sought to shield his tax documents from investigators.

BREAKING: After 4 months of inaction, SCOTUS in a one-sentence unsigned order declines Trump's request to further p… https://t.co/cfYIEkzFxO
— SCOTUSblog (@SCOTUSblog)1614004565.0

Trump's lawyers, on Oct. 7, requested that the high court block a lower court decision ordering Mazars USA, the accounting firm employed by the former president, to answer a subpoena from Manhattan district attorney Cyrus R. Vance's office and turn over Trump's tax documents. The Supreme Court's order, which was unsigned and issued without comment, rejected that request.

Trump's tax returns will be turned over under grand jury secrecy rules and will not be released publicly.

Vance, a Democrat, sought eight years of Trump's financial records as part of an inquiry into allegations that Trump made hush-money payments to two women who say they had affairs with him before he became president. Court filings reported by the New York Times last December suggested Trump is also under investigation for potential tax fraud.

Vance issued a three-word statement in response to the court's order: "The work continues."

The decision marks the end of a lengthy legal battle in which Trump sought to keep his tax records confidential. Trump was the only recent U.S. president to refuse to release his tax returns to the public. He repeatedly asserted that he was under "audit" by the Internal Revenue Service and has long promised to release his financial records once the audit was complete.

In August 2019, Vance issued a subpoena for Trump's personal and corporate tax returns from 2011 to 2018. Trump claimed that as the sitting president, he was immune to state criminal investigations, but the Supreme Court in a 7-2 decision rejected that argument and knocked the case back to lower courts.

Trump's lawyers then argued that the subpoena was politically motivated and amounted to harassment of the president, calling it a "fishing expedition" and demanding that the subpoena request be rejected. But the Second Circuit Court of Appeals in Manhattan denied Trump's request.

"We hold that none of the President's allegations, taken together or separately, are sufficient to raise a plausible inference that the subpoena was issued 'out of malice or an intent to harass,'" the appeals court said.

In a separate court filing, House Democrats sought to obtain Trump's tax records, but the Supreme Court last July refused to grant their request and sent the case back to the lower courts for review. House Speaker Nancy Pelosi (D-Calif.) said last August that if Joe Biden won the 2020 election, "the world will see what the president has been hiding all of this time."

Neither President Joe Biden or his newly confirmed Secretary of the Treasury Janet Yellen have yet indicated whether they will release Trump's taxes publicly.

Supreme Court gives churches huge victory over California's COVID-related ban targeting worship gatherings



The Supreme Court ruled late Friday that California cannot prohibit churches and other religious organizations from conducting services indoors because of the coronavirus pandemic. The decision was a massive victory for First Amendment rights.

However, the high court did not roll back all COVID-related restrictions enacted on religious gatherings in California.

What are the details?

Voting along ideological lines, the Supreme Court ruled 6-3 that California cannot totally bar indoor worship gatherings.

However, the court's majority of conservative-leaning justices were unable to agree on other restrictions enacted on religious gatherings, such as capacity limits and a ban on singing, which California argued are necessary for the public health.

From the Associated Press:

The justices said the state can cap indoor services at 25% of a building's capacity. The justices also declined to stop California from enforcing a ban put in place last summer on indoor singing and chanting. California had put the restrictions in place because the virus is more easily transmitted indoors and singing releases tiny droplets that can carry the disease.

The justices were acting on emergency requests to halt the restrictions from South Bay United Pentecostal Church in Chula Vista and Pasadena-based Harvest Rock Church and Harvest International Ministry, which has more than 160 churches across the state.
The votes are: overturn indoor worship ban (6-3), uphold singing ban unless the plaintiffs prove more (6-3), and up… https://t.co/3NokOdgkgC
— SCOTUSblog (@SCOTUSblog)1612589280.0
Chief Justice Roberts and Justices Barrett and Kavanaugh are the key votes to uphold the ban on singing until there… https://t.co/A3oeCW4cnk
— SCOTUSblog (@SCOTUSblog)1612589163.0

What did the justices say?

In his opinion, Chief Justice John Roberts reaffirmed that "federal courts owe significant deference to politically accountable officials with the 'background, competence, and expertise to assess public health.'"

"The State has concluded, for example, that singing indoors poses a heightened risk of transmitting COVID–19. I see no basis in this record for overriding that aspect of the state public health framework," Roberts added. "At the same time, the State's present determination—that the maximum number of adherents who can safely worship in the most cavernous cathedral is zero—appears to reflect not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake."

Meanwhile, Justice Neil Gorsuch, joined by Justices Clarence Thomas and Samuel Alito, blasted California for having "openly imposed more stringent regulations on religious institutions than on many businesses."

Gorsuch wrote that "California singles out religion for worse treatment than many secular activities" despite the fact that the Supreme Court recently made "it abundantly clear that edicts like California's fail strict scrutiny and violate the Constitution."

Gorsuch further accused California officials of "playing favorites during a pandemic, expending considerable effort to protect lucrative industries ... while denying similar largesse to its faithful."

Gorsuch concluded, "As this crisis enters its second year— and hovers over a second Lent, a second Passover, and a second Ramadan—it is too late for the State to defend extreme measures with claims of temporary exigency, if it ever could. Drafting narrowly tailored regulations can be difficult. But if Hollywood may host a studio audience or film a singing competition while not a single soul may enter California's churches, synagogues, and mosques, something has gone seriously awry."

The court's three liberal justices — Elena Kagan, Sonia Sotomayor, and Stephen Breyer — sided with California in full.

Writing the dissenting opinion, Kagan claimed the court's decision "orders California to weaken its restrictions on public gatherings by making a special exception for worship services."

"Justices of this Court are not scientists. Nor do we know much about public health policy. Yet today the Court displaces the judgments of experts about how to respond to a raging pandemic," Kagan wrote. "Under the Court's injunction, the State must instead treat worship services like secular activities that pose a much lesser danger. That mandate defies our caselaw, exceeds our judicial role, and risks worsening the pandemic."