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Supreme Court Asked to Overturn Landmark Same-Sex Marriage Ruling

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Kim Davis, the former Kentucky county clerk who became a national flashpoint a decade ago for refusing to issue marriage licenses to same-sex couples, is now asking the U.S. Supreme Court to overturn its landmark 2015 decision recognizing marriage equality.

Attorneys for the ex-Rowan County Clerk have formally petitioned the nation’s highest court to hear her case. Justice Clarence Thomas, in his concurring opinion striking down Roe v. Wade in 2022, wrote that the Court should reconsider certain cases based on the same precedent established in Roe.

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Justice Thomas wrote, referring to cases involving contraception, same-sex relations, and same-sex marriage. “Because any substantive due process decision is ‘demonstrably erroneous,’ we have a duty to ‘correct the error’ established in those precedents.”

READ MORE: ‘Doddering Old Man’: Trump’s Russia-Alaska Blunder Fuels Questions and Concerns

ABC News reports that “the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn” the Obergefell  decision.

Kim Davis, “who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, is appealing a $100,000 jury verdict for emotional damages plus $260,000 for attorneys fees,” ABC notes. “In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.”

While some legal experts doubt the Supreme Court will take up Davis’s case, it remains a possibility, especially given the current sentiment in the country, which is seeing some erosion in support for same-sex marriage among the right.

READ MORE: ‘All of Christ for All of Life’: Hegseth Under Fire for Endorsing Christian Nationalist

As NCRM reported in May, public support for marriage equality remains robust at 68 percent—ten points higher than just a month after the 2015 Obergefell decision, though slightly below the all-time high of 71 percent. While Democratic support has continued to climb, Republican backing has declined sharply.

Nearly nine in ten Democrats (88%) say marriages between same-sex couples should be recognized by law as valid, according to Gallup, but less than half that—just 41 percent—of Republicans agree. That’s a fourteen-point drop from the highest level recorded for GOP voters, 55 percent, in 2021 and 2022.

According to the Movement Advancement Project (MAP), as of 2022, 35 states have some form of ban on same-sex marriage still on the books, including constitutional amendments and state laws. If Obergefell were overturned, many if not most of those could go back into effect.

READ MORE: Trump Melts Down Over Elizabeth Warren’s Accusations

 

Image by Ted Eytan via Flickr and a CC license

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‘New MAGA Slush Fund’ Could Hand Trump Coalition ‘Cut of the Spoils’: Columnist

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President Donald Trump reportedly may drop his $10 billion lawsuit against the IRS in a settlement handing him control of a $1.7 billion “MAGA slush fund” to compensate victims of government abuse, according to The New Republic‘s Greg Sargent, who calls it a “Shakedown.”

Citing an ABC News report, Sargent explains that the proposed settlement “would create a ‘commission’ with ‘total authority’ to settle ‘claims’ brought by those who allege such weaponization. Per ABC, this not only includes the insurrectionists; it could even settle purported claims by ‘entities associated with President Trump himself.’ By all indications it would operate with little-to-no congressional oversight.”

U.S. Rep. Jamie Raskin (D-MD) told Sargent it is “a shocking new betrayal of the Constitution.”

This “new MAGA slush fund,” Sargent says, would come from an existing Justice Department fund that has strict controls, including transparency requirements. But “Trump would wield quasi-direct control” over the $1.7 billion, including being able to fire commission members “without cause,” and “it wouldn’t be required to disclose its decision-making involving who gets awarded compensation.”

Raskin told Sargent, the “Judgment Fund exists to settle valid judgments against the United States government.”

Raskin said that Trump and his allies are “trying to take money from the Judgment Fund while eliminating any controls and oversight” and put it under Trump’s “direct unilateral control.”

Because Congress did not set up any fund like this it could be unconstitutional.

“Congress never would have passed a $1.7 billion slush fund for his friends—this is completely outside of our constitutional framework,” Raskin said. He called it “an outrageous desecration of congressional power of the purse.”

Raskin also noted that the Constitution’s 14th Amendment prohibits government from assuming any “obligation incurred in aid of insurrection or rebellion against the United States.”

So if Trump wants to use the $1.7 billion to compensate the January 6 rioters, he will be “using federal taxpayer dollars to compensate people who participated in insurrection,” according to Raskin.

Trump and his lawyers “are figuring out a way to refund the January 6 militia, presumably to get them ready for the next round of battle,” Raskin said.

“So at bottom,” Sargent concludes, “payments from this fund might ultimately serve as a form of coalition management: They’ll keep large swaths of his coalition persuaded that a win for Trump, no matter how illicit or ill-gotten, is a win for them. That his corruption isn’t just in his own interests, but in theirs, too. Because, after all, they’re getting a cut of the spoils.”

 

Image via Shutterstock

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CNN Analyst Stunned Bottom Has ‘Completely Fallen Out’ For Trump

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CNN analyst Harry Enten is stunned at how far President Donald Trump’s approval rating has fallen, especially among Latino voters.

“The bottom has completely fallen out when it comes to Donald Trump and Latino voters,” Enten said on Friday.

“What a different world,” he exclaimed. “Oy vey, if I’m the president of the United States, because just take a look here.”

Trump won a “record share” of Latino voters for a “Republican presidential nominee, 46 percent of the vote,” Enten said, “going all the way back since we had the advent of exit polls back in 1972.”

Trump’s job approval rating, in an average of CNN polls, is 28 percent — “an 18 point drop,” Enten explained.

Latino voters from 2024 “have abandoned him with the utmost, just, dislike of what he is doing so far — just 28 percent, a drop of 18 points.”

And with Latino men, Enten said, “Oh, my goodness gracious.”

Trump is at -41 points, a “movement of 51 points, a shift away from the president of the United States.”

“Again, the bottom has just completely fallen out, and, of course, when you look across that political map, there are so many races that will be involving a lot of Latino voters, and when you see numbers like this, I just go, ‘Uh oh,’ if I am a Republican running for Congress,” he said.

Enten also said that one of the reasons Trump had “record performance with Latinos back in 2024, was because the issue of the economy. They trusted Donald Trump by a three-point margin against Kamala Harris.”

But his net approval on the economy now? “Minus 46 points.”

“No wonder the bottom has fallen out with Latino voters and Latino men in particular,” he added.

 

Image via Reuters 

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Alito Refuses to Recuse From Supreme Court Case Despite Stock Ownership in Industry

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Supreme Court Justice Samuel Alito is refusing to recuse himself from a major climate case despite owning stock in several energy companies, although none in the two that are parties in the lawsuit the court will hear next term.

Citing his energy stock ownership, liberal groups have been calling for the conservative justice to recuse, and they have asked the Senate Judiciary Committee to investigate Alito’s involvement, NBC News reports. But the Supreme Court says Alito is not obligated to do so.

“Justice Alito does not have a financial interest in any party” involved in the case, a court spokesperson told NBC News in a statement. The court’s legal counsel advised that “his recusal is not required.”

ExxonMobil and Suncor Energy are fighting to have dismissed a lawsuit involving damages for climate harms, NBC News reports.

Justices are not required to recuse unless they have a direct conflict, such as specific stock ownership, a personal relationship, or a history with the case prior to their appointment to the Supreme Court.

In their letter, the liberal groups say that justices should recuse if their “impartiality might reasonably be questioned” by an “unbiased and reasonable person who is aware of all relevant circumstances.”

The liberal groups also say they have “deep concerns” about Alito’s “inconsistent history of recusals from cases from which he should be compelled to recuse under long-standing federal law.” They cite “his substantial holdings in individual oil and gas companies and other personal ties.”

They point to what they call Alito’s “irregular recusal practice in oil and gas industry-related cases,” saying that it is “undermining public confidence in the impartiality of the Court.”

NBC notes that “in 2023, Alito did recuse himself when the court turned away an appeal from the companies in the Colorado case.” That same day, “the court rejected appeals in similar cases involving other companies, including ConocoPhillips and Phillips 66. Alito also did not participate in those cases.”

But the court’s spokesperson said that Alito was “inadvertently recused” from the Colorado case.

 

Image via Reuters 

 

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