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The Dictatorship

Supreme Court to hear what could be the biggest case of its term

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Supreme Court to hear what could be the biggest case of its term

The Supreme Court is scheduled to hold a hearing Wednesday in an appeal involving transgender rights that could be the most important case of the court’s term.

The legal question in the case, called United States v. Skrmetti, is whether a Tennessee law banning gender-affirming care for minors violates the Constitution’s equal protection guarantee. How the court answers the question could affect similar laws across the country and transgender rights more broadly.

Three lawyers are set to argue to the justices in Washington. U.S. Solicitor General Elizabeth Prelogar represents the federal government and Tennessee Solicitor General J. Matthew Rice represents the state, whose attorney general is Jonathan Skrmetti (hence the case name, United States v. Skrmetti). American Civil Liberties Union lawyer Chase Strangio represents the original plaintiffs in the lawsuit: transgender adolescents, their parents and a doctor who treats adolescents with gender dysphoria. Strangio will be the first openly transgender lawyer to argue at the court.

It’s not unprecedented for more than two parties to argue in a case. But the dynamic could be especially important here because the incoming Trump administration could take a different position than the Biden administration, which intervened in the suit against the state law. So it’s possible the group Strangio represents will be the only adversarial party to Tennessee when the justices eventually decide the case, if the federal government tells the court it no longer disagrees with the state after Trump takes office next month.

A decision is expected by the summer, when the court usually finishes ruling on cases heard during the term that started in October.

For now, at least, the federal government opposes the state. Arguing that the law, called SB1, is unconstitutionally discriminatory, Prelogar’s office wrote in a brief ahead of the hearing that, under the law:

… an adolescent assigned female at birth cannot receive puberty blockers or testosterone to live as a male, but an adolescent assigned male at birth can. And that focus on sex and gender conformity is deliberate: SB1 declares that its very purpose is to “encourag[e] minors to appreciate their sex” and to ban treatments “that might encourage minors to become disdainful of their sex.”

“That,” the federal government argues, “is sex discrimination.”

Defending the law, the state wrote in its own brief that it’s “not unconstitutional discrimination to say that drugs can be prescribed for one reason but not another.” The state further argued that the law doesn’t classify people based on sex but rather “creates two groups: minors seeking drugs for gender transition and minors seeking drugs for other medical purposes.”

Like the federal government, the private parties represented by Strangio argue that the law “imposes differential treatment based on the sex an individual is assigned at birth.” In support of their position, they cite the Supreme Court’s 2020 decision in Bostock v. Clayton County, which said that an employer violates federal civil rights law when they fire someone for being gay or transgender.

Notably, that 6-3 ruling was authored by Trump appointee Neil Gorsuch and joined by Chief Justice John Robertsso those justices’ questions at the hearing will be among the important ones to watch for.

Subscribe to theDeadline: Legal Newsletterfor expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

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The Dictatorship

Trump gets no-penalty sentence in his hush money case, while calling it ‘despicable’

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Trump gets no-penalty sentence in his hush money case, while calling it ‘despicable’

Follow the AP’s live coverage of Trump’s sentencing in his New York hush money case.

NEW YORK (AP) — President-elect Donald Trump was sentenced Friday to no punishment in his historic hush money casea judgment that lets him return to the White House unencumbered by the threat of a jail term or a fine.

With Trump appearing by video from his Florida estate, the sentence quietly capped an extraordinary case rife with moments unthinkable in the U.S. only a few years ago.

It was the first criminal prosecution and first conviction of a former U.S. president and major presidential candidate. The New York case became the only one of Trump’s four criminal indictments that has gone to trial and possibly the only one that ever will. And the sentencing came 10 days before his inauguration for his second term.

In roughly six minutes of remarks to the court, a calm but insistent Trump called the case “a weaponization of government” and “an embarrassment to New York.” He maintained that he did not commit any crime.

“It’s been a political witch hunt. It was done to damage my reputation so that I would lose the election, and, obviously, that didn’t work,” the Republican president-elect said by video, with U.S. flags in the background.

AP AUDIO: Trump gets no-penalty sentence in his hush money case, while calling it ‘despicable’

AP correspondent Julie Walker reports from court, president-elect Donald Trump got a sentence of unconditional discharge at his New York hush money case.

After the roughly half-hour proceeding, Trump said in a post on his social media network that the hearing had been a “despicable charade.” He reiterated that he would appeal his conviction.

Manhattan Judge Juan M. Merchan could have sentenced the 78-year-old to up to four years in prison. Instead, Merchan chose a sentence that sidestepped thorny constitutional issues by effectively ending the case but assured that Trump will become the first president to take office with a felony conviction on his record.

Trump’s no-penalty sentence, called an unconditional discharge, is rare for felony convictions. The judge said that he had to respect Trump’s upcoming legal protections as president, while also giving due consideration to the jury’s decision.

“Despite the extraordinary breadth of those protections, one power they do not provide is the power to erase a jury verdict,” said Merchan, who had indicated ahead of time that he planned the no-penalty sentence.

Donald Trump was sentenced on Friday in his hush money case, but the judge declined to impose any punishment. It was the first criminal prosecution and first conviction of a former U.S. president and major presidential candidate.

As Merchan pronounced the sentence, Trump sat upright, lips pursed, frowning slightly. He tilted his head to the side as the judge wished him “godspeed in your second term in office.”

Before the hearing, a handful of Trump supporters and critics gathered outside. One group held a banner that read, “Trump is guilty.” The other held one that said, “Stop partisan conspiracy” and “Stop political witch hunt.”

Manhattan District Attorney Alvin Bragg, whose office brought the charges, is a Democrat.

The norm-smashing case saw the former and incoming president charged with 34 felony counts of falsifying business records, put on trial for almost two months and convicted by a jury on every count. Yet the legal detour — and sordid details aired in court of a plot to bury affair allegations — didn’t hurt him with voters, who elected him in November to a second term.

Beside Trump as he appeared virtually Friday from his Mar-a-Lago property was defense lawyer Todd Blanche, with partner Emil Bove in the New York courtroom. Trump has tapped both for high-ranking Justice Department posts.

Prosecutors said that they supported a no-penalty sentence, but they chided Trump’s attacks on the legal system throughout the case.

“The once and future president of the United States has engaged in a coordinated campaign to undermine its legitimacy,” prosecutor Joshua Steinglass said.

Afterward, Trump was expected to return to the business of planning for his new administration. He was set later Friday to host conservative House Republicans as they gathered to discuss GOP priorities.

The specific charges in the hush money case were about checks and ledgers. But the underlying accusations were seamy and deeply entangled with Trump’s political rise.

Trump was charged with fudging his business’ records to veil a $130,000 payoff to porn actor Stormy Daniels. She was paid, late in Trump’s 2016 campaign, not to tell the public about a sexual encounter she maintains the two had a decade earlier. He says nothing sexual happened between them and that he did nothing wrong.

Prosecutors said Daniels was paid off — through Trump’s personal attorney at the time, Michael Cohen — as part of a wider effort to keep voters from hearing about Trump’s alleged extramarital escapades.

Trump denies the alleged encounters occurred. His lawyers said he wanted to squelch the stories to protect his family, not his campaign. And while prosecutors said Cohen’s reimbursements for paying Daniels were deceptively logged as legal expenses, Trump says that’s simply what they were.

“For this I got indicted,” Trump lamented to the judge Friday. “It’s incredible, actually.”

Trump’s lawyers tried unsuccessfully to forestall a trial, and later to get the conviction overturned, the case dismissed or at least the sentencing postponed.

Trump attorneys have leaned heavily into assertions of presidential immunity from prosecution, and they got a boost in July from a Supreme Court decision that affords former commanders-in-chief considerable immunity.

Trump was a private citizen and presidential candidate when Daniels was paid in 2016. He was president when the reimbursements to Cohen were made and recorded the following year.

Merchan, a Democrat, repeatedly postponed the sentencing, initially set for July. But last week, he set Friday’s dateciting a need for “finality.”

Trump’s lawyers then launched a flurry of last-minute efforts to block the sentencing. Their last hope vanished Thursday night with a 5-4 Supreme Court ruling that declined to delay the sentencing.

AP AUDIO: Trump is sentenced in his hush money case, but the judge declines to impose any punishment

AP correspondent Julie Walker reports from court that president-elect Donald Trump is sentenced in his hush money case, but the judge declines to impose any punishment.

Meanwhile, the other criminal cases that once loomed over Trump have ended or stalled ahead of trial.

After Trump’s election, special counsel Jack Smith closed out the federal prosecutions over Trump’s handling of classified documents and his efforts to overturn his 2020 election loss to Democrat Joe Biden. A state-level Georgia election interference case is locked in uncertainty after prosecutor FieldsWillis was removed from it.

___

Associated Press writer Adriana Gomez Licon in West Palm Beach, Florida, contributed to this report.

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Follow the AP’s coverage of President-elect Donald Trump at https://apnews.com/hub/donald-trump.

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The Dictatorship

California governor invites Trump to tour devastation for himself

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California governor invites Trump to tour devastation for himself

California Gov. Gavin Newsom has invited President-elect Donald Trump to survey the damage from the Los Angeles wildfires personally and to meet with victims as the incoming president continues to cast blame on Newsom and other Democrats.

In a letter to Trump posted to social media on Friday, Newsom noted their joint 2018 tour of the ruins of the Camp and Woolsey fires. “As you prepare to assume the presidency once more, I invite you to come to California again — to meet with the Americans affected by these fires, see the devastation firsthand, and join me and others in thanking the heroic firefighters and first responders who are putting their lives on the line,” Newsom wrote.

“In the spirit of this great country, we must not politicize human tragedy or spread disinformation from the sidelines,” he added.

Trump has seized on the deadly wildfires to attack Newsomone of his longtime Democratic targets. He has made false accusations against the governor over California’s water management and attributed the fires to Democratic “incompetence.”

Newsom in turn has bristled at Trump’s remarks at a time when his state is in the midst of a dire crisis.

“People are literally fleeing. People have lost their lives. Kids lost their schools. Families completely torn asunder. Churches burned down,” Newsom told CNN on air Wednesday as structures burned behind him. “This guy wanted to politicize it. I have a lot of thoughts, and I know what I want to say. I won’t.”

As of Saturday, at least 11 people are confirmed dead from the fires, and some of the largest blazes are still burning even as adverse weather conditions over the weekend threaten to spread the fires further.

Clarissa-Jan Lim

Clarissa-Jan Lim is a breaking/trending news blogger for BLN Digital. She was previously a senior reporter and editor at BuzzFeed News.

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The Dictatorship

A father and son and a man who tried to save his home are among the L.A. wildfire victims

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A father and son and a man who tried to save his home are among the L.A. wildfire victims

As wildfires continue to tear through the Los Angeles areaofficials said that at least 11 people have died, though the actual death toll remains unknown.

Some of the victims have been identified by family members, neighbors and friends. Among them are a father and son who were waiting to be evacuated, as well as residents who had weathered past wildfires and wanted to stay behind to protect their homes.

Here’s what we know about the victims so far.

Anthony and Justin Mitchell

A father and son died in their Altadena home on Wednesday, family members said.

Anthony Mitchell Jr. told The New York Times that his father, a 67-year-old amputee who used a wheelchair, called him early on Wednesday to say that he was waiting for Anthony’s brother, Justin, who has cerebral palsy and did not walk, to be evacuated. That night, both of them were found dead.

Mitchell said his father did not want to leave Justin behind. “He probably could have gotten himself out, but he wasn’t going to leave my brother,” he told NBC News. “He really loved his kids.”

Mitchell described his father as a family man who considered his family as his legacy. “He said, ‘Money don’t matter, property don’t matter. My kids and my family are my treasure,’” Mitchell told NBC News.

Mitchell said his brother Justin was a “sweet kid.” In an interview with The Washington PostJustin’s half sister, Hajime White, said authorities told them that their father was found by Justin’s bedside.

People with disabilities are disproportionately affected by natural disasters. A 2019 state audit found that California emergency officials had continued to overlook people with disabilities and other vulnerable residents when preparing for disasters like wildfires. Victims of the deadly Camp Fire in 2018, for example, were mostly older or disabled.

Rodney Nickerson

Nickerson, 82, did not want to leave the home he lived in for decades and reassured family members and neighbors that he would be fine, his daughter Kimiko Nickerson told KTLA.

Her father had experienced other fires before, she said. “He said that he was going to gather up his stuff, but he said he was going to stay here, too,” she added. “He said that he felt this was going to pass over and that he would be here.”

Nickerson’s son, Eric Nickerson, told the New York Times his father was a retired aerospace engineer for Lockheed Martin and an active deacon at his church.

Victor Shaw

Shaw, 66, lived with his sister in the home that he grew up in. His sister, Shari Shaw, told KTLA that she tried to get him to evacuate with her Tuesday night as the Eaton Fire closed in, but that he was determined to stay behind and protect their home from the fire.

Shaw’s friend Al Tanner told KTLA that they found his burned body at the side of the road with a garden hose. “It looks like he was trying to save the home that his parents had for almost 55 years,” Tanner said.

Erliene Louise Kelley

Briana Navarro told NBC News that her 83-year-old grandmother, who had experienced a previous major wildfire, decided to stay behind when her family evacuated.

“My husband, he’s not from out here, so he kind of was looking at it a little different than we were,” Navarro said. “We asked [my grandmother] … and she’s like, ‘No, no I’m fine. You guys go ahead.’”

Kelley was a familiar face in the neighborhood, Navarro said. Terry Pyburn, a neighbor, described Kelley to the Times as an “angel” who was “so, so, so sweet.”

Randall Miod

Friends and family confirmed that Miod, a surfer and well-known figure in Malibu, died in the Palisades Fire.

Miod, 55, loved living a simple life in Malibu, in a house he called “the Crab Shack,” his friend Corina Cline told The Washington Post. His house burned down, and a cousin said that authorities found remains they believed to be Miod’s in the home, the Post reported.

Rory Callum Sykes

Sykes, a former child actor from Australia, died on his family’s Malibu estate on Wednesday, his mother, Shelley Sykes, wrote in a post on X.

According to the post, she could not put out the cinders on the roof of his cottage because of a lack of water.

Sykes, who was born blind and had cerebral palsy, starred in the British TV show “Kiddy Kapers.”

“He overcame so much with surgeries & therapies to regain his sight & to be able to learn to walk,” his mother wrote. “Despite the pain, he still enthused about traveling the world with me from Africa to Antarctica.”

This is a developing story. Check back for updates.

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