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		<title>Election disputes will shape the Supreme Court&#039;s recent term, but not the record</title>
		<link>https://bloggingthree.soflytech.com/2024/10/election-disputes-will-shape-the-supreme-courts-recent-term-but-not-the-record/</link>
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		<dc:creator><![CDATA[enzo2go]]></dc:creator>
		<pubDate>Sat, 05 Oct 2024 20:59:41 +0000</pubDate>
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					<description><![CDATA[WASHINGTON – Transgender rightsthe regulation of “Ghost Weapons” and the death penalty highlight the Supreme Court term that begins Monday, with the prospect of the court intervening in voting disputes lurking within the background. The judges return to the bench at a time dwindling public trust in court and calls limit their term of office [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img decoding="async" src="https://www.mercurynews.com/wp-content/uploads/2024/10/Supreme_Court_New_Term_88531.jpg?w=1400px&amp;strip=all" /></p>
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<p>WASHINGTON – <a href="https://apnews.com/article/supreme-court-transgender-health-tennessee-kentucky-75e3b446513f61281013a2bf86248044">Transgender rights</a>the regulation of <a href="https://apnews.com/article/supreme-court-ghost-guns-federal-regulations-atf-fb38d09a44ddc8fb7074a4273ae4bcd5">“Ghost Weapons”</a> and the death penalty highlight the Supreme Court term that begins Monday, with the prospect of the court intervening in voting disputes lurking within the background.</p>
<p>The judges return to the bench at a time <a href="https://apnews.com/article/supreme-court-trump-presidential-immunity-abortion-gun-2918d3af5e37e44bbad9c3526506c66d">dwindling public trust</a> in court and calls <a href="https://apnews.com/article/supreme-court-biden-ethics-term-limits-b281a03f8ce2df60109f60722619cc4d">limit their term of office to 18 years</a> have that <a href="https://apnews.com/article/abortion-ketanji-brown-jackson-us-supreme-court-government-and-politics-only-on-ap-8adc9a08c9e8001c8ef0455906542a60">broad support</a>including support from Democratic President Joe Biden and Vice President Kamala Harris, the party&#39;s nominee for the White House.</p>
<p>Whether by design or coincidence, the justices are hearing fewer high-profile cases than in recent legislative sessions, which saw sweeping decisions made by the 6-3 conservative majority <a href="https://www.ap.org/news-highlights/elections/2024/supreme-court-rules-ex-presidents-have-broad-immunity-dimming-chance-of-a-pre-election-trump-trial/">Presidential immunity</a>, <a href="https://apnews.com/article/abortion-supreme-court-decision-854f60302f21c2c35129e58cf8d8a7b0">abortion</a>, <a href="https://apnews.com/article/supreme-court-guns-decision-58d01ef8bd48e816d5f8761ffa84e3e8">Weapons</a>And <a href="https://apnews.com/article/supreme-court-affirmative-action-college-race-f83d6318017ec9b9029b12ee2256e744">positive motion</a>.</p>
<p>The shorter timeline would allow them to simply add election cases as they arrive before the Supreme Court within the run-up to the Nov. 5 election between Republican Donald Trump and Harris or immediately afterward.</p>
<p>“I believe there are legal issues that arise from the political process. And that&#39;s why the Supreme Court must be prepared to reply if the necessity arises,&#8221; Justice Ketanji Brown Jackson told CBS News last month in an interview to promote her new memoir, &#8220;Lovely One.&#8221;</p>
<p>The court&#39;s involvement in election disputes could depend on how close the result is and whether the justices&#39; intervention would affect the outcome, David Cole, the outgoing legal director of the American Civil Liberties Union, said at a recent event in Washington.</p>
<p>“I don’t think the court wants to get involved, but maybe it has to,” Cole said.</p>
<p>The court rejected multiple challenges by Trump and his allies to the results of the 2020 election, which he lost to Biden. It has been nearly a quarter century since the Supreme Court effectively decided the 2000 presidential election, in which Republican George W. Bush defeated Democrat Al Gore.</p>
<p>When the justices meet on Monday morning at a date set by federal law, they will shake hands as they always do. Shortly after 10 a.m. they will emerge from behind freshly cleaned heavy red curtains and sit on the curved mahogany bench, Chief Justice John Roberts in the center chair and his eight colleagues in order of seniority.</p>
<p>There will probably be smiles and private jokes shared. But the kindness of this moment will not resolve tensions that have been barely concealed.</p>
<p>Over the summer, two justices, Elena Kagan and Jackson, expressed support for tightening the new ethics code, which has yet to be enforced.</p>
<p>That the New York Times leaked the contents of a memo Roberts wrote last winter outlining his approach to the court&#39;s decision on presidential immunity &#8220;was nothing in need of shocking,&#8221; Supreme Court lawyer Lisa Blatt said last week in Washington at a preview of the upcoming decision term.</p>
<p>Two years ago, Politico obtained the draft decision overturning the landmark abortion case Roe v. Calf.</p>
<p>“Something actually feels broken,” Blatt said. Describing her experience arguing in court, she said some judges &#8220;just seem visibly frustrated.&#8221;</p>
<p>Important cases will dominate the court&#39;s calendar from Tuesday. The court will challenge the Biden administration&#39;s attempt to regulate hard-to-trace &#8220;ghost guns&#8221; that have been showing up at crime scenes in increasing numbers. The Supreme Court intervened in the case after the conservative 5th U.S. Circuit Court of Appeals invalidated the regulation.</p>
<p>In the last parliamentary term, the Conservatives voted 6 to 3 to repeal a gun regulation that banned weapons <a href="https://apnews.com/article/supreme-court-guns-bump-stocks-b3bd1b4163d78514a6d5acc5b44c8b3d">Bump stocks</a>an accessory that allows some weapons to fire at speeds comparable to machine guns. Bump stocks were used in the country&#39;s deadliest modern mass shooting in Las Vegas.</p>
<p>A day after the gun case, judges will address the latest twist <a href="https://apnews.com/article/supreme-court-execution-richard-glossip-murder-oklahoma-a9409bdc1c22dfc509b9ebe6263b429d">Oklahoma death row inmate Richard Glossip</a> long pursuit of freedom. His case is the rare instance in which prosecutors have acknowledged trial errors that led to Glossip&#39;s conviction and death sentence.</p>
<p>The highest-profile case on the agenda so far is a fight over transgender rights that is taking center stage <a href="https://apnews.com/article/tennessee-transgender-gender-affirming-care-ban-f58714b70298e2eb65ce833c2d4ae3b9">State bans on gender-affirming care</a>. There will probably be arguments about this in December.</p>
<p>Republican-led states have passed a range of restrictions on transgender people&#39;s health care, participation in school sports, use of restrooms and drag shows. The administration and Democratic-led states have expanded protections for transgender people. The Supreme Court separately barred the administration from enforcing it <a href="https://apnews.com/article/title-ix-lawsuit-states-bathrooms-lawsuit-f731ff2f1afd24a1f246443f12053bcc">a recent federal regulation</a> which goals to guard transgender students.</p>
<p><a href="https://apnews.com/article/transgender-genderaffirming-care-supreme-court-a04ab2f808175dbca1be6d90fe575611">The case before the Higher Regional Court</a> This is a law in Tennessee that restricts puberty blockers and hormone therapy for transgender minors. About half of states have enacted similar restrictions.</p>
<p>There is also a … on offer for late autumn <a href="https://apnews.com/article/supreme-court-pornography-age-verification-texas-33a39a2b9dadbd2fb6c6235d4c3bd16c">Attraction from the adult entertainment industry</a> to repeal a Texas law that requires pornographic web sites to confirm the age of their users.</p>
<p>Only about half of the court&#39;s calendar is full for the term, and several other big cases could still be added. This includes the push by Republican-led states and conservative legal institutions to further restrict federal authorities.</p>
<p>The case, which the federal government has appealed to the Supreme Court, could give justices a likelihood to revive a legal doctrine often known as nondelegation, which has not been used to overturn laws in nearly 90 years. Several conservative justices have expressed support for the thought of ​​limiting the powers that Congress can delegate to federal agencies.</p>
<p>Originally published: <time datetime="2024-10-05 12:07:54">October 5, 2024 at 12:07 p.m</time></p>
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		<title>The Supreme Court&#039;s ruling in Trump v. United States would have granted Nixon immunity for the Watergate crimes &#8211; but 50 years ago he needed a presidential pardon to avoid prison</title>
		<link>https://bloggingthree.soflytech.com/2024/09/the-supreme-courts-ruling-in-trump-v-united-states-would-have-granted-nixon-immunity-for-the-watergate-crimes-but-50-years-ago-he-needed-a-presidential-pardon-to-avoid-prison/</link>
					<comments>https://bloggingthree.soflytech.com/2024/09/the-supreme-courts-ruling-in-trump-v-united-states-would-have-granted-nixon-immunity-for-the-watergate-crimes-but-50-years-ago-he-needed-a-presidential-pardon-to-avoid-prison/#respond</comments>
		
		<dc:creator><![CDATA[enzo2go]]></dc:creator>
		<pubDate>Fri, 13 Sep 2024 07:00:25 +0000</pubDate>
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		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=14626</guid>

					<description><![CDATA[Gerald Ford knew that Richard Nixon could possibly be prosecuted for the crimes he committed as President. That was simply a fact when President Ford told his predecessor “a complete, free and absolute pardon” 50 years ago this week. Former presidents didn&#8217;t enjoy comprehensive immunity from criminal prosecution until July 1, 2024, when six members [&#8230;]]]></description>
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<p>Gerald Ford knew that Richard Nixon could possibly be prosecuted for the crimes he committed as President. That was simply a fact when President Ford told his predecessor <a href="https://www.fordlibrarymuseum.gov/library/speeches/740061.asp">“a complete, free and absolute pardon”</a> 50 years ago this week.</p>
<p>Former presidents didn&#8217;t enjoy comprehensive immunity from criminal prosecution until July 1, 2024, when six members of the Supreme Court created this privilege in <a href="https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf">Trump against the United States</a>.</p>
<p>In 1974, when Nixon&#39;s resignation would likely result in prosecution for his role in lots of the Watergate crimes, Republicans within the White House and Congress <a href="https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm">were based on the Constitution</a>. Article II, Section 4 established that former presidents were criminally liable but not immune. Even after impeachment, conviction, and removal from office, &#8220;the party convicted shall nevertheless be liable, and subject to indictment, trial, judgment, and punishment, according to law.&#8221;   </p>
<p>Ford faced this fact in his <a href="https://www.presidency.ucsb.edu/documents/proclamation-4311-granting-pardon-richard-nixon">Declaration of pardon</a>: “Because of certain acts or omissions prior to his resignation from the office of President, Richard Nixon is in danger of being impeached and tried for crimes against the United States.”</p>
<p>Nixon had a right to a good trial, Ford said. The Constitution guarantees this to everyone. But Ford expressed doubts about whether America would find a way to present Nixon a good trial until months or perhaps years had passed. That was his reasoning for pardoning Nixon.</p>
<p>For most Americans, it wasn&#39;t adequate. </p>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:71.08753315649867%;--background-color:#414141"><img decoding="async" alt="A dark-haired man with glasses and a serious expression stands at a lectern and reads a speech into microphones." class="lazyload" src="https://images.theconversation.com/files/618512/original/file-20240910-16-xp1giu.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/618512/original/file-20240910-16-xp1giu.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=426&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/618512/original/file-20240910-16-xp1giu.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=426&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/618512/original/file-20240910-16-xp1giu.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=426&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/618512/original/file-20240910-16-xp1giu.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=536&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/618512/original/file-20240910-16-xp1giu.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=536&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/618512/original/file-20240910-16-xp1giu.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=536&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">President Richard Nixon gives a farewell speech to his staff on the White House after his resignation on August 9, 1974.</span><br />
              <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/president-richard-nixon-looks-down-as-stands-at-a-podium-news-photo/3245056?adppopup=true">George Tames/New York Times Co./Getty Images</a></span><br />
            </figcaption></figure>
<h2>From anger to respect</h2>
<p>According to a poll, only 26 percent of Americans supported the pardon, while 59 percent were against it. </p>
<p>Reporters interviewed outraged residents. </p>
<p>“What about the others in his administration who are on trial?” asked John Dawdy, a Vietnam veteran and law student. After all, Nixon’s co-conspirators, including <a href="https://www.washingtonpost.com/wp-srv/national/longterm/watergate/stories/mitchobit.htm">a former Attorney General</a> And <a href="https://www.washingtonpost.com/wp-srv/onpolitics/watergate/haldeman.html">former White House Chief of Staff</a>received fair trials. </p>
<p>Joseph Hickel, a refugee from Czechoslovakia, saw &#8220;the danger of future crimes&#8221; by presidents if Nixon&#39;s crimes went unpunished. Ann Robinson of Cerritos, California, said: &#8220;This pardon makes the incumbent seem like a king.&#8221;</p>
<p>Opinions modified as Watergate faded into oblivion, and in 1986 <a href="https://millercenter.org/the-presidency/educational-resources/watergate/watergate-aftermath">A poll found that only 39% were against it</a> for pardoning Nixon and 54% for it. </p>
<p>Senator Ted Kennedy, a Democrat from Massachusetts and critic of the 1974 pardon, later concluded that Ford was right and gave him a <a href="https://www.jfklibrary.org/events-and-awards/profile-in-courage-award/award-recipients/president-gerald-ford-2001">Profile within the Courage Award</a> in 2001 for taking an unpopular but conscientious stance.</p>
<p>During the Trump administration, when one other president was under impeachment and prosecution, public opinion concerning the Nixon pardon modified again. Americans were completely <a href="https://today.yougov.com/politics/articles/21224-most-think-president-cant-pardon-himself">polarized</a>: 38% in favor, 38% against. </p>
<p>In light of the Trump experience, some historians looked back and saw Nixon’s pardon in a brand new light: <a href="https://www.nytimes.com/2023/02/20/opinion/ford-nixon-trump.html">as harmful</a> <a href="https://www.newyorker.com/news/q-and-a/trump-impeachment-and-the-lessons-of-the-nixon-pardon">precedent</a> Establishment of the President <a href="https://www.washingtonpost.com/opinions/2022/08/15/nixon-presidential-pardon-trump/">impunity</a>.</p>
<h2>No one is above the law</h2>
<p>This 12 months, Americans must grapple with a brand new consequence of pardons. Because Ford&#39;s decision robbed the country of a precedent for prosecuting a former president, the Supreme Court&#39;s six Republican-appointed justices were capable of fill that void with what I call <a href="https://www.npr.org/2024/07/02/nx-s1-5026545/new-presidential-immunity-ruling-supreme-court-constitutional-scholar">a radical revision</a> the structure. </p>
<p>The majority of the court <a href="https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf">Ruling that presidents enjoy immunity from prosecution</a> for his or her “official acts” <a href="https://www.washingtonpost.com/opinions/2024/07/03/trump-immunity-supreme-court-roberts/">would have forgiven most of Nixon’s Watergate crimes</a>. <a href="https://millercenter.org/the-presidency/secret-white-house-tapes/smoking-gun">Nixon used the CIA to obstruct the FBI&#39;s Watergate investigation</a>; created a <a href="https://www.reuters.com/article/world/uk/factbox-irss-rich-history-of-scandals-political-abuse-idUSBRE94F16V/">illegal, unconstitutional secret police unit; sicced the IRS</a> on political opponents; <a href="https://www.nytimes.com/1971/12/24/archives/nixon-commutes-hoffa-sentence-curbs-union-role-teamster-served.html">commuted the sentence of former Teamster President Jimmy Hoffa</a> of jury tampering and pension fund fraud in exchange for union support; <a href="https://www.nytimes.com/2010/10/17/weekinreview/17abramson.html">and blackmailed campaign donors</a> in return for presidency favors. </p>
<p>Under <a href="https://thehill.com/opinion/judiciary/4762672-immunity-trump-nixon-watergate/">Trump against the United States, Nixon needn&#8217;t have frightened</a> a couple of pardon. He could have declared all these crimes to be &#8220;official acts&#8221; that he had committed throughout the scope of his powers as president. </p>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:66.71087533156499%;--background-color:#5675ad"><img decoding="async" alt="A person holds a banner in front of a large white building that reads “Trump is NOT above the law.”" class="lazyload" src="https://images.theconversation.com/files/618515/original/file-20240910-18-b2lvol.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/618515/original/file-20240910-18-b2lvol.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/618515/original/file-20240910-18-b2lvol.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/618515/original/file-20240910-18-b2lvol.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/618515/original/file-20240910-18-b2lvol.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/618515/original/file-20240910-18-b2lvol.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/618515/original/file-20240910-18-b2lvol.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">On June 1, 2024, people exhibit in front of the U.S. Supreme Court constructing. On that day, the court made a ruling granting the president a high degree of immunity from prosecution.</span><br />
              <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/people-demonstrate-in-front-of-the-u-s-supreme-court-news-photo/2159650653?adppopup=true">Celal Gunes/Anadolu via Getty Images</a></span><br />
            </figcaption></figure>
<p>Ironically, the conservative justices of the Supreme Court, who consider themselves “originalists” and pride themselves on adhering to the literal wording of the Constitution and the unique intent of its framers, have provided an ideal example of the risks of allowing judges to rewrite the Constitution to suit their particular preferences.</p>
<p>The Watergate break-in occurred the identical 12 months that <a href="https://www.britannica.com/biography/Joe-Biden">Joe Biden has entered national politics</a> as a Democratic U.S. Senate candidate from Delaware. <a href="https://www.newspapers.com/image/156499775/?match=1&#038;terms=%20Biden%20pardon">Newly elected Senator Biden criticized the pardon</a> a day after Ford issued it, saying: “It puts a man above the law.” </p>
<p>Biden couldn&#8217;t have known that fifty years later, in his final 12 months in national politics, the Supreme Court would authorize presidents to commit Nixon-style crimes – or worse – throughout the scope of their official authority and without fear of punishment.</p>
<p>As a part of his legacy, Biden has proposed <a href="https://www.washingtonpost.com/opinions/2024/07/29/joe-biden-reform-supreme-court-presidential-immunity-plan-announcement/">Constitutional amendment</a> to repair the damage done by Trump v. United States. Its name reflects the principle Biden invoked 50 years ago. It is named the &#8220;No One Is Above the Law Amendment.&#8221; It would strip presidents of immunity from prosecution for crimes committed as &#8220;official acts.&#8221; As a soon-to-be former president, Biden could have so much to lose by passing his own amendment.</p>
<p>This 12 months’s Republican candidate has often expressed <a href="https://www.nytimes.com/2024/04/30/us/politics/trump-biden-president-immunity.html">Eagerness to prosecute Biden</a> despite an absence of evidence of a criminal offense. In the case of Trump v. United States, Biden enjoys extensive immunity. According to the amendment &#8220;No one is above the law,&#8221; he would lose this privilege. </p>
<p>The amendment shouldn&#8217;t be only an example of Biden putting the country before himself, but in addition an indication of courage.</p>
</p></div>
<p><em>image credit : theconversation.com</em></p>
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		<title>What the Supreme Court&#039;s ruling in SEC v. Jarkesy means for investors</title>
		<link>https://bloggingthree.soflytech.com/2024/07/what-the-supreme-courts-ruling-in-sec-v-jarkesy-means-for-investors/</link>
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		<dc:creator><![CDATA[enzo2go]]></dc:creator>
		<pubDate>Thu, 11 Jul 2024 12:52:49 +0000</pubDate>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Court39s]]></category>
		<category><![CDATA[investors]]></category>
		<category><![CDATA[Jarkesy]]></category>
		<category><![CDATA[means]]></category>
		<category><![CDATA[Ruling]]></category>
		<category><![CDATA[SEC]]></category>
		<category><![CDATA[Supreme]]></category>
		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=8682</guid>

					<description><![CDATA[A recent Supreme Court ruling has received quite a lot of attention for the best way it could transform the federal governmentMuch less attention has been paid to the potential impact on markets. As Finance Professorswe discover this not less than as necessary. The Supreme Court’s ruling in SEC v. Jarkesy could make it harder [&#8230;]]]></description>
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<div itemprop="articleBody">
<p>A <a href="https://www.supremecourt.gov/opinions/23pdf/22-859new_kjfm.pdf">recent Supreme Court ruling</a> has received quite a lot of attention for the best way it <a href="http://axios.com/2024/06/27/scotus-sec-jarkesy-decision">could transform the federal government</a>Much less attention has been paid to the potential impact on markets. </p>
<p>As <a href="https://www.business.msstate.edu/directory/dbb109">Finance</a> <a href="https://finance.appstate.edu/directory/brandy-hadley-phd">Professors</a>we discover this not less than as necessary. The Supreme Court’s ruling in <a href="https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf">SEC v. Jarkesy</a> could make it harder for the Securities and Exchange Commission (SEC), which regulates the securities markets, to combat fraud. And each time the SEC loses power, as has just happened, market confidence and transparency could possibly be in danger.</p>
<p>For investors – including anyone with a 401(k) plan – it&#8217;ll be crucial how the SEC handles the cases in the longer term. </p>
<h2>What is securities fraud anyway?</h2>
<p><a href="https://www.law.cornell.edu/wex/securities">Securities</a> are investments reminiscent of stocks and bonds, and <a href="https://www.law.cornell.edu/wex/securities_fraud">Securities fraud</a> is against the law that involves misleading investors. Specifically, it&#8217;s “the misrepresentation or omission of material information in order to induce investors to trade in securities,” in response to <a href="https://www.law.cornell.edu/wex/securities_fraud">the Legal Information Institute of Cornell University</a>.</p>
<p>Some people joke: “<a href="https://www.bloomberg.com/news/articles/2023-08-25/podcast-matt-levine-makes-the-argument-that-everything-is-securities-fraud">everything is securities fraud</a>”, because words like “misrepresentation” and “<a href="https://omny.fm/shows/what-goes-up/matt-levine-on-why-everything-is-securities-fraud">Securities</a>“ leave quite a lot of room for interpretation. </p>
<p>But although these terms might be interpreted broadly, the SEC pursues relatively few cases – <a href="https://today.westlaw.com/Document/Ia497423737d611ef8921fbef1a541940/View/FullText.html">those where the probability of winning is highest</a>. </p>
<h2>What happened in SEC vs. Jarkesy?</h2>
<p>The story of SEC v. Jarkesy began with <a href="https://www.federalreservehistory.org/essays/great-recession-and-its-aftermath">the financial crisis of 2008</a>When a <a href="https://www.nytimes.com/live/2022/05/18/business/economy-news-stocks-inflation#sec-jury-trial-judge">Hedge fund manager in Texas</a> watched as the worth of his funds declined. </p>
<p>In 2013, the SEC charged fund manager George Jarkesy with securities fraud. He allegedly overestimated the worth of the fund and made other false claims. The SEC indicted and convicted Jarkesy in a case before an internal SEC court, which was presided over by a <a href="https://www.law.cornell.edu/wex/administrative_law_judge_(alj)">Administrative judge</a>.</p>
<p>Jarkesy then sued the SEC, claiming that he had not been given a good trial.</p>
<p>The case went to the Supreme Court, which ruled in Jarkesy&#39;s favor. The ruling found that the SEC&#39;s procedures for detecting fraud and imposing fines didn&#8217;t meet the factors for a good trial. In the longer term, such cases should be tried in federal court.</p>
<p>It sets a crucial precedent for defending individuals accused of wrongdoing by government agencies. And the SEC just isn&#8217;t the one agency to make use of such internal administrative procedures. <a href="https://news.bloomberglaw.com/securities-law/sec-in-house-judges-ruling-will-ripple-to-other-federal-agencies">More than two dozen other agencies</a>including the Department of Labor and the Environmental Protection Agency, shall be affected by the court&#39;s decision.</p>
<figure>
<p><iframe title="Supreme Court Curbs SEC’s Use of In-House Judges" width="1170" height="658" src="https://www.youtube.com/embed/T3D0XqVOpLI?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p><figcaption><span class="caption">Mysterious but necessary.</span></figcaption></figure>
<h2>What impact will the ruling have on SEC enforcement?</h2>
<p>Some people argued that the decision <a href="https://www.politico.com/news/2024/06/27/supreme-court-sec-ruling-00165303">not much will change</a> for the SEC, because the agency had already began forwarding <a href="https://www.sec.gov/newsroom/press-releases/2022-219">many</a> <a href="https://www.coindesk.com/policy/2024/03/27/coinbase-loses-most-of-motion-to-dismiss-sec-lawsuit">cases</a> through federal courts. In addition, the SEC has many other ways to combat fraud through <a href="https://www.sec.gov/enforcement-litigation">Federal jurisdiction, trade bans and suspensions</a>.</p>
<p>A ruling that the SEC must now resort to litigation as an alternative of <a href="https://www.bloomberg.com/view/articles/2015-10-02/sec-s-new-court-powers-aren-t-going-away">internal administrative procedures</a> all securities fraud cases that end in fines shall be transferred to federal courts, potentially increasing the associated fee of prosecution and potentially resulting in fewer enforcement efforts given limited agency resources. </p>
<p>In addition, the lack of the implicit home-field advantage that the SEC has had with its internal procedures could further slow and complicate enforcement efforts. The result could possibly be that when securities fraud occurs, the SEC doesn&#8217;t have the resources to be sure that perpetrators are caught and punished. </p>
<p>In the short term, the <a href="https://news.bloomberglaw.com/mergers-and-acquisitions/matt-levines-money-stuff-purdues-bankruptcy-went-too-far">Supreme Court ruling prevented SEC from restricting its power</a> as much as among the lower courts suggested. This way, the SEC not less than retained most of its legislative and enforcement powers.</p>
<h2>What impact could the ruling have on the markets?</h2>
<p>To understand what&#8217;s more likely to change, it&#8217;s important to grasp the present establishment. </p>
<p>In the last financial yr 2023, the <a href="https://www.sec.gov/newsroom/press-releases/2023-234">SEC filed 784 enforcement actions</a>ordered nearly $5 billion in fines and distributed nearly $1 billion to aggrieved investors. That was a 3% increase in enforcement actions from 2022. And the last two years of SEC fines were the <a href="https://www.sec.gov/newsroom/press-releases/2023-234">biggest</a> <a href="https://news.bloomberglaw.com/us-law-week/sec-enforcement-record-stems-from-more-penalties-not-more-cases">on record</a>.</p>
<p>But now the SEC can now not punish defendants through administrative courts, but must seek civil sanctions through federal courts.</p>
<p>One possible result could possibly be a reduced regulatory burden on investment professionals who can have nervous about how their actions shall be judged by the SEC &#8211; including, but not necessarily, fraudsters. This is since the SEC may present fewer fines or cases involving fines attributable to the extra resources required for litigation. </p>
<p>If this were to occur, fraudsters could possibly be emboldened – since the expected costs of securities fraud could be lower than before the ruling – and investors would need to rely less on regulators for defense and more on limiting risks themselves.</p>
<p>This could pose an issue for less sophisticated investors. Many people have no idea what securities fraud is; even fewer can determine whether a fund manager might need committed it. This risk, in turn, could limit the best way investors take part in the markets. </p>
<p>But if that simply implies that Americans buy more shares of <a href="https://www.investopedia.com/articles/investing/090414/sp-500-etfs-what-every-investor-should-know.asp">S&#038;P 500 exchange-traded funds</a> and invest less in <a href="https://www.ml.com/articles/investing-in-sp-500-companies.html">Hedge funds</a>it shouldn&#8217;t be an issue for <a href="https://www.barrons.com/articles/hedge-funds-citadel-performance-57d99495">everyone&#39;s </a>And more experienced investors should give you the chance to evaluate risks themselves.</p>
<p>At the tip of the day, the researchers documented <a href="https://doi.org/10.1007/s11127-021-00945-3">the importance of trust in the standard and efficiency of the market</a>So whatever helps the SEC maintain confidence can have the best profit for the markets.</p>
<p><a href="https://link.springer.com/article/10.1007/s11127-021-00945-3">Enforcement stays key to maintaining transparency</a> within the markets, however the kind of enforcement &#8211; whether in federal court or elsewhere &#8211; may not matter much. What is significant is that folks who commit financial crimes will proceed to face consequences.</p>
</p></div>
<p><em>image credit : theconversation.com</em></p>
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		<title>As a former president, is Trump immune from criminal charges? The nation awaits the Supreme Court&#039;s decision.</title>
		<link>https://bloggingthree.soflytech.com/2024/06/as-a-former-president-is-trump-immune-from-criminal-charges-the-nation-awaits-the-supreme-courts-decision/</link>
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		<dc:creator><![CDATA[enzo2go]]></dc:creator>
		<pubDate>Mon, 24 Jun 2024 21:22:57 +0000</pubDate>
				<category><![CDATA[Politics]]></category>
		<category><![CDATA[awaits]]></category>
		<category><![CDATA[charges]]></category>
		<category><![CDATA[Court39s]]></category>
		<category><![CDATA[criminal]]></category>
		<category><![CDATA[decision]]></category>
		<category><![CDATA[immune]]></category>
		<category><![CDATA[nation]]></category>
		<category><![CDATA[president]]></category>
		<category><![CDATA[Supreme]]></category>
		<category><![CDATA[Trump]]></category>
		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=7202</guid>

					<description><![CDATA[politics WASHINGTON (AP) — In the approaching days, the Supreme Court will face an ideal storm that it has largely created itself: a trio of choices that flow directly from January 6, 2021 Attack on the US Capitol. Within a couple of days, if not hours, the judges are expected to come to a decision [&#8230;]]]></description>
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<p>								politics<br />
							</span></p>
</header>
<p>WASHINGTON (AP) — In the approaching days, the <a href="https://apnews.com/hub/us-supreme-court">Supreme Court</a> will face an ideal storm that it has largely created itself: a trio of choices that flow directly from January 6, 2021 <a href="https://apnews.com/hub/capitol-siege">Attack on the US Capitol</a>.</p>
<p>Within a couple of days, if not hours, the judges are expected to come to a decision whether Donald Trump <a href="https://apnews.com/article/trump-supreme-court-immunity-jan-6-riot-4813fceb6bc8b0ea2f47bf9315bf7991">Immunity from criminal charges</a> about his efforts to reverse his 2020 election defeat and whether Trump supporters who stormed the Capitol might be prosecuted <a href="https://apnews.com/article/supreme-court-capitol-riot-obstruction-charge-trump-d4b01cb32cdbd2065e802902a90bd9f1">Obstruction of an official procedure</a>.</p>
<p>The court will even resolve whether former Trump adviser Steve Bannon can stay out of prison while he appeals his conviction for contempt of Congress. <a href="https://apnews.com/article/steven-bannon-supreme-court-contempt-donald-trump-f5c90cf82a1588e737e30903f69def1b">Disregard of a summons</a> from the House committee investigating the attack on the Capitol.</p>
<p>These cases are amongst a couple of dozen major disputes involving abortion, homelessness, the facility of federal regulators, the opioid epidemic and social media platforms that the justices have yet to rule on as the standard end of their terms approaches.</p>
<p>Taken together, the three cases involving the previous president could feed narratives concerning the court and its conservative supermajority that <a href="https://apnews.com/article/supreme-court-nixon-trump-immunity-watergate-54d4c3737d6951b219d66708e1ef259d">three judges</a> appointed by Trump and two other judges, <a href="https://apnews.com/article/alito-flag-supreme-court-roberts-justice-senate-e53c1d1fef7b81f9dc87fa31b1622c4c">Samuel Alito</a> And <a href="https://apnews.com/article/alito-flag-supreme-court-roberts-justice-senate-104ded51a089642a7a449b3d3234a3e6">Clarence Thomas</a>have rejected calls to recuse themselves from the 6 January cases attributable to doubts about their impartiality.</p>
<p>From the angle of Trump and his allies, the findings could provide further evidence for his or her claims that the Justice Department treated those accused within the Capitol riot unfairly. The riots resulted in greater than 1,400 criminal cases by which 200 people were convicted and greater than 850 pleaded guilty.</p>
<p>That hasn&#39;t stopped Trump and his allies from claiming the Justice Department treated the Capitol riot defendants unfairly, and the end result of the cases could give them more reasons to denounce the costs.</p>
<p>The court&#39;s handling of the immunity issue has already drawn criticism. Criticism comes each from the incontrovertible fact that the justices have addressed the difficulty in any respect &#8211; especially in light of the unanimous decision of a federal appeals court that had dismissed Trump&#39;s lawsuit &#8211; and from the incontrovertible fact that they&#8217;ve not yet made a call on it.</p>
<p>Even if the court limits Trump&#39;s immunity or dismisses his charges entirely, provided that his election interference trial could happen in Washington, &#8220;it is unlikely that a ruling will be made before the election,&#8221; wrote University of Michigan law professor Leah Litman within the New York Times.</p>
<p>While the Court moved more quickly than usual in coping with the immunity case, it has acted much more expeditiously in other epic cases involving presidential power, including <a href="https://apnews.com/article/john-dean-richard-nixon-government-and-politics-crime-c7a7b99cca7c685cfc239f5e08b53378">Watergate</a> Tape recorder case. Nearly 50 years ago, just 16 days after hearing arguments, the Court ruled 8-0 that Richard Nixon must turn over tapes of Oval Office conversations, rejecting his claim of executive privilege.</p>
<p>In March, the judges needed lower than a month to <a href="https://apnews.com/article/supreme-court-trump-insurrection-election-colorado-51e79c0f03013034c8a042cb278b6446">resolve unanimously</a> that the post-Civil War “insurrection clause” enshrined within the Constitution couldn&#8217;t be utilized by the states to exclude Trump from the presidential election.</p>
<p>The three cases related to Trump&#39;s efforts to overturn his 2020 election defeat show how often he has appeared within the court&#39;s work this yr, whilst he now does so because the Republican Party&#39;s presumptive presidential nominee. Trump was also a consider <a href="https://apnews.com/article/supreme-court-social-media-public-officials-973f1d18e74faccaa4bfce3bd65cc1af">two social media cases</a> and even a trademark dispute over the expression “ <a href="https://apnews.com/article/supreme-court-trademark-dispute-trump-084289de2aee421419422aa04137c327">Trump too small</a>.”</p>
<p>The court almost all the time finishes its work by the tip of June. However, this yr this will not be certain.</p>
<p>The court will announce its next decisions on Wednesday. Among the opposite cases still to be decided are:</p>
<ul>
<li>Can doctors <a href="https://apnews.com/article/abortion-supreme-court-emergencies-hospitals-doctors-45766f0a1ab576ce0f6515c5a1bd9e2a">Performing abortions in medical emergencies</a> in states that banned abortion after the Court overturned Roe v. Wade? In a case out of Idaho, the Biden administration says abortion have to be allowed in emergency situations where a lady&#39;s health is at serious risk, while the state argues it&#8217;s enough that its strict abortion ban includes an exception to save lots of a lady&#39;s life.</li>
<li>The Supreme Court’s most important case on homelessness in many years concerns the query of whether people <a href="https://apnews.com/article/homelessness-supreme-court-oregon-fines-camping-ban-334d90536535ebb07ccb6d2dc76009c9">Prohibition of sleeping outdoors</a> when shelter space is proscribed. A San Francisco appeals court ruled that such bans amount to cruel and weird punishment. Politicians in California and across the West say the ruling will make it harder for them to manage homeless encampments that spill onto sidewalks and other public spaces.</li>
<li>The judges could <a href="https://apnews.com/article/supreme-court-chevron-regulations-environment-fish-e0c83212c892887860f7800c1ae1e02b">overturn a 40-year-old decision</a> The law has been cited 1000&#8217;s of times in federal court cases and used to implement environmental, public health, employee safety and consumer protection regulations. The decision, colloquially often known as Chevron, requires judges to defer to federal regulators when the language of a law will not be crystal clear. The decision has long been a goal of conservative and business interests who say Chevron strips judges of their authority and provides regulators an excessive amount of power.</li>
<li>At the intersection of social media and government, three cases remain unresolved. Two cases involve social media laws in Texas and Florida that will limit how Facebook, TikTok, X, YouTube and other social media platforms regulate content. In the third, Republican-led states are suing the Biden administration over how far the federal government can go to shut down controversial social media posts on topics like COVID-19 and election security.</li>
<li>The Supreme Court controls the fate of a <a href="https://apnews.com/article/purdue-pharma-trustee-bankruptcy-sackler-opioid-oxycontin-713134927e34ef071803b3983ddd01ac">Nationwide agreement with OxyContin manufacturer Purdue Pharma</a> that will provide billions of dollars for the fight <a href="https://apnews.com/hub/opioids">the opioid epidemic</a>but additionally provide legal protection for members of the Sackler family who own the corporate. The settlement has been on hold since last summer after the Supreme Court agreed to intervene.</li>
<li>The Republican-led energy-producing states and the steel industry want the court to overturn the Environmental Protection Agency’s decision <a href="https://apnews.com/article/supreme-court-epa-good-neighbor-air-pollution-rules-9d29c120d276f4bad5b3ea2c75d107ff">Good Neighbour Plan to Combat Air Pollution</a> on hold while legal motion continues. The plan goals to guard downwind states which can be exposed to unwanted air pollution from other states.</li>
<li>Another necessary regulatory case <a href="https://apnews.com/article/supreme-court-regulatory-agencies-sec-enforcement-c3a3cae2f4bc5f53dd6a23e99d3a1fac">could move out</a> a crucial tool for the Securities and Exchange Commission within the fight against securities fraud and has far-reaching implications for other regulators. The court is predicted to rule that individuals accused of civil fraud have the proper to a jury trial in federal court.</li>
</ul>
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		<title>The Supreme Court&#039;s slow decision on Trump&#039;s immunity is the alternative of politics</title>
		<link>https://bloggingthree.soflytech.com/2024/06/the-supreme-courts-slow-decision-on-trumps-immunity-is-the-alternative-of-politics/</link>
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		<dc:creator><![CDATA[enzo2go]]></dc:creator>
		<pubDate>Mon, 24 Jun 2024 19:26:13 +0000</pubDate>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Court39s]]></category>
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		<category><![CDATA[immunity]]></category>
		<category><![CDATA[politics]]></category>
		<category><![CDATA[slow]]></category>
		<category><![CDATA[Supreme]]></category>
		<category><![CDATA[Trump39s]]></category>
		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=7196</guid>

					<description><![CDATA[Frustration is growing because the country waits – and waits and waits – for the U.S. Supreme Court’s decision in Trump against the United Statesthe case, which concerns whether the previous president is immune from criminal prosecution for his activities within the wake of the 2020 elections. For the left: The delay seems each political [&#8230;]]]></description>
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<p>Frustration is growing because the country waits – and waits and waits – for the U.S. Supreme Court’s decision in <a href="https://www.oyez.org/cases/2023/23-939">Trump against the United States</a>the case, which concerns whether the previous president is immune from criminal prosecution for his activities within the wake of the 2020 elections. </p>
<p>For the left: <a href="https://www.salon.com/2024/06/20/intentional-harvard-legal-scholar-says-scotus-deliberately-delayed-immunity-ruling/">The delay seems each political and deliberate</a>one other example of how conservative lawyers within the court&#39;s majority opinion are helping Trump avoid responsibility that might otherwise have been unavoidable. </p>
<p>I get it. <a href="https://www.nytimes.com/2023/12/22/us/politics/trump-supreme-court-immunity.html">The court’s refusal to simply accept the case</a> when Special Counsel Jack Smith first requested it in December 2023; <a href="https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/23-939_f204.pdf">Oral hearing scheduled for end of April 2024</a>; and the months which have passed and not using a decision have made it quite likely that Donald Trump is not going to be placed on trial for his alleged coup any time soon. This has consequences. </p>
<p>But that doesn&#8217;t mean the court should deviate from its usual approach. Asking the judges to maneuver away from their usual sluggish pace is asking them to do exactly what critics complain about &#8211; to be political. </p>
<p>Here&#39;s why. </p>
<h2>Difficult questions take time</h2>
<p>When the Supreme Court comes to a decision, it&#8217;s inevitably answering a really difficult legal query. If the answers were clear, the case would never have been the topic of litigation before the Supreme Court. </p>
<p>The court is usually not concerned with deciding a particular winner or loser, but quite formulates general legal principles that guide lower courts, other branches of presidency, and even the American people. The court suggested it was  the larger picture when it expanded the legal query from whether a former president is immune from prosecution to how far that immunity should extend. The final ruling could have implications far beyond Donald Trump.</p>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:75.06631299734748%;--background-color:#585036"><img decoding="async" alt="" class="lazyload" src="https://images.theconversation.com/files/602368/original/file-20240622-19-z6071e.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/602368/original/file-20240622-19-z6071e.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=450&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/602368/original/file-20240622-19-z6071e.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=450&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/602368/original/file-20240622-19-z6071e.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=450&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/602368/original/file-20240622-19-z6071e.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=566&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/602368/original/file-20240622-19-z6071e.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=566&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/602368/original/file-20240622-19-z6071e.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=566&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">The Supreme Court’s decision in Trump v. United States will impact Special Counsel Jack Smith’s (left) prosecution of former President Donald Trump.</span><br />
              <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/this-combination-of-pictures-created-on-august-5-2023-shows-news-photo/1583882702?adppopup=true">Saul Loeb and Eva Marie Uzcategui/AFP via Getty Images</a></span><br />
            </figcaption></figure>
<p>While <a href="https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/23-939_f204.pdf">hearing</a>Justice Neil Gorsuch brushed aside the ugly details of what Trump allegedly did and insisted that the court was &#8220;writing a rule for the ages.&#8221; The commentary <a href="https://music.amazon.com/podcasts/bab51a2f-b01b-4d90-8c32-2e48067ec485/episodes/885055a9-a8b0-419a-9797-70776f65d89d/amicus-with-dahlia-lithwick-law-justice-and-the-courts-democracy-dies-at-scotus">drew anger</a> by legal commentators for trivializing Trump’s alleged crimes, but as <a href="https://scholar.google.com/citations?user=7cOGzcwAAAAJ&#038;hl=en">Supreme Court Scholar</a>I feel it was exactly right. </p>
<p>Since the legal query now also included the query “To what extent does the President enjoy immunity?”, the case could now not be answered with a single “yes” or “no”. </p>
<p>This case raises big questions on the separation of powers, presidential power, and the rule of law. The Supreme Court must transform these constitutional principles right into a workable legal doctrine that applies well beyond the 2024 election. Crafting such a rule is difficult and takes time.</p>
<p>This rule should be developed and justified through the rigour of legal discourse, which relies on rigorously constructed logic, sober evaluation and appropriate use of precedent. Determining whether, how and why previous cases affect a call is arduous, let alone explaining.</p>
<p>There&#39;s a reason why court opinions might be greater than 100 pages long: they&#8217;ve to supply rattling good reasons for his or her decisions. </p>
<h2>Quick decisions rarely delay</h2>
<p>Supreme Court decisions are never the results of a single factor. No matter what number of critics claim that the justices resolve cases based primarily or solely on their political ideology, the evidence simply doesn&#8217;t support this. </p>
<p>Leaving aside the plain <a href="https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.pdf">recent cases during which the conservative</a>&#8211;<a href="https://www.supremecourt.gov/opinions/23pdf/23-235_n7ip.pdf">dominated court acted</a> <a href="https://www.supremecourt.gov/opinions/22pdf/21-1086_1co6.pdf">in favor of more progressive interests</a>Decades of empirical research from <a href="https://scholar.google.com/citations?user=7cOGzcwAAAAJ&#038;hl=en">Legal policy scientists like me</a> have shown that the Supreme Court justices aren&#8217;t just what some call “<a href="https://constitutioncenter.org/blog/are-judges-simply-politicians-in-robes">Politicians in robes</a>who vote for the party line and <a href="https://www.cambridge.org/core/journals/perspectives-on-politics/article/abs/taking-law-seriously/D52A606C0602DBB44D26B24CE382902A">use the law only as a fig leaf</a> that obscures their ideology.</p>
<p>Instead, they&#8217;re highly qualified legal thinkers who work throughout the boundaries of <a href="https://press.princeton.edu/books/paperback/9780691151052/the-constrained-court">the political environment</a> And <a href="https://press.princeton.edu/books/paperback/9780691136332/the-politics-of-precedent-on-the-us-supreme-court">the law</a>. </p>
<p>Perhaps one ignores Justice Clarence Thomas, whose outsider status became all of the more evident when he <a href="https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.pdf">expressed his dissent in a solo</a> that individuals with domestic violence restraining orders must have access to guns, judges must rigorously consider the preferences of others, including: other members of the court, Congress and the chief branch, and the American voters. </p>
<p>If the court blindly follows its own political preferences, <a href="https://doi.org/10.1111/j.1540-5907.2009.00411.x">there may be a risk of a backlash</a> <a href="https://doi.org/10.1111/j.1741-5705.2008.02637.x">from the opposite branches</a> and a <a href="https://doi.org/10.1111/ajps.12834">Loss of public trust</a>. </p>
<p>There have been quick decisions by the court, but they do occur <a href="https://empiricalscotus.com/2023/01/23/its-not-your-imagination-the-supreme-court-is-less-efficient/">every jubilee 12 months</a> and infrequently get up to legal evaluation or history. </p>
<h2>Penetrating the fog</h2>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:69.62864721485411%;--background-color:#a28d60"><img decoding="async" alt="Police officers in riot gear in front of a large white building with columns." class="lazyload" src="https://images.theconversation.com/files/602369/original/file-20240622-21-52xoje.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/602369/original/file-20240622-21-52xoje.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=418&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/602369/original/file-20240622-21-52xoje.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=418&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/602369/original/file-20240622-21-52xoje.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=418&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/602369/original/file-20240622-21-52xoje.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=525&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/602369/original/file-20240622-21-52xoje.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=525&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/602369/original/file-20240622-21-52xoje.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=525&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">Police officers in riot gear outside the Supreme Court on December 11, 2000, because the court heard a case that might resolve the 2000 presidential election.</span><br />
              <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/police-officers-with-riot-gears-stand-guard-during-a-news-photo/1311448?adppopup=true">Hulton Archive/Getty Images</a></span><br />
            </figcaption></figure>
<p><a href="https://www.oyez.org/cases/2000/00-949">Bush vs. Gore</a>during which the judges needed only two days to make a decision on the legally contested presidential election of 2000, was so poorly founded that the <a href="https://www.yalelawjournal.org/forum/please-dona8217t-cite-this-case-the-precedential-value-of-bush-v-gore">Court itself said</a> <a href="https://supreme.justia.com/cases/federal/us/531/98/">to never have a look at it again</a>. </p>
<p>Scientists have more respect for the court&#39;s ruling from 1974, 16 days after the oral hearing. <a href="https://www.washingtonpost.com/wp-srv/national/longterm/watergate/articles/072574-1.htm">that President Richard Nixon needed to release the Watergate tapes</a> to law enforcement, but that call left numerous legal questions on executive privilege unanswered. These questions were later raised in court by <a href="https://thehill.com/homenews/administration/442754-five-fights-over-executive-privilege/">Presidents Bill Clinton, Barack Obama and Donald Trump</a>. </p>
<p>A subsequent legal dispute is just not at all times problematic. But it may – <a href="https://www.washingtonpost.com/opinions/2024/02/06/trump-immunity-jan-6-trial-scotus/">as many claim, is occurring here</a> – create the use and abuse of the legal system to avoid legal consequences. One of the the explanation why Trump made it to the Supreme Court was because a very powerful previous ruling <a href="https://www.oyez.org/cases/1981/79-1738">during which the court acquitted Nixon of civil liability</a>may or may not apply to the allegations against Trump.  </p>
<p>In the present Trump case, the court faces a difficult task. Both sides agree that a former president can&#8217;t be prosecuted for exercising &#8220;central executive functions&#8221; similar to the presidential pardon and appointment powers. Both sides also agree that he <a href="https://www.c-span.org/video/?534673-1/trump-v-united-states-oral-argument-presidents-immunity-claim">be prosecuted for all illegal acts committed in private life</a>and never with official duties, similar to recruiting Rudy Giuliani to assist challenge the election results. </p>
<p>That is a big area of ​​overlap between the opposing sides on this case. But between those poles lies an unlimited fog of presidential activities that will or is probably not subject to the scrutiny of the legal system. The court must penetrate that fog, and accomplish that thoroughly. </p>
<p>The good legal decision required here is not going to be easy to formulate. If the court ignores the trimmings of judicial decision-making and easily sends Trump off with a wave and a kiss goodbye, with full—or no—immunity in his pocket, its own institutional legitimacy would sink even further.</p>
<p>The justices must face this moment and choose whether a president is above the law. But they must also bear in mind that they, too, are subject to the gauntlet of legal reasoning and jurisprudence. A hasty, sloppy decision could have damaging effects far beyond what Trump might need done three and a half years ago. </p>
<p>In view of Trump’s potentially unconstitutional actions <a href="https://www.nytimes.com/interactive/2024/06/16/us/politics/trump-policy-list-2025.html">threatened with</a> If re-elected, the country will need a robust and revered Supreme Court within the near future. Those offended on the court needs to be very blissful that it&#8217;s business as usual. Otherwise, their fear that Trump will get away with anything may very well come true.</p>
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<p><em>image credit : theconversation.com</em></p>
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		<title>I&#039;m a political scientist and the Alabama Supreme Court&#039;s IVF ruling has made me a reproductive rights refugee</title>
		<link>https://bloggingthree.soflytech.com/2024/05/im-a-political-scientist-and-the-alabama-supreme-courts-ivf-ruling-has-made-me-a-reproductive-rights-refugee/</link>
					<comments>https://bloggingthree.soflytech.com/2024/05/im-a-political-scientist-and-the-alabama-supreme-courts-ivf-ruling-has-made-me-a-reproductive-rights-refugee/#respond</comments>
		
		<dc:creator><![CDATA[enzo2go]]></dc:creator>
		<pubDate>Mon, 06 May 2024 06:29:41 +0000</pubDate>
				<category><![CDATA[Politics]]></category>
		<category><![CDATA[Alabama]]></category>
		<category><![CDATA[Court39s]]></category>
		<category><![CDATA[I39m]]></category>
		<category><![CDATA[IVF]]></category>
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		<category><![CDATA[rights]]></category>
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		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=2680</guid>

					<description><![CDATA[A day earlier, the Alabama Supreme Court had decided this frozen embryos created and used for in vitro fertilization Because we&#8217;re children, my wife Gabby and I got the green light by our doctors to start the IVF process. We live in Alabama. That Friday evening, February 16, 2024, Gabby, unaware of the choice, began [&#8230;]]]></description>
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<p>A day earlier, the Alabama Supreme Court had decided this <a href="https://apnews.com/article/alabama-supreme-court-from-embryos-161390f0758b04a7638e2ddea20df7ca">frozen embryos created and used for in vitro fertilization</a> Because we&#8217;re children, my wife Gabby and I got the green light by our doctors to start the IVF process.  We live in Alabama.</p>
<p>That Friday evening, February 16, 2024, Gabby, unaware of the choice, began taking her stimulation medications, totaling roughly $4,000.  We only came upon concerning the decision on Sunday morning, February 18th.  By then, she had taken 4 injections &#8211; or two doses &#8211; of every of the stimulation medications.</p>
<p>For those that don&#39;t know, the IVF process is a winding journey stuffed with tests, blood tests and bills.  An IVF patient takes hormones for eight to 14 days to stimulate her ovaries to provide many mature eggs.  The mature eggs are then removed through a minor surgical treatment and fertilized with sperm in a laboratory.  The newly created embryos are monitored, sometimes biopsied and frozen for genetic testing, after which normally implanted individually into the uterus.  From injection to implantation, a round of IVF takes 4 to eight weeks.  </p>
<p>IVF could be as stressful because it is exciting.  However, we hoped that the prospect of a successful pregnancy and our own child at the top of the method could be value it.  The Alabama Supreme Court&#39;s decision threw our dreams into the air.</p>
<p>I <a href="https://scholar.google.com/citations?user=ow6DhIQAAAAJ&#038;hl=en&#038;oi=ao">Study politics</a> – I don’t practice it.  I&#8217;m not involved in state or local government.  I&#8217;m a scientist, not an activist or lawyer.  But now one of the intimate, personal events of our lives had been was a political event by the state&#39;s highest court.  This also made me something else that I wasn&#39;t before: an activist.</p>
<h2>Understand the judgment</h2>
<p>During your complete strategy of creating, growing and testing embryos in a laboratory, as much as <a href="https://www.illumefertility.com/fertility-blog/ivf-attrition-rate">50% to 70%</a> of embryos could be lost.  The following also applies to the preimplantation stage of natural pregnancies: <a href="https://doi.org/10.12688%2Ff1000research.22655.1">Many embryos don&#8217;t survive</a>.</p>
<p>If embryos are children&#39;s, because the court ruled, fertility clinics and patients would face enormous potential legal liability.  Under this latest framework, patients could file wrongful death lawsuits against doctors attributable to normal failure of embryos within the testing or implantation phase.  Doctors would either should charge more for an already expensive procedure to cover the big legal costs or forego IVF altogether.</p>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:66.71087533156499%;--background-color:#543d34"><img decoding="async" alt="A screen shows a microscope&#39;s view of a needle and cells." class="lazyload" src="https://images.theconversation.com/files/580233/original/file-20240306-30-vi57hp.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/580233/original/file-20240306-30-vi57hp.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/580233/original/file-20240306-30-vi57hp.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/580233/original/file-20240306-30-vi57hp.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/580233/original/file-20240306-30-vi57hp.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/580233/original/file-20240306-30-vi57hp.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/580233/original/file-20240306-30-vi57hp.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">Laboratory personnel at an in vitro fertilization laboratory extract cells from embryos, that are then checked for viability.</span><br />
              <span class="attribution"><a class="source" href="https://newsroom.ap.org/detail/FrozenEmbryos/ebbb52ebd68b4ab691798f90b3319f05/photo">AP Photo/Michael Wyke</a></span><br />
            </figcaption></figure>
<p>The decision and its consequences – that IVF couldn&#8217;t proceed within the state of Alabama – felt like a private affront to us.  We were indignant that this uncertainty got here into the method three days after injecting IVF drugs. </p>
<p>Although the choice clearly jeopardized the long run of IVF in Alabama, it was unclear to us whether we could be allowed to proceed with the method we had begun.  For the subsequent 4 days we remained completely at the hours of darkness.  Gabby and I had no selection but to proceed each day life and IVF as if nothing had happened. </p>
<p>For me, that meant teaching mine <a href="https://bulletin.auburn.edu/coursesofinstruction/poli/">Political Participation Course at Auburn University</a>.</p>
<h2>Teaching politics when it gets personal</h2>
<p>I&#39;ll always remember coming into class on Monday, February nineteenth and telling the scholars concerning the court decision and the way they &#8211; possibly?  – would jeopardize Gabby’s and my IVF process. </p>
<p>Before we began IVF, Gabby and I had experienced three miscarriages together.</p>
<p>IVF doesn&#39;t all the time work.  Approximately <a href="https://nccd.cdc.gov/drh_art/rdPage.aspx?rdReport=DRH_ART.ClinicInfo&#038;rdRequestForward=True&#038;ClinicId=9999&#038;ShowNational=1">55% of IVF patients</a> under 35 years of age – Gabby is 26 – have a successful pregnancy after egg retrieval.  We couldn&#39;t imagine the pain of telling family and friends that our try and have a toddler had failed again.  That&#39;s why we agreed that we might tell as few people as possible about in vitro fertilization. </p>
<p>But here I used to be, telling my entire class what we were going through and the way the Alabama Supreme Court&#39;s ruling might affect us. </p>
<p>I wasn&#39;t the just one telling our story.  The night before my Monday morning class, Gabby posted one <a href="https://www.al.com/opinion/2024/02/guest-opinion-alabama-supreme-court-embryo-ruling-may-make-it-difficult-for-us-to-have-children.html">Opinion column</a> on our local news site concerning the verdict and our resulting fears and anxieties, which resonated with people.</p>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:59.94694960212201%;--background-color:#354653"><img decoding="async" alt="Empty the containers of eggs and embryos into a large, frozen round container" class="lazyload" src="https://images.theconversation.com/files/578418/original/file-20240227-26-7ak5sq.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/578418/original/file-20240227-26-7ak5sq.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=360&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/578418/original/file-20240227-26-7ak5sq.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=360&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/578418/original/file-20240227-26-7ak5sq.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=360&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/578418/original/file-20240227-26-7ak5sq.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=452&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/578418/original/file-20240227-26-7ak5sq.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=452&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/578418/original/file-20240227-26-7ak5sq.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=452&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">Cryopreservation gives expectant parents more time to pursue pregnancy.</span><br />
              <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/photo/frozen-embryos-and-eggs-in-nitrogen-cooled-royalty-free-image/520157312">Ted Horowitz Photography/The Image Bank via Getty Images</a></span><br />
            </figcaption></figure>
<p>I became fixated that day and for the subsequent few weeks on the conceptual gap between the court&#39;s ruling and public opinion.  I wondered aloud, ‘Who is against IVF?’ Surely only 5 to 10% of the general public agrees with this ruling.”</p>
<p>The actual numbers don&#39;t vary removed from my estimate at school. <a href="https://d3nkl3psvxxpe9.cloudfront.net/documents/econTabReport_XLG2Z6p.pdf">Only 8% of Americans</a> say that IVF is immoral or ought to be illegal.  But the story is more nuanced.  Approximately <a href="https://www.ipsos.com/sites/default/files/ct/news/documents/2024-02/Axios%20Ipsos%20Alabama%20IVF%20Topline%20PDF%202.28.24.pdf">31% of Americans and 49% of Republicans</a> support “regarding frozen embryos as human beings and holding those who destroy them legally accountable.” </p>
<p>In an try and tie our personal political experiences to the category topic, I commented that this court decision was a surefire method to get people involved in politics.  I had no idea on the time how prophetic my comment could be.</p>
<h2>Flee to Texas for reproductive rights?</h2>
<p>On Wednesday, February twenty first, it took place <a href="https://www.al.com/news/2024/02/uab-pauses-in-vitro-fertilization-due-to-fear-of-prosecution-officials-say.html">University of Alabama Birmingham Fertility Clinic</a> IVF treatments paused.  This wasn&#39;t our clinic, however the move left us in complete panic.  The closure of our clinic seemed inevitable – inside 24 hours <a href="https://www.nbcnews.com/health/health-news/university-alabama-pauses-ivf-services-court-rules-embryos-are-childre-rcna139846">It had also suspended IVF treatments</a>. </p>
<p>We didn&#39;t know what we were going to do, but we knew we might probably should exit of state to proceed IVF.  I had to inform my department head what was occurring.</p>
<p>I used to be leaving my department manager&#39;s office when my phone rang.  Gabby told me, &#8220;We came in, we&#39;re going to the temple.&#8221; I ran back to my department head&#39;s office, told her we were going to Temple, Texas, after which rushed home. </p>
<p><a href="https://www.cnn.com/2024/02/22/us/alabama-embryos-ruling-ivf-treatment-leaving-state/index.html">A reporter from CNN</a> Hit me there.  It was considered one of <a href="https://www.washingtonpost.com/nation/2024/02/24/alabama-ivf-treatment-ruling-abortion/">several</a> <a href="https://www.nbcnews.com/health/health-news/ivf-doctors-patients-fearful-alabama-court-rules-embryos-are-children-rcna139636">Interviews</a> with <a href="https://apnews.com/video/alabama-assisted-reproductive-technology-courts-legislation-gabby-goidel-8990ee5efaab450b940da1e6a39bf8d1">significant</a> <a href="https://www.msnbc.com/katy-tur/watch/-thoughtless-ivf-patients-speak-out-on-alabama-embryo-decision-204655173631">media</a> <a href="https://www.theguardian.com/us-news/2024/feb/22/alabama-fertility-pause-ivf-embryo-ruling">Points of sale</a> Gabby did it following her opinion column.  After the interview, we threw clothes right into a suitcase, took our dogs to the vet and drove to the Atlanta airport.  That night we flew to Texas.</p>
<figure>
<p><iframe title="Couple undergoing IVF treatment in Alabama reacts to court&#039;s ruling on frozen embryos" width="1170" height="658" src="https://www.youtube.com/embed/9MCbgW7i2I0?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p><figcaption><span class="caption">One of the Goidels&#39; many media interviews following the Alabama verdict.</span></figcaption></figure>
<p>The considered not with the ability to complete the egg retrieval process never seriously crossed our minds.  We were confident that we could get in contact with one other IVF clinic anywhere and in every single place.  But we&#8217;re wealthy.  We are privileged.  What if we weren&#39;t doing so well?  We wouldn&#39;t have wanted to present up, but we couldn&#39;t have afforded the fight.</p>
<p>We spent exactly per week at my parents&#39; house in Texas.  Luckily, my parents live an hour and a half away from Temple Clinic.  We met our latest doctor, <a href="https://www.bswhealth.com/physician/gordon-bates">Gordon Wright Bates</a>, and were immediately reassured.  His cool expertise and confidence had a chilled effect on a stressed couple.  The Alabama Supreme Court could have turned our lives the other way up, but we were strangely lucky to be in such a snug place.</p>
<p>The egg retrieval took place on Wednesday morning, February twenty eighth.  All signs went well.  However, IVF is stuffed with uncertainties.  Now we&#8217;re waiting for the outcomes of the preimplantation genetic tests.  This is followed by implantation and the hope that the embryo will proceed to grow.  We should not clear: IVF is a stressful process, even and not using a state court getting in the best way.  But today we discover ourselves in a situation more just like the common couple undergoing IVF than we now have been in recent weeks.</p>
<p>Late Wednesday evening, March sixth, <a href="https://www.nytimes.com/2024/03/06/us/politics/alabama-ivf-law.html">Alabama Governor Kay Ivey has signed a bill into law</a> Providing legal protection to IVF clinics within the state.  Gabby and I were comfortable concerning the news.  Hopefully we can be the last Alabamian couple to go away the state for IVF.</p>
<h2>A mobilizing moment</h2>
<p>When government policy intervenes directly in your life, it seems like a punch within the gut, as if the community you like is saying you should not loved.  It&#39;s easy to see how such an experience can either discourage or motivate you.  Research shows that traumatic events largely <a href="https://doi.org/10.1017/S0003055422001010">Reduce voter turnout</a> in the next presidential election.  In contrast, families and friends of the victims of September eleventh <a href="https://doi.org/10.1073/pnas.1315043110">became and remained more politically lively</a> than their colleagues. </p>
<p>In this case, the Alabama Supreme Court&#39;s ruling mobilized Gabby and <a href="https://www.democracynow.org/2024/3/4/alabama_ivf_patients_warning_to_others">other</a> <a href="https://www.today.com/health/news/alabama-ivf-ruling-embryo-transfer-canceled-rcna140029">Women</a> undergo the IVF process.  For higher or worse, the ladies, couples and families mobilized by this decision are more likely to develop into increasingly more engaged consequently.</p>
<p>“Oh God,” I said to my father, “we’re going to be activists now, aren’t we?”</p>
<p>&#8220;So?&#8221;  he asked.</p>
<p>“Nobody likes activists,” I replied jokingly.  But if we would like to have and lift the family we would like, that is just the primary of many choices we&#8217;ll make that somebody is not going to like.</p>
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<p><em>image credit : theconversation.com</em></p>
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