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The Supreme Court held on Monday in Trump v. Slaughter that the Federal Trade Commission’s for-cause removal provision violates constitutional separation of powers principles because the FTC’s activities “fall well within the heartland of executive power.” (Opinion). The Court, however, in Trump v. Cook upheld Federal Reserve Governors’ for-cause protection from removal as consistent with the Constitution. The interim ruling allows Fed Governor Lisa Cook to remain in her position while litigation regarding her firing proceeds. (Opinion.) Cass Sunstein and Philip Hamburger discussed the implications of the Court’s decisions. (NYT.)
The Supreme Court upheld on Monday in Watson v. Republican National Committee a Mississippi law that allows officials to count absentee ballots postmarked by Election Day that were received up to five days thereafter. (Opinion.) (NYT.)
The Supreme Court held on Monday in Chatrie v. United States that a so-called geofence search, whereby law enforcement analyze data from cell phones located near a crime scene, constitutes a search under the Fourth Amendment “because an individual has a reasonable expectation of privacy in his cell-phone location information.” (Opinion.) (NYT.)
The Supreme Court on Monday denied certiorari in President Trump’s appeal of a jury verdict finding him liable for sexually abusing and defaming E. Jean Carroll, keeping intact the jury’s $5 million judgement. (Order List.) (WSJ.)
Judge Jeannette A. Vargas (S.D.N.Y.) on Monday held that the Trump administration’s suspension of federal funding for a $16 billion rail tunnel under the Hudson River violated the Administrative Procedure Act. (Opinion and Order.) (NYT.)
Jameel Jaffer argued that the public has a First Amendment right to access special counsel Jack Smith’s report on the Justice Department’s investigation into Donald Trump’s mishandling of classified documents, which resulted in Trump’s indictment under the Espionage Act. (NYT.)