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Anonymous ID: a6102b June 20, 2024, 7:24 a.m. No.21054935   🗄️.is 🔗kun   >>5022

SCotUS Today

  1. Moore v US (Kavanaugh, 7-2)

Thomas and Gorsuch dissent.

Whether a provision of the 2017 Tax Cuts and Jobs Act known as the “mandatory repatriation tax,” which required U.S. taxpayers who owned shares in foreign corporations to pay a one-time tax on their share of the corporation’s earnings, violates the Constitution. Court affirms 9th District ruling that it does not. Thomas's dissent argues that "Sixteenth Amendment 'incomes' include only income realized by the taxpayer."

https://www.supremecourt.gov/opinions/23pdf/22-800_jg6o.pdf

 

  1. Chiaverini v. City of Napoleon (Kagan, 6-3)

Thomas, Alito, Gorsuch dissent

Whether a claim for malicious prosecution can proceed for a baseless criminal charge, even if there was probable cause for prosecutors to bring other criminal charges.

Thomas dissents to reiterate his belief that "a malicious prosecution claim cannot be based on the Fourth Amendment" and would uphold the dismissal of Chiaverini's claim.

https://www.supremecourt.gov/opinions/23pdf/23-50_n648.pdf

 

  1. Diaz v. US (Thomas, 6-3)

Gorsuch, Sotomayor, Kagan dissent.

Whether prosecutors in a drug-trafficking case can call a government witness to provide expert testimony to rebut a defendant’s contention that she did not know that she was carrying drugs. It is a victory for the federal prosecutors, as the court upholds the ruling in the government's favor. 9th Circuit upheld again.

https://www.supremecourt.gov/opinions/23pdf/23-14_d1o2.pdf

 

  1. Gonzalez v. Trevino (CJ Roberts, 8-1)

Thomas dissents.

The question comes to the court in the case of a 76-year-old Texas woman who was arrested after she – accidentally, she claims – picked up a petition that she had initiated and placed it in her binder after a long meeting. She was charged with violating a state law that prohibits tampering with government records.

https://www.supremecourt.gov/opinions/23pdf/22-1025_1a72.pdf