Plus, could the Supreme Court overturn presidential immunity? |

From the legal reporting team at Deadline: White House with Nicolle Wallace

In this edition: A Supreme Court case may have boosted a Democratic Senate candidate; a reader asks if Trump could still be prosecuted; Senate Republicans rush to fill judicial openings; and more.

 

Jordan Rubin: Mississippi turning

Jordan Rubin: Mississippi turning

Welcome back, Deadline: Legal newsletter readers. When the Supreme Court decided Louisiana v. Callais in April, Justice Elena Kagan said in dissent that the case marked the “latest chapter in the majority’s now-completed demolition of the Voting Rights Act.” The ruling bolstered Republican efforts to reshape electoral maps in their quest to further cement political power.

Yet it also helped to galvanize Democrats in the midterm elections. It certainly motivated one of the most notable Democrats riding the “blue tsunami” to Washington: Mississippi’s Scott Colom. He cited Callais in an interview with MS NOW’s Symone Sanders Townsend after he defeated GOP incumbent Cindy Hyde-Smith for a Senate seat.

To understand the significance of Colom’s victory, consider my colleague Jarvis DeBerry’s observation that it was historic partly because “every Democrat the state previously sent to the Senate was some combination of slave owner, Confederate soldier or segregationist,” but even more so because Colom “is Black, and for the first time, voters in the Blackest state in the country have elected a Black person to a statewide office.”

In his interview with Sanders Townsend, Colom said that when Callais came out and Republicans started gerrymandering in Tennessee and threatening to do so in his state, he “knew that that was a threat to go backwards in a way that’s going to hurt a state like Mississippi.” Colom said that the threat prompted him to “start focusing and giving everything I got, being as creative as I could be, listening to the right people, staying in prayer, and just working hard.”

Read the rest of my roundup here.

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Ask Jordan

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“Could a future Supreme Court overturn the ruling that a president is immune for crimes committed while in office, and if they did, could Trump be prosecuted?” — Garret Swayne

Hi Garret,

The Supreme Court can overturn any ruling it wants to. That necessarily includes the 2024 presidential immunity decision in Trump v. United States.

Justice Sonia Sotomayor, who led the court’s three Democratic appointees in dissent in that case, said recently that she hopes it will be overturned in her lifetime.

At 72, the Obama appointee is the third-oldest justice behind GOP appointees Clarence Thomas, 78, and Samuel Alito, 76. Both Thomas and Alito are reportedly not retiring this year, which effectively would deny President Donald Trump and the outgoing Republican-led Senate a chance to confirm their successors.

After the Senate’s new Democratic majority is seated in January, it’s unclear when the GOP will next have simultaneous control of the White House and the Senate.

Read the rest of Jordan’s answer here.

Pop Quiz

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Which justice was the lone dissenter from this week’s ruling allowing border wall construction?

Scroll down for the answer.

A. Kagan

B. Jackson

C. Sotomayor

D. Roberts

Scroll down for the answer.

Top Stories

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Trump

LISA RUBIN AND PAULA REID

Trump rushes to fill judicial seats before Democrats take over

With just weeks remaining before the Senate changes hands, Senate Republicans are pulling out all the stops to confirm federal judges. Read more.

Arch

EBONY DAVIS

Kennedy family joins lawsuit challenging Trump’s arch over grave site concerns

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CAROL LEONNIG, PAULA REID, KEN DILANIAN AND CASEY GANNON

In a wave of DOJ departures, a call for ‘wartime’ to push Trump’s priorities

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Blumenthal

STEVE BENEN

Federal prosecutor issues unusual warning to Democratic senator over ballroom inquiry

“The Trump Administration is so afraid of transparency and oversight that they are weaponizing the Department of Justice,” the senator responded. Read more.

Habba

JORDAN RUBIN

Why Alina Habba Mildon faces law license scrutiny in New Jersey

The state’s attorney ethics office said the lawyer known for representing Donald Trump admitted to violating professional conduct rules. Read more.

Quiz answer: Jackson. The Biden appointee did not explain why she disagreed with the majority’s decision to clear the way for a Trump administration wall construction project along the U.S.-Mexico border. The high court reasoned that a federal judge in West Texas overstepped in granting a preliminary injunction for a river guide, an environmental nonprofit and a nonprofit dedicated to preserving a historic church. In typical fashion for such court notations, the opinion merely noted that Jackson “would deny the application” from the administration that her colleagues granted. Her lone dissent continues the junior justice’s streak of going it alone.

 

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