Dispatch from inside the courtroom β a pleased-looking Kelly stopped by to chat with us on his way out: talkingpointsmemo.com/news/judge-m...
03.02.2026 23:04 β π 120 π 36 π¬ 2 π 1@kateriga.bsky.social
Covering the Supreme Court etc at TPM & co-hosting the Josh Marshall Podcast; Philly-born Mystics diehard π΄ββοΈπββοΈCall me/beep me: kateriga.24/ kate@talkingpointsmemo.com πΈ Leah Miessler, Anna Moneymaker
Dispatch from inside the courtroom β a pleased-looking Kelly stopped by to chat with us on his way out: talkingpointsmemo.com/news/judge-m...
03.02.2026 23:04 β π 120 π 36 π¬ 2 π 1βYouβre asking me to do something that the Supreme Court has never done β thatβs a bit of a stretch, is it not?β Leon asked the DOJ. Trump admin trying to extend the diminished speech rights of active duty military to retirees β which Leon said chills "many, many" retired military beyond Kelly
03.02.2026 22:51 β π 140 π 29 π¬ 2 π 1Just got out: seems pretty clear Kelly will win. Judge Leon extremely skeptical about members of congress who are retired military not being able to criticize the pentagon. How could they serve on armed services committees, he asked - βhow are they able to do their jobs?β
03.02.2026 22:06 β π 279 π 60 π¬ 3 π 1Hello from DC district court where Mark Kelly is fighting Pete Hegsethβs attempt to go after his rank/retirement benefits. Hegseth targeted Kelly after he participated in a video advising members of the military that they canβt follow illegal orders. Kelly himself just arrived for the hearing
03.02.2026 20:47 β π 254 π 53 π¬ 5 π 0Sen. Ossoff tells me he hasn't learned anything more about the FBI's raid of the Fulton County election office yesterday. When I asked whether he expects to learn more soon, he quips that "it's not an administration known for its transparency"
29.01.2026 17:32 β π 120 π 27 π¬ 2 π 1βIt's critical right now that we divide the spending bills so that we can focus on ICE funding & make certain that we get restrictions in place so that ICE stops terrorizing our cities,β Sen Warren tells me. βThe details of what it will take to get that done are still in flux, but that is the goal.β
29.01.2026 17:28 β π 99 π 19 π¬ 6 π 4Adds that if Homan is "basically doing the duties of an ICE director or a DHS secretary," he should come before Congress β "he cannot hide behind being a White House official."
29.01.2026 17:24 β π 165 π 37 π¬ 2 π 2Sen. Andy Kim not won over by Trump's swapping of Bovino with Homan in Minneapolis: "Well, look, I mean this is a guy that allegedly took $50,000 in cash in a CAVA bag β he's not somebody that's high on my list of confidence," he told me.
29.01.2026 17:24 β π 521 π 122 π¬ 9 π 2βCould they do it consistent with their own apparent understanding of the scope of executive power and how the Constitution should be understood? No,β Shane said. βBut if the Court is willing to make up stuff about immunity, what else could it make it up? Thatβs whatβs so destabilizing about the Roberts court β it just makes shit up.β
Today's arguments over the Fed brought up this great quote Peter Shane gave me last year. Catch up on today's proceedings here: talkingpointsmemo.com/news/kavanau...
21.01.2026 17:56 β π 93 π 27 π¬ 2 π 1We're liveblogging these huge Fed Reserve SCOTUS arguments over at TPM βΒ Kavanaugh just said the Trump position would "weaken if not shatter the Independence of the Federal Reserve." Big, consequential, cut and dry assertion from him
21.01.2026 15:48 β π 95 π 14 π¬ 4 π 2Jackson bemoaned in a Wednesday dissent that the Courtβs majority had crafted a βbespokeβ doctrine allowing candidates to challenge voting laws with far more leeway than it had even been willing to give victims of law enforcement violence. talkingpointsmemo.com/news/jackson...
14.01.2026 16:26 β π 85 π 24 π¬ 1 π 1Somewhat atypical splits: Roberts writes for the majority; Barrett writes a concurring opinion, joined by Kagan; Jackson writes in dissent, joined by Sotomayor
14.01.2026 15:25 β π 15 π 1 π¬ 1 π 0One SCOTUS ruling today in case I've covered - Court says election denier Rep. Bost has standing to challenge Illinois' grace period for accepting mail ballots. Opens door to more candidate challenges - case made odd bedfellows, w/ ACLU/League of Women Voters/Judicial Watch on same (winning) side
14.01.2026 15:20 β π 29 π 8 π¬ 2 π 0Alito asks if female athletes who oppose trans women's participation are "bigots? Are they deluded in thinking that they are subjected to unfair competition?β Tuesday showcased the majority's growing radicalization on trans issues (in lockstep w/ the GOP's) talkingpointsmemo.com/news/alito-k...
13.01.2026 20:38 β π 37 π 10 π¬ 4 π 1The Supreme Court's right wing on Tuesday sounded amenable to preventing trans people from constitutionally challenging sports bans and beyond.
talkingpointsmemo.com/news/right-w...
Kavanaugh brings up the problem of Bostock: "If an employer said weβre gonna fire trans woman thatβs a violation" - but if a school says weβre not gonna let trans women play on women's teams, "you say thats fine." Roberts (part of Bostock majority) jumps in to say this case is different
13.01.2026 17:20 β π 11 π 1 π¬ 0 π 0Onto second, closely related case (West Virginia v. BPJ) - opening off with a bang as West Virginia Solicitor General Michael Williams says BPJ's challenge to the trans sports ban is a "backdoor attack on Title IX"
13.01.2026 17:06 β π 18 π 3 π¬ 1 π 0Kavanaugh taking a cue that he can just orate on anti-trans talking points now - rehashes the old chestnut that the success of women's sports is incredible, that the inclusion of trans women would "undermine that amazing success."
13.01.2026 16:39 β π 39 π 6 π¬ 6 π 3Alito has rhetorically departed the case to do a Fox News monologue - claims "many" cis women object strongly to trans women participating in sports. "Are they bigots? Are they deluded?" he asks
13.01.2026 16:35 β π 55 π 8 π¬ 9 π 6^Jackson asking why that matters: "If you are that one person and can show [the law] is unconstitutional as applied to you - I don't know why it matters that it's constitutional as applied to 99.9 percent of other people"
13.01.2026 15:55 β π 73 π 10 π¬ 1 π 1Common theme from Idaho SG and now US deputy solicitor general Hashim Mooppan - trans people are such a tiny minority that these bans are 'reasonably tailored' for '99 percent of men' so it doesnt have to worry about the trans women who have lowered their testosterone levels
13.01.2026 15:52 β π 34 π 8 π¬ 1 π 1Barrett asking whether Idaho could do the trans sports ban for 6 year olds - Hurst claims that the science is clear (it's not) that boys have an athletic advantage by that age, so Idaho's ban could apply to children that young
13.01.2026 15:40 β π 42 π 5 π¬ 2 π 2Sotomayor says Idaho is trying to "force an unwilling plaintiff" to keep prosecuting the case, no matter the negative scrutiny she said she can no longer bear. Idaho SG Hurst shrugs, says there's no background principle that a plaintiff "gets to leave at any point"
13.01.2026 15:35 β π 66 π 14 π¬ 4 π 1A lot of nastiness in today's attempt by Idaho and West Virginia to enforce bans on trans women participating in any level of women's sports at the Supreme Court - but particularly acute in the Idaho case, where the plaintiff has tried to drop the case, promising not to play on any women's team
13.01.2026 15:35 β π 104 π 23 π¬ 3 π 1βIt appears that never in our nationβs history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,β Kelly lawsuit said.Β Story/complaint here: talkingpointsmemo.com/news/kelly-s...
12.01.2026 19:23 β π 104 π 27 π¬ 0 π 0Sen Mark Kelly is suing Pete Hegseth in federal court after Hegseth directed the Navy to reconsider Kelly's rank/pay - "Defendantsβ actions violate numerous constitutional guarantees and have no basis in statute. They should proceed no further," complaint says
12.01.2026 18:47 β π 181 π 32 π¬ 4 π 2In major decision, the Wyoming Supreme Court knocked down 2 abortion bans today -- citing an anti-Obamacare amendment! The amendment was initially passed to protect people from ACA "threats" like "death panels." It's now an inadvertent shield for abortion rights talkingpointsmemo.com/news/anti-ob...
06.01.2026 20:26 β π 155 π 30 π¬ 2 π 3Marty Lederman's amicus brief did end up giving SCOTUS a way out on National Guard occupations. Risk now - does Trump invoke the Insurrection Act to deploy active duty military to blue cities? And if he does, will the Court stop him? talkingpointsmemo.com/news/supreme...
23.12.2025 21:40 β π 74 π 14 π¬ 1 π 1In a twist, it was Sen. Kennedy (R-LA) who forcefully grilled a Trump nominee today on his preachings about marriage not being "intended" for disabled people, "transgenderism & homosexuality" being "sexual perversions" & wives' obligation to serve their husbands talkingpointsmemo.com/news/kennedy...
17.12.2025 21:47 β π 181 π 58 π¬ 12 π 4Whatβs worse, Fetterman working harder to get a pardon for Netanyahu than healthcare for his own constituentsβ¦.or the fact that he did the Netanyahu letter in secret?
12.12.2025 16:04 β π 311 π 90 π¬ 16 π 9