Hello! Welcome to another edition of the Deadline: Legal newsletter.
The Supreme Court continues its rightward march toward the end of another terrible term. On Thursday, the Republican-appointed majority struck another blow against the environment under dubious legal pretenses. Led by Justice Samuel Alito, the majority in Sackett v. EPA invented a new reading of the Clean Water Act that gives less environmental protection than Congress envisioned (so much for conservative textualism). As MSNBC columnist Jessica Levinson explains, Alito & co.'s contorted reading of the law was so off-base that even Brett Kavanaugh joined the three Democratic appointees to point out that the majority's opinion didn't make sense. The decision, Justice Elena Kagan observed, continues the majority's trend of bucking the law to obliterate environmental protections on behalf of businesses and property owners.
Given Thursday's decisions, the term's monumental ruling on voting rights will likely be written by one of two justices — and neither bodes well for elections. To understand how we can narrow this down, here's a trick to watching the court's rulings unfold.
And the court kept making bad news outside of its rulings. In the Clarence Thomas ethics scandal, his billionaire benefactor Harlan Crow basically told the Senate Judiciary Committee to buzz off. He's practically begging for a subpoena, which the committee should issue now that committee member Sen. Dianne Feinstein, D-Calif., is back in Washington to give her party a working majority. One of her colleagues, Sen. Sheldon Whitehouse, D-R.I., told Nicolle this week they're "committed to trying to get to the bottom of this." Time (and subpoenas) will tell.
Read more of Jordan Rubin's analysis in Deadline: Legal Blog
Speaking of accountability, Oath Keepers founder Stewart Rhodes on Thursday became the first Jan. 6 defendant sentenced for seditious conspiracy. Rhodes, one of the far-right extremists who led the attempt to thwart the peaceful transfer of power from Donald Trump to Joe Biden, was sentenced to 18 years in federal prison, the longest term yet for a Jan. 6 defendant. Trump, of course, has vowed to pardon people convicted in connection with the violent insurrection if he's re-elected. In the meantime, Rhodes' lengthy penalty could be a painful foreshadow for the former and potential future president, as Justice Department special counsel Jack Smith reportedly nears a charging decision, at least when it comes to the Mar-a-Lago documents probe, one of two Trump investigations he's overseeing — the other centering on Jan. 6. My colleague Hayes Brown highlighted the key evidence Smith reportedly obtained in the documents case to bolster a possible obstruction charge.
The judge in Trump's Manhattan hush money case this week warned the former president about the protective order setting limits on his access to and use of sensitive discovery evidence ahead of trial next year. My colleague Lisa Rubin, who was in the courtroom, told Nicolle the judge had informed Trump that he could face a variety of consequences, including criminal contempt, if he violates the order. The trial is set for March 2024 in New York. That's a long time to have to follow rules for someone who isn't a big Rules Guy.
The 2024 Republican presidential primary race kicked into high gear this week, with two more contenders — Sen. Tim Scott of South Carolina and Florida Gov. Ron DeSantis — joining what's sure to be an incredibly toxic contest. Don't let DeSantis' disastrous campaign launch distract you from the truly disastrous run he's had as governor so far. The extreme bills he's signed into law restricting abortion, voting access and LBGTQ rights predict the national nightmare of a President DeSantis.
