Alito Refuses to Recuse & NRA Wins Free Speech Case
Jun 4, 2024
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Constitutional law expert David Super discusses Justice Alito's controversial refusal to recuse. First Amendment expert Eugene Volokh talks about the Supreme Court ruling in favor of the NRA. Erin Bryan analyzes a Supreme Court ruling on Bank of America's escrow accounts. Hosted by June Grasso.
During Supreme Court arguments, Justices and Congressional Democrats discuss concerns over opening presidents to criminal prosecution, with Justice Samuel Alito standing out. Democrats asked Alito to recuse himself due to flags flown at his homes associated with the pro-Trump mob. Alito refused to recuse, sparking controversies.
Alito's Explanation on Upside-Down Flag at Home
Justice Alito's handling of flags outside his homes raised questions of impartiality, with the upside-down American flag linked to the 'Stop the Steal' movement and an 'Appeal to Heaven' flag flown outside his beach residence. Alito's denial of familiarity with the flag's meanings was seen as dubious, suggesting potential pre-commitment in January 6th cases.
Supreme Court's Ruling on NRA Lawsuit Against New York Official
The Supreme Court cleared the way for an NRA lawsuit against a former New York official over blacklisting claims. The decision centered on the First Amendment and government's selective suppression of speech, requiring officials not to use power to punish or suppress speech. The court sent the case back to the Second Circuit for further analysis on the federal statute interference with state laws.
Significance of the Supreme Court Decision on the NRA Lawsuit
The Supreme Court's decision in the NRA lawsuit signifies a reaffirmation of free speech principles and the need for nuanced analysis of potential coercion by the government. The outcome, while not a bright-line rule, sets a precedent for fact-specific inquiries into potential First Amendment violations. The ruling may influence future legal challenges involving state laws and national banks.
Implications of the Supreme Court's Decision for the OCC and Banks
The Supreme Court's decision on the NRA lawsuit has implications for the OCC and banks, emphasizing the importance of fact-specific evaluations in cases of federal preemption of state laws. Banks will need to continue monitoring compliance with state laws and potential preemption issues, while the decision prompts a closer examination of OCC's preemption rules by courts.
Professor David Super of Georgetown Law, an expert in constitutional law, discusses Justice Samuel Alito’s refusal to recuse himself despite the controversy over flags associated with the Jan 6th rioters, flown outside his homes. Professor Eugene Volokh of UCLA Law School, an expert in First Amendment Law and counsel of record for the NRA before the Supreme Court in a free speech case, discusses the court’s unanimous ruling in favor of the NRA. Erin Bryan, co-chair of the consumer financial services group at Dorsey & Whitney, discusses a Supreme Court ruling on whether the Bank of America must pay interest on New York mortgage borrowers’ escrow accounts. June Grasso hosts.