The Supreme Court delivered a series of major rulings with broad implications for President Donald Trump, executive power, and election law. The justices upheld mail ballots arriving after Election Day, expanded Trump’s firing authority of the Federal Trade Commission but not the Federal Reserve, and rejected his appeal in the E. Jean Carroll Case.
Congress returns to Washington this week as Republicans seize on new questions about the Democratic Party’s left flank, while facing their own internal standoff over Trump’s Save America Act.
A large number of events are planned for America’s 250th celebration on July 4th despite the heat wave. New York City is a place steeped in history dating back to the birth of the United States and is a top spot for this years festivities. NTD looks into what events are ‘a must-see’ for this July 4th weekend.
Welcome to NTD Evening News.
Our top story tonight, the Supreme Court hands down a series of major rulings.
The justices uphold mail-in ballots arriving after Election Day, expand President Trump's
firing authority over the FTC, and reject his appeal in the E. Jean Carroll case.
Meanwhile, the U.S. and Iran set to resume their talks after both sides clash over the
weekend.
What the White House is saying and how oil prices are reacting.
Over 45,000 people still missing after devastating twin earthquakes hit Venezuela.
Rescue teams are assisting, but a new video shows Venezuelan officials appearing to block
rescue efforts in one part of the country.
Jason Perry has the latest.
And DHS Secretary Mark Wayne Mullen says deportations are on track to hit a record high, surpassing
2025.
Jason Blair has more as Mullen enters 100 days in office.
Democratic Socialists looking to build on their primary momentum as House Republicans
face a new standoff over the Save America Act.
Chris Bobb has the latest from Capitol Hill.
And big events happening in New York City for the 4th of July and America's 250th.
Rockets flying through the air and ships sailing the seas.
Sean Marshall brings us more.
This is MTV Evening News, live from our global headquarters in New York City, here's Kerry
Dunst.
Good evening, thank you for joining us tonight.
The Supreme Court delivers a series of major rulings with broad implications for President
Trump, executive power, and election law.
NTV's Washington correspondent, Jack Bradley, has more.
Well, because of the mail-in ballot ruling, which was a little bit surprising, gives people
more time to vote illegally, let's say.
The Supreme Court ruling that mail-in ballots can be counted after Election Day, as long
as they're postmarked by Election Day.
The majority said that federal law only requires when voters cast their ballots, not when election
officials receive them.
18 states have similar laws.
California, for example, can continue accepting ballots for up to 7 days after Election Day,
and can continue counting them for up to 30 days.
Now Congress has the power to pass a law requiring ballots to be received by Election Day.
And President Trump is criticizing the ruling and calling on Congress to do just that, by
passing the Save America Act, which would require voter ID, proof of citizenship, and
sharply restrict mail-in voting to limited exceptions, like military deployment, disability,
or travel.
That was a ruling that was, I think it was very detrimental to honest elections.
The Supreme Court also issued two major rulings on presidential authority.
The justices ruled that President Trump acted within his constitutional authority when he
fired Federal Trade Commissioner Rebecca Slaughter.
The Slaughter case was the big case today, that was really a big case because it gave
strength to presidents and strength to the presidency.
The ruling overturns a landmark precedent that limits presidential power to remove a
The majority says that the FTC exercises executive authority, meaning its commissioners answer
to the president, and generally may be removed at will.
Should we expect more firings as a result of this ruling?
I don't think so.
It gives me the right, and not me, it gives a president the right to do what the president
should have, the right to do.
But the court reached a different conclusion involving the Federal Reserve.
The justices ruled that Fed Governor Lisa Cook wasn't given notice or an opportunity
Cook's accused of falsifying mortgage documents, allegations she denies.
The ruling was procedural.
The court did not say that President Trump can never remove a Federal Reserve Governor.
Instead, it held that Cook is entitled to due process while the case continues in lower
courts.
And the Supreme Court also declined to hear President Trump's appeal in the E. Jean Carroll
case.
The justices offered no explanation, leaving the lower court's judgment in place.
A 2023 jury verdict that found the president liable for battery and defamation against
the magazine columnist.
That means the $5 million civil award to Carroll stands.
Trump continues to deny these allegations, calling the case politically motivated and
lacking evidence.
Carroll's legal team says that the decision effectively ends the appeals process.
Jack Bradley, NTV News, Washington.
And President Trump says peace talks with Iran will resume tomorrow after new clashes
over the weekend.
He's also responding to new Supreme Court rulings on presidential powers and mail-in
ballots, as we just heard from Jack.
Joining us now live is NTD's White House correspondent, Iris Tao.
Good evening, Iris.
What's the latest out of the president?
Good evening to you as well, Kerry.
After over the weekend the U.S. and Iran again traded fire in the Strait of Hormuz, President
Trump on Monday announcing that per request from Iran, the U.S. and Iran will resume peace
talks in Doha on Tuesday.
The White House confirming that Special Envoy Steve Whitkoff and Derek Kirshner are now
heading into the region for high-level talks on a memorandum of understanding, while technical
talks will also happen on the sideline.
President Trump, meanwhile, today saying that those talks and the planning could be important
or they could not be important either, as the White House press secretary says that
either way, the U.S. wins.
Meeting in Doha is going to be perhaps important, perhaps not.
We're going to find out.
But we're winning militarily.
Either way, though, the United States of America wins.
If the peace process plays, this MOU continues, gas prices will continue to tumble.
We're seeing crude is lower than it was prior to the start.
In the United States of America has the best and strongest military in the world.
The president retains the right to use it.
It comes after the two sides resumed launching military strikes after Iran attacked two vessels
in the Strait of Hormuz last week.
The U.S. responded by hitting a number of military targets in Iran.
And Tehran then fired back by launching attacks on U.S. military sites in Kuwait and Bahrain.
On Sunday, the U.S. said the two sides would stop fighting for now.
Oil prices are way down.
We hit $69 today.
In other news, President Trump reacting to the latest Supreme Court rulings, hailing
a win that grants presidents more power to fire leaders of government agencies and commissions.
The president has the right to do this, and that has to do with a lot of agencies all
throughout the system.
President Trump also again urges Congress to pass the Safe America Act.
Thus, as the Supreme Court decides in another case to allow counting of mail-in ballots
that arrive late.
It was a ruling that was, I think it was very detrimental to honest elections.
How do you vote against Safe America?
How do you vote against it?
How do you vote against voter identification or proof of citizenship?
The only people that would vote against that are people that are going to cheat in an election.
And as the president criticizes the four Republican senators who are not willing to vote yes on
the Safe America Act, he admits that the act might not eventually pass due to the current
opposition.
In other news, a president signing a presidential memorandum on Monday in the Oval Office aimed
at making it easier for Americans to prepare their own cards with third-party cards.
Back to you.
And Iris, the president today again sounding the alarm on communism.
Tell us more about that.
Sure.
So the president today in response to a question about whether or not he's worried about Socialist,
Democratic Socialist candidates winning in New York primaries.
He says that that's the most dangerous threat facing America today.
Here's his response.
Watch.
They use the word Social Democrat because it sounds so nice, but it's really communism
you're talking about.
I think it's the biggest threat to our nation.
There is maybe since our founding that includes World War One, World War Two, September 11th.
It includes the Pearl Harbor attack.
I think this is the biggest threat to our nation.
The president has been stepping up his criticism on communism in recent weeks.
He previously told NTD that while communist candidates or communism proposes things like
free food, free housing, and free everything, 100 percent of the time, he says, it leads
to nothing but only death, destruction, and squalor.
Back to you.
Thank you, Iris.
And how will the Supreme Court ruling on mail-in ballots impact the midterms?
And why does the president need the power to fire people working under his authority?
Legal analysis tonight on Capitol Report.
Tune in at 7 p.m. Eastern, just after evening news.
Next, Secretary of Homeland Security Mark Wayne Mullen will hit 100 days in office on
Wednesday.
He says ICE is on track to surpass last year's deportation numbers by the end of August.
And if you corresponded, Jason Blair has more on that.
DHS Secretary Mark Wayne Mullen says 2026 deportation numbers are set to hit record
highs and surpass last year's in about six to eight weeks.
I'd say probably within the next six weeks, we'll probably pass what we deported all of
25, what we're going to do in 26, maybe two months.
Mullen says there's been an influx of crossing attempts at the northern border, most of which,
he says, are from Iran.
We're seeing three or four a week, which isn't a huge influx, but it's still three or four
that we're having to keep from getting in this country.
We're working with a minister there, my counterpart in Canada, to really try shoring that up.
They don't want this activity in their country either.
The secretary says missing immigrant children are still a big priority for the department.
He says they're still working on locating 300,000 missing kids.
We've located over 147,000 now, and not all of them have been in great condition.
We've had some of the most horrific stories you can think of.
Lance Shroyer was nominated by President Trump over the weekend to be the director of ICE.
Shroyer has about three decades of law enforcement experience in Oklahoma.
Mullen says he's the right person for the job.
He's going to bring in professionalism, he's going to bring in structure, he's going to
put in our standard operating procedures, and he's also going to be somebody that's
going to be able to do it.
Shroyer's next step is to be confirmed by the U.S. Senate before he can officially be
appointed.
That hearing is not scheduled yet, but is expected to happen towards the end of July.
Reporting in Washington, D.C., Jason Blair, NTD News.
And Congress returns to Washington this week as Republicans seize on new questions about
the Democratic Party's left flank while facing their own internal standoff over President
Trump's Save America Act.
NTD's Chris Baugh brings us more on that.
Kind of getting sick and tired of these Democrats getting by with claiming they're moderates.
And they're disgusted that these communist folks are being elected to Congress and the
Democrat Party.
Now they're claiming all this, all this false outrage about these leftists.
They're going to move to the left.
Their leadership will move to the left because they care more about being in leadership than
they do about our country.
Last week's Democratic primary victories in New York are fueling a new debate over the
party's direction, with Republicans arguing socialist candidates are gaining influence
inside the Democratic Party.
The Democratic Socialists of America are now hoping to build on those victories in Colorado,
where Democratic Socialist Milad Quiroz is challenging three-decade incumbent Representative
Diana DeGette in Tuesday's Democratic primary.
These issues are popular with the voters of Denver, right?
In fact, socialism is more popular than capitalism for voters of this city.
What we're fighting for is to extend that kind of guarantee and that security into our
health care, into our housing, into our child care and our elder care.
Political analysts say the race reflects broader dissatisfaction among some Democratic
voters with the party establishment.
I think that shift is a part of generally anti-establishment.
The traditional Democratic Party in stances and positions haven't really met the needs
and desires of the core Democratic constituency.
So they're looking for something else.
But supporters of DeGette say experience still matters.
We need somebody who has the experience and knows how to deal with Congress now.
And we can't wait for somebody else to run.
The renewed focus on the party's left flank comes after CNN reported newly elected Democratic
Congressional nominee Daryliza Avila Chevalier had operated a now-deleted social media account
containing favorable references to communism, Marxism, Vladimir Lenin and other communist
figures, along with earlier posts calling to abolish police, prisons and borders.
Chevalier has previously said she has grown since writing the posts and is focused on
serving her community.
Pennsylvania Democratic Senator John Fetterman reacted on social media, writing, quote,
Will Democrats continue to defend Chevalier or pretend, oh, I wasn't really paying attention?
Meanwhile, House Republicans return to Washington, facing another showdown of their own.
Leadership does not currently expect to allow Representative Annapolina Luna's amendments,
adding the Save America Act to this year's National Defense Authorization Act.
Luna has warned she'll vote against the procedural rule if her amendment isn't made in order,
threatening another week of legislative gridlock.
At the same time, President Trump now has the bipartisan housing bill on his desk, after
previously warning he would not sign legislation until Republicans advance the Save America
Act.
If he neither signs nor vetoes the bill, it would automatically become law in about 10
days.
Chris Bobb, NTD News.
And Colorado's Supreme Court has rejected new ballot measures that would have redrawn
the state's congressional maps for 2028 and 2030.
The seven justices ruling unanimously against the effort.
Democrats had attempted to redraw Colorado's maps amid a nationwide redistricting effort
that was undertaken by both parties.
A proposed constitutional amendment would have paused the state's independent redistricting
commission.
The proposal would also have implemented the Democrat favoring map for 2028 and 2030.
However, the Colorado justices ruled that the proposed amendment violated the state's
constitution's single-subject requirement.
Now Colorado's U.S. House of Representatives delegation is evenly split.
It's represented by four Democrats and four Republicans.
However, Democrats do occupy both of Colorado's U.S. Senate seats.
And an oppressive heat dome is set to hover over the eastern portion of the U.S. this
week as Americans are preparing to celebrate the Fourth of July.
Holiday traditions have already been disrupted amid fires in the West, and now the threat
of blistering heat could impact holiday plans for many in the Northeast.
Here's more on the weather.
Millions of Americans Monday are bracing for a scorching week.
As days of blistering heat and humidity are expected to fall over the eastern half of
the U.S. and stick around for the holiday weekend.
We have an extreme heat warning that we've issued that goes into effect today.
We have three consecutive days where it reaches 100 to 105 or potentially greater.
The heat index value overnight will probably only dip below the 90 degree mark for six
to maybe eight hours overnight.
Major cities like New York, Washington, Atlanta and Nashville could see feels like temperatures
at and above 100 degrees starting Monday through the Fourth of July.
Officials are urging caution as people prepare for a weekend of celebrations outdoors where
they could be exposed to the dangerous heat for longer periods of time.
Self-awareness is huge when it comes to knowing when to call 9-1-1 or not.
You know, if you don't feel comfortable getting yourself up to a hospital, by all means, we're
here to serve the community.
So call us.
Meanwhile, authorities in several western states have banned or limited fireworks for
the holiday due to ongoing wildfires.
This man in the Lake County, Colorado area described watching a fire blaze from across
a lake.
We figured we'd pack up and then we got a text, emergency evacuation, so packed up less
than an hour later.
Fastest pack up ever.
Tens of thousands of people are still unaccounted for in Venezuela after devastating twin earthquakes
hit the country.
Rescue teams are assisting, but now a new video shows Venezuelan officials appearing
to block rescue efforts in one part of the country.
NTD's Jason Perry brings us more.
Survivors of the devastating twin earthquakes in Venezuela were seen sheltering in makeshift
tents on Monday as they deal with the aftermath.
According to a Venezuelan website that tracks people missing in the earthquake, around 45,000
people are still unaccounted for.
God lifted me up, gave me the strength to get up, to get my family out of there, and
to help others who were there as well.
But unfortunately, my daughter wasn't with me.
She was in Tower 27.
As of Monday afternoon, the death toll is over 1,450 people as rescue teams continue
searching through damaged and unstable buildings, an aftershock causing these rescue workers
to scramble, as authorities have reported more than 430 aftershocks.
But rescue efforts continue in the dangerous conditions.
Also on Monday, a man who had been buried in the rubble since Friday was found alive.
Interim Venezuelan President, Delce Rodriguez, posted on social media that the man had been
trapped in the rubble for 106 hours.
And Venezuelan opposition leader, Maria Carina Machado, saying on Monday that she plans to
return to the country to be with the Venezuelan people during the difficult time.
That will be her first time back since she left secretly last year to receive the Nobel
Peace Prize.
Also on Monday, the U.S. releasing footage of a disaster assistance response team that
arrived in Venezuela over the weekend.
According to the U.S. Embassy in Caracas, experts on the team will be providing operational
leadership and coordinating between U.S. responders and local authorities on the ground.
But a video posted on X by Cheo0607 appears to show Venezuelan Interior Minister, Diosdado
Cabello Rondon, preventing rescue workers from entering a certain area.
Rondon has not commented on the video, but social media users are pointing out that Rondon
is currently wanted by the United States with a $25 million reward for information leading
to his arrest.
He's accused of narco-terrorism, cocaine importation conspiracy, and conspiracy to use and carry
machine guns and destructive devices in furtherance of a drug crime.
Other countries, such as Spain and Turkey, have also deployed teams to Venezuela to help
with disaster response efforts.
Venezuela says it has received help from 24 countries, which have sent more than 500 tons
of supplies and more than 2,700 rescue and support personnel.
Jason Perry, NTD News.
Coming up, three firefighters were killed while battling wildfires near the Colorado
Utah border over the weekend.
Officials announced they were part of a specialized crew responding to the fast-growing fires.
Christina Corona reports.
And big events happening in New York City for the 4th of July and America's 250th.
Rockets flying through the air and ships sailing the seas.
Sean Marshall brings us more.
250 years of freedom will be brought to life in our nation's capital with musical performances,
tributes to American heroes, and a massive fireworks show you don't want to miss.
Join NTD this Independence Day for our coverage of Freedom 250's Salute to America to celebrate
America 250.
July 4th at 7 p.m. Eastern on NTD News.
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Welcome back to NTD Evening News, I'm Cary Dunst.
Federal officials have identified the three firefighters who were killed
while battling the wildfires near the Colorado-Utah border over the weekend.
Authorities say the crew tried to shield themselves
by deploying emergency fire shelters before they were overcome by the flames.
NTD's Christina Corona has more.
Three firefighters were killed while battling wildfires
near the Colorado-Utah border over the weekend.
Officials say the crew was responding to the knolls and gore fires
when rapid-changing fire conditions trapped them.
As the flames closed in,
officials said the firefighters tried to shield themselves
by developing emergency fire shelters,
but they were overcome by the fire.
Federal officials identified the victims
as 38-year-old Emily Barker of Michigan,
27-year-old Nick Hutcherson of Arizona,
and 26-year-old Sydney Watson of Alabama.
Officials say the firefighters were part of a specialized crew
that quickly responds to remote wildfires
before they can grow out of control.
They were also part of an interagency response
Two other firefighters were injured.
The knolls and gore fires have since merged
into what's now known as the Snyder-Mesa fire,
which has burned more than 28,000 acres near the Colorado-Utah border.
The tragedy comes as wildfire danger continues to grow across the West.
More than two dozen large fires are burning,
with thousands of firefighters deployed across the region.
Christina Corona, NTD News.
After losing billions in recalls since 2024,
Ford Motor Company is now number one in a recent quality survey.
The company says it has rehired experienced engineers
to train ineffective AI tools.
NTD's David Lam has more on that.
Ford Motor Company has been hiring veteran engineers
for their human experience.
Over the last three years, Ford has hired 350 engineers,
referred to as greybeards internally,
which comprise both former employees and workers from its suppliers.
Their job is to help train staff
and reprogram artificial intelligence tools that are ineffective.
Charles Poon, one of Ford's vice presidents, says
artificial intelligence is a fantastic tool,
but it's only as good as the information you use to train it.
By mid-2024, product recalls were costing Ford
almost $5 billion per year.
The VP says the company didn't pay as much attention
as they should have to the experience of their engineers
who have been through many product cycles.
But since the company's efforts to improve quality control,
Ford now ranks number one among mainstream brands
in the JD Power 2026 initial quality survey
for the first time since 2010.
Ford says the engineers act as auditors,
reviewing designs each week
and eliminating potential failure points
before blueprints reach the factory floor.
David Lam, NTD News.
And New York City is a place, of course,
steeped in history dating back to the birth of the U.S.
And a number of big events have been planned
for America's 250th celebration on July 4th.
NTD's Sean Marshall has more on that.
New York City is one of the top places to be this 4th of July
for America's 250th anniversary celebration.
Many of the city's annual events have been dialed up
to illuminate the signing of the Declaration of Independence.
The bipartisan America 250 organization
has announced a national supporting partnership
with Sailforth 250.
They are organizing a 30-nation
international tall ship extravaganza
in New York on July 4th, 2026.
In conjunction with the U.S. Navy,
the events will include the largest ever
international naval review
and a multi-nation aerial review
featuring the Navy's Blue Angels in New York.
The traditional celebration of Fleet Week,
where active-duty maritime soldiers
visit the Big Apple, has been pushed back
six weeks to coincide with America's
semi-quincentennial.
Members of the U.S. Navy, Marine Corps,
and Coast Guard will dock
in New York Harbor on July 3rd
and stay through July 8th.
Macy's is also having their annual fireworks show.
Today we're out here at the desert.
It's our pyrotesting day.
It's our opportunity to test
all of our brand new shells and effects
for our 50th Macy's 4th of July fireworks.
We're going to have a couple of rounds
of testing from our bridge pyrotechnics
to some of our aerial new effects.
It's our opportunity just to see everything
in real life, do our final tests and tweaks,
and get ready for the 4th of July.
They're promising to illuminate
New York City's iconic skyline
with a kaleidoscope of color
as it celebrates its own 50th anniversary.
Here we have over 85,000 shells and effects.
It's going to be a variety of pyrotechnics
coming off of the Brooklyn Bridge.
Our six barges on the east side and on the west side.
We also have a brand new
fantastic light show
that's going to illuminate the Brooklyn Bridge
in a way that's never been done before.
Also, be sure to check out
America250.org
for events around the United States
and virtual experience options.
Sean Marshall, NTD News.
And coming up, the Supreme Court had a busy day
issuing rulings and deciding whether
to hear consequential cases.
We're going to speak with attorney Zach Smith
for analysis.
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You see certain things get reincarnated
in your children.
My daughter is very much inspired
by my wife's artistic pursuits.
So my daughter started making
necklaces. She makes what we call
affirmation fashion.
I tell her every day that
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Your black is beautiful.
And if there's anything better than being
beautiful, it's being smart.
If there's anything better than being smart,
it's being kind.
And reaffirming
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of making sure her chin never drops.
My dad wasn't around
and I remember riding a bike
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and me never just wanting to get back on it.
People ask, how your children
learn how to ride a bike? And you did.
I didn't teach them.
I just created an environment where they taught themselves
and all I had to do was be there.
Here you go. Thank you.
Thank you.
Welcome back to NTT Evening News.
I'm Kerry Dunst. The Supreme Court
had a busy day. They issued rulings
and also decided whether to
hear consequential cases. Joining
us tonight to unpack it all is Zach
Smith. He's a senior legal fellow
and manager of the Supreme Court and Appellate
Advocacy Program in the
Institute for Constitutional Government at the
Heritage Foundation. Zach,
let's start with the two election-related decisions.
The justices ruled 5-4
that it is acceptable
to accept mail-in ballots after Election
Day, and they also agreed to hear a case
on whether states can remove
non-citizens from the voter rolls
in the lead-up to an election within
90 days. Can you break those two cases
down? Yeah, well, obviously
in the latter case, that'll be next
term. We still have to go through full briefing
and arguments in that case, so I'm
sure we'll hear more about that
case in the fall. Now, in terms of
the decision that the justices issued
today in Watson versus RNC,
this was a very unfortunate
decision, I think. Essentially
what the justices were being asked to decide
is whether in a law passed
by Congress requiring that
federal elections occur on a single day,
whether Election Day really
means a single day.
And what the justices decided in this
decision, more or less, is that it does
not. And so now Mississippi
can continue receiving and counting
absentee ballots up to five business
days after Election Day.
But what's even more egregious
is that other states have
much longer periods of time. Some states
allow for ballots to be received and counted
up to 14 days after Election Day.
Some states even push that out
as far as 21 days, three
weeks after Election Day, to receive
and count ballots. So this
is a very unfortunate decision, and I think
it really highlights, by passing
the Save America Act with
common sense election integrity
reforms, why that is so crucial
in this aftermath.
Yeah, and of course President Trump beating the
drum for the Save America Act
to close some of those loopholes and
allow the legislation to be
much less gray, as you pointed
out. An unfortunate
interpretation of a single word, and
of course the judges split 5-4. Let's move
on to executive powers. The
justices agreed that the president
can fire an FTC commissioner,
but cannot fire a board member
of the Federal Reserve. Can you
help us understand why that's
not a contradiction?
Well, these cases are a little difficult
to reconcile, and I think you even saw Justice
Barrett pointing that out in one of her
separate opinions today. But essentially
what the court decided in the
Slaughter case, Slaughter vs. Trump, is
that the president does have the
constitutional authority, under
Article II of the Constitution, to fire
members of so-called
independent agencies, like
the Federal Trade Commission, the FTC.
And so while the court
decided that in the Slaughter case,
in the Cook case, which
did have a slightly different procedural posture,
the issues were slightly different, but
in that case, the court said at least
for now, the president cannot
remove Elisa Cook from her position
on the Federal Reserve's Board of Governors.
Now, there are a few important
distinctions. In the Cook case,
Elisa Cook, the president, were
primarily litigating over statutory
issues. What is the statute
concerning in governing the Federal Reserve?
What do the four calls removal
provisions in that specific statute
mean? In the Slaughter case
involving the FTC, they were
primarily litigating constitutional
issues. What does Article II of the Constitution
require? So that's one difference.
Another difference is that in the Cook
case, this is in a preliminary
posture, meaning that there's still going to be
further litigation on the merits of the
case. Basically, the dispute
in this case was whether Elisa Cook
can keep her job while the
president is litigating her case
in the lower federal courts. And so
what the court said today is that yes,
she can, but Justice
Brett Kavanaugh, Justice Clarence Thomas,
and others wrote about some of
those other corollary issues
circling in this case as well.
Yeah, it seems like
on its face a contradiction, but as
you break it down, you can see where the nuance
lies. I do want to move
to this data privacy case. This
was fascinating. If you're interested in technology
and how that applies
to the law as, of
course, technology constantly evolving,
the Supreme Court ruled in a
bank robbery suspect
case that the suspect's
cell phone location data
is protected by the Constitution.
Could you break that one down?
And were you surprised by that?
Yeah, I talked about this on some of my social media
channels at ZaconLaw.
I went into depth in this case, but essentially
this case involved what is known as
geofence warrants, where the government
can ask Google or other
big tech providers to tell them
everyone who is at a particular
location at a particular time
based on the information that the user's cell
phone was providing to Google or
Meta or Apple or whatever other tech
provider is out there. And there
are a couple of issues in this case. One, the
government said that because of the way these companies
kept and stored the data, that
no search even occurred.
And that even if a search did occur,
they were sufficiently
particular to comport with the
Fourth Amendment. And so what the
justices decided today, in an opinion
by Justice Elena Kagan, the court
said that, yes, a search did
occur, meaning that there will need
to be a warrant or an exception
to the warrant requirement in order
for the search to be valid. And the court
said, we're going to send it back to the lower
federal courts to deal with these other issues
about particularity, whether
other warrant requirements have
indeed been met. Yeah, I'd like
to spend another beat on this one, because
it really is fascinating. At issue,
I believe, is
is the data part of
your personal property?
That is what the Fourth
Amendment essentially is protecting. Is that correct?
Well, the Fourth Amendment
protects property, papers,
certain other interests that we
citizens have. So that's part of the issue. When you
turn over this data voluntarily to
a third party like Google,
do you have a reasonable expectation
of privacy? That's the governing test the Supreme
Court has used for Fourth Amendment cases
for many years now. And so
that was one type of dispute
that was happening. The other
interesting dispute that was happening, and Justice
Samuel Alito highlighted this during
oral arguments and again in his
separate writing today, is that
largely this specific case
may in fact be moot.
Because after this issue of geofence
warrants came up, after the government
started requesting this type of information,
Google actually changed its
practices and stopped storing a
lot of this location-specific data
in the cloud, started saving it locally
on users' devices, which as
a practical matter means that
a lot of the issues in this
chattery case may no longer
be live because of changes in practice
that Google has in.
And I want to just ask a follow-up here
because it really is fascinating. This was of course
a bank robbery.
Certainly not a victimless
crime, but also not,
I don't believe in this case, a violent
crime. But in the case of something
much more violent or heinous,
are there methods
after this decision for
law enforcement to be able to use
this geofencing
data to establish who
might be the perpetrator?
Well, I think many bank robbery victims,
they may disagree with me that bank robbery
is not a violent crime. It certainly
can be. But this actually came up
in oral arguments. If there
are exigent circumstances, which can
be an exception to the warrant requirement,
law enforcement would still likely be able to
avail themselves of this type of information.
Say they're looking for a missing child,
they're doing kidnapping, something like that.
This type of information may still be available.
And what's really going to be interesting
and very important to watch is what
the lower federal courts do
now that this case has been sent back
down to them. Kind of the
threshold issue that the government was
arguing about and that the court addressed today
was, was this even a search? Because if
there is no search, the warrant requirement
does not apply.
But since the court said there's a search,
now we have to get into whether these geofence
warrants are in fact valid.
Do they look like general warrants,
which were hated during the Revolutionary
War period, which were one of the reasons
the colonists rebelled against Great Britain?
Or are they sufficiently
specific, in particular, past
constitutional muster? Well,
technology law, such an interesting and emerging
field. I do want to go on to medical
freedom. I was a bit surprised by this one.
The justices were one
vote short of accepting
a case from health care workers in New
York who were denied religious
exemptions from their employer's
COVID-19 vaccine mandate.
That, of course, implemented
by Kathy Hochul. What
happened here? And are you surprised that
they didn't take on the case?
Well, I haven't had a chance to look closely at the
orders list today. I've been talking mostly
about the decisions the Supreme Court issued.
But look, religious liberty is
a very important issue that the
justices routinely
take up. Keep in mind, it only
takes four justices to agree
to hear a case. And so we
don't necessarily know why justices
take or don't take cases unless they write
separately to explain
their rationale. So I look forward
to seeing what the justices who
wrote the case