U.S. Supreme Court Notebook

High court won’t hear Nevada church’s COVID-19 case


RENO, Nev. (AP) — The U.S. Supreme Court refused a rural Nevada church’s request Monday to step into a legal battle over the government’s authority to limit the size of religious gatherings amid the COVID-19 pandemic even after the church won an appeals court ruling last month that found Nevada’s restrictions unconstitutional.

Attorneys general from 19 other states had recently joined in support of Calvary Chapel Dayton Valley east of Reno. They were urging the Supreme Court to rule on the merits of the Nevada case to help bring uniformity to various standards courts across the country have used to balance the interests of public safety and freedom of religion.

The Supreme Court rejected the church’s request for an emergency injunction last summer.

The church’s latest plea for relief was in the form of a petition for a review of the case on its merits despite the recent ruling by the 9th Circuit and ongoing litigation in district court. Such petitions are rare and their approval is even rarer, even though they require approval by only four justices.

Nevada Attorney General Aaron Ford argued the justices should let the federal court in Reno sort out the details before taking the extraordinary step of wading into the case.

 

Court ends Trump emoluments lawsuits
 

WASHINGTON (AP) — The Supreme Court on Monday brought an end to lawsuits over whether Donald Trump illegally profited off his presidency.

The justices threw out Trump’s challenge to lower court rulings that had allowed lawsuits to go forward alleging that he violated the Constitution’s emoluments clause by accepting payments from foreign and domestic officials who stay at the Trump International Hotel and patronize other businesses owned by the former president and his family.

The high court also ordered the lower court rulings thrown out as well and directed appeals courts in New York and Richmond, Virginia, to dismiss the suits as moot now that Trump is no longer in office.

The outcome leaves no judicial opinions on the books in an area of the law that has been rarely explored in U.S. history.

The cases involved suits filed by Maryland and the District of Columbia, and high-end restaurants and hotels in New York and Washington, D.C., that “found themselves in the unenviable position of having to compete with businesses owned by the President of the United States.”

The suits sought financial records showing how much state and foreign governments have paid the Trump Organization to stay and eat at Trump-owned properties.

 

Court won’t take up Sheldon Silver’s case
 

WASHINGTON (AP) — The Supreme Court declined Monday to take up the case of former New York Assembly Speaker Sheldon Silver, who is serving a 6 1/2-year prison sentence after being convicted in a corruption case.

The high court’s decision not to hear Silver’s appeal is another sharp blow to the Manhattan Democrat, who was once one of the three most powerful state officials.

Silver was ousted as speaker in 2015 and was convicted later that year. His original conviction was overturned on appeal, but he was convicted again in 2018. Part of that conviction was then tossed out on another appeal, leading to yet another sentencing in July.

Silver, 76, began serving his sentence in August.

In the part of the case that survived the appeal process, Silver was convicted in a scheme that involved favors and business traded between two real estate developers and a law firm. Silver supported legislation that benefited the developers. The developers then referred certain tax business to a law firm that paid Silver fees.

Two justices, Neil Gorsuch and Clarence Thomas, said they would have heard Silver’s case.

Earlier this month, The New York Times reported that President Donald Trump was considering clemency for Silver, but ultimately no pardon or sentence reduction was granted.

Silver has been serving time at the federal prison in Otisville, about 80 miles (130 kilometers) from New York City.

Before his conviction, Silver was a giant in New York politics.

First elected to the Assembly in 1977, he became speaker in 1994, holding that position for more than two decades. For nearly half that time, during the administration of Republican Gov. George Pataki, he was the most powerful Democrat in the state.

Silver’s lawyers had asked the court to consider allowing him to serve his sentence at home because of the risk of contracting COVID-19 and dying in prison. But District Judge Valerie Caproni said issuing a sentence without prison time was inappropriate because Silver was guilty of “corruption, pure and simple.”