U.S. Supreme Court Notebook

Supreme Court rejects challenge to limits on church services


WASHINGTON (AP) — A divided Supreme Court on Friday rejected an emergency appeal by a California church that challenged state limits on attendance at worship services that have been imposed to contain the spread of the coronavirus.

Over the dissent of the four more conservative justices, Chief Justice John Roberts joined the court’s four liberals in turning away a request from the South Bay United Pentecostal Church in Chula Vista, California, in the San Diego area.

The church argued that limits on how many people can attend their services violate constitutional guarantees of religious freedom and had been seeking an order in time for services on Sunday. The church said it has crowds of 200 to 300 people for its services.

Roberts wrote in brief opinion that the restriction allowing churches to reopen at 25% of their capacity, with no more than 100 worshipers at a time, “appear consistent” with the First Amendment. Roberts said similar or more severe limits apply to concerts, movies and sporting events “where large groups of people gather in close proximity for extended periods of time.”

Justice Brett Kavanaugh wrote in dissent that the restriction “discriminates against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment.” Kavanaugh pointed to supermarkets, restaurants, hair salons, cannabis dispensaries and other businesses that are not subject to the same restrictions.

Lower courts in California had previously turned down the churches’ requests.

The court also rejected an appeal from two churches in the Chicago area that objected to Gov. Jay Pritzker’s limit of 10 worshipers at religious services. Before the court acted, Pritzker modified the restrictions to allow for up to 100 people at a time. There were no recorded dissents.

 

High court declines to take Bernard Madoff trustee case
 

WASHINGTON (AP) — The Supreme Court is leaving in place a ruling that allows the trustee recovering money for investors in the Bernard Madoff Ponzi scheme to pursue more than $4 billion that went to overseas investors.

The high court on Monday declined to get involved in the case. As is usual, the justices did not comment in turning away the case.

An appeals court said the trustee, Irving Picard, could go after money that went through foreign investment funds back to foreign investors. A lower court had said those transactions were beyond the reach of U.S. law.

Madoff pleaded guilty in 2009 to orchestrating the largest Ponzi scheme in history. He admitted swindling thousands of clients out of billions of dollars in investments over decades. He was sentenced to 150 years in prison.

The court-appointed trustee has recovered approximately $14 billion of about $18 billion that investors put into Madoff’s business.

 

High court upholds Puerto Rico financial oversight board
 

WASHINGTON (AP) — The Supreme Court on Monday upheld the oversight board established by Congress to help Puerto Rico out of a devastating financial crisis that has been exacerbated by the coronavirus outbreak, recent earthquakes and damage from Hurricane Maria in 2017. The justices reversed a lower court ruling that threatened to throw the island’s recovery efforts into chaos.

In a unanimous holding, the court will allow the oversight board’s work to pull the island out of the largest municipal bankruptcy in U.S. history to proceed. At one point, Puerto Rico faced more than $100 billion in debt and unfunded pension obligations.

The case stemmed from a constitutional challenge to the oversight board’s composition led by hedge funds that invested in Puerto Rican bonds. A lower court ruled last year that board members were appointed in violation of the Constitution because they were not confirmed by the Senate.

The president selects the board’s seven voting members. They and one other non-voting member chosen by Puerto Rico’s governor approve budgets and fiscal plans drawn up by the island’s government. The board also handles bankruptcy-like cases that allow the island to restructure its debts.

 

Court declines to take up Sanders supporters’ suit
 

WASHINGTON (AP) — The Supreme Court is declining to revive a lawsuit by supporters of Sen. Bernie Sanders who sued the Democratic National Committee in 2016 over claims officials improperly tipped the scales for Hillary Clinton during the nominating process.

The justices said Monday they would not take up the lawsuit. As is usual the court did not comment in turning away the case.

The lawsuit was filed after leaked DNC emails suggested Democratic party officials had favored Clinton over the Vermont senator during the primaries.

The emails were posted on the document disclosure website WikiLeaks. WikiLeaks did not say who provided the material, but 12 Russian military intelligence officers were ultimately indicted  in connection with the DNC hack and hacking of the Clinton presidential campaign.

According to special counsel Robert Mueller’s investigation, the release was part of a sweeping conspiracy by Russia to meddle in the 2016 U.S. election.

DNC chairwoman Debbie Wasserman Schultz announced her resignation following the leaks.

The lawsuit by Sanders supporters was dismissed at an early stage and an appeals court had upheld the dismissal.