{"id":577,"date":"2026-08-28T13:13:12","date_gmt":"2026-08-28T13:13:12","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=577"},"modified":"2026-08-28T13:13:12","modified_gmt":"2026-08-28T13:13:12","slug":"government-urges-scotus-to-deny-9-11-petitions","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=577","title":{"rendered":"Government urges SCOTUS to deny 9\/11 petitions"},"content":{"rendered":"

Tomorrow (Aug. 29) is Justice Neil Gorsuch\u2019s birthday. Born in 1967, Gorsuch has served on the Supreme Court since 2017.<\/p>

Read more Fed Governor Lisa Cook responds to Trump administration\u2019s letter stating that it is \u201cconsidering\u201d her removal<\/a><\/p>

At the Court<\/h2>

Last Friday, Chief Justice John Roberts issued a , known as an administrative stay, allowing construction on the new White House ballroom to continue for now. The court could release its decision in the interim docket case at any time.<\/p><\/div><\/div>

One week from today, on Friday, Sept. 4, at 9:30 a.m. EDT, the court will release its third and final summer order list. (We discussed what these lists typically address in our July 13 newsletter.)<\/p><\/div><\/div><\/div><\/div>

Morning Reads<\/h2>

US opposes 9\/11 attackers\u2019 Supreme Court bid to avoid death penalty<\/h3>

Kaelan Deese, Washington Examiner<\/svg><\/span><\/p>

On Wednesday, U.S. Solicitor General D. John Sauer the court \u201cto reject a bid by alleged Sept. 11 attack mastermind Khalid Sheikh Mohammed and a co-defendant to restore plea agreements that would spare them the death penalty,\u201d according to the Washington Examiner. The filings came in response to the alleged attackers\u2019 request for the court to review \u201ca federal appeals court ruling that allowed the Pentagon to withdraw from the agreements.\u201d \u201cA Pentagon official under the Biden administration approved the agreements on July 31, 2024. Two days later, then-Defense Secretary Lloyd Austin canceled them, saying a decision of such significance should rest with him,\u201d but a military judge later ruled \u201cthat Austin acted too late because the defendants had already begun carrying out their obligations\u201d under the plea agreements. \u201cA military appeals court upheld that decision. However, the D.C. Circuit reversed course in July 2025, blocking the military judge from accepting the guilty pleas and allowing the Pentagon\u2019s withdrawal to stand.\u201d<\/p><\/div><\/div>

Clarence Thomas Says Farm Work Helped Shape View on Precedent<\/h3>

Jordan Fischer, Bloomberg Law<\/p>

In the second part of his interview with Sen. Ted Cruz for Cruz\u2019s podcast, Justice Clarence Thomas used a farming analogy to explain his views on reconsidering precedent. He noted that \u201c[t]he alignment of the first row a farmer plows … will determine all the rest,\u201d according to Bloomberg Law. \u201cWhat if that first row is crooked?\u201d Thomas said. \u201cDo you keep going, pretending that it\u2019s straight? Or do you go back and make it straight?\u201d The justice also shared his belief that the Supreme Court has \u201cover-intellectualized\u201d the Constitution, saying \u201cthat he\u2019s skeptical of any decision if he can\u2019t \u2018explain it to that guy on that ranch.\u2019\u201d<\/p><\/div><\/div>

Judge, for now, refuses to dismiss Steve Bannon\u2019s conviction in contempt of Congress case<\/h3>

Associated Press<\/p>

On Wednesday, U.S. District Judge Carl Nichols \u201crejected the Justice Department\u2019s request to erase Trump ally Steven Bannon\u2019s criminal conviction for refusing to testify before the congressional committee that investigated a mob\u2019s Jan. 6, 2021, attack on the U.S. Capitol\u201d after determining \u201cthat prosecutors failed to properly explain their motivations for seeking the dismissal of Bannon\u2019s indictment,\u201d according to the Associated Press. Nichols\u2019 decision came \u201cseveral months after the U.S. Supreme Court \u2013 at prosecutors\u2019 request \u2013 threw out an appellate ruling upholding Bannon\u2019s conviction for defying a subpoena from the House committee,\u201d clearing the way for Bannon and the Trump administration to continue working to get the criminal charges dismissed. Nichols said on Wednesday that \u201cthe government is free to renew its request in a manner that follows the law.\u201d<\/p><\/div><\/div>

\u2018The day I disclose, my career is over\u2019: the journalist facing an $800 daily fine to keep her sources secret<\/h3>

Jeremy Barr, The Guardian<\/p>

In 2017, journalist Catherine Herridge published a series of \u201cstories about the Chinese-American scientist Yanping Chen, who had been federally investigated \u2013 but not charged \u2013 over her ties to China\u2019s military and whether a Virginia school she operated was secretly aiding the communist country.\u201d Chen then sued \u201cfour government agencies … over what she said was the government\u2019s \u2018illegal and unwarranted public disclosure of her personal information\u2019 to a journalist.\u201d As part of the lawsuit, Herridge was ordered by a judge to reveal her source and to pay $800 per day until she did. This summer, Herridge began making those payments, but the judge later clarified \u201cthat Herridge doesn\u2019t need to pay the fine until\u201d the Supreme Court responds to her petition for review, in which Herridge asks the justices to protect what she sees as her right as a journalist to not reveal her sources. \u201cThis is a landmark first amendment case \u2013 probably one of the most important first amendment cases in two decades,\u201d Herridge told The Guardian.<\/p><\/div><\/div>

Live audio drives trust in the Supreme Court. Visuals will, too.<\/h3>

Robert Green and Ian Green, The Hill<\/p>

In a column for The Hill, Robert Green and Ian Green highlighted their research into how live audio of oral arguments, \u201cfirst introduced in 2020,\u201d has influenced Americans\u2019 views of the Supreme Court. They noted that Baby Boomers and older voters typically don\u2019t engage with the live audio feed but added that it\u2019s been a positive development for members of younger generations. \u201cAmong those who have heard live audio, Gen X, Millennial and Gen Z voters say it gives them \u2018a more positive view\u2019 of the U.S. Supreme Court by a 58-18 percent margin,\u201d Green and Green wrote. They contended that \u201c[l]ive audio\u2019s positive effect on Supreme Court favorability shows why courtroom cameras should be the court\u2019s next step.\u201d<\/p><\/div><\/div><\/div><\/div>

On Site<\/h2>
Court News<\/span>

Fed Governor Lisa Cook responds to Trump administration\u2019s letter stating that it is \u201cconsidering\u201d her removal<\/h3>

By Amy Howe<\/p>

A lawyer for Federal Reserve Governor Lisa Cook told the White House on Wednesday that allegations that Cook committed mortgage fraud before joining the Fed are \u201cunfounded and untrue.\u201d As a result, wrote attorney Abbe Lowell, any effort to remove Cook from her job based on those allegations would be \u201ccorrosive of the independence that Congress sought to preserve\u201d for the Federal Reserve Bank.<\/p><\/div>

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From the SCOTUSblog Team<\/span>

Has the Supreme Court rendered the First Amendment\u2019s press clause invisible?<\/h3>

By Eli Kronenberg<\/p>

Although the First Amendment states that \u201cCongress shall make no law … abridging the freedom of speech, or of the press,\u201d Eli Kronenberg writes that the second clause has become increasingly inconsequential in the Supreme Court\u2019s First Amendment jurisprudence, even in cases where matters of journalism and newsgathering are concerned.<\/p><\/div>

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SCOTUS Outside Opinions<\/span>

What the public thinks of the Supreme Court<\/h3>

By Charles Franklin<\/p>

In a column for SCOTUSblog, Charles Franklin highlighted what he described as \u201cfascinating results\u201d from the Marquette Law School Poll\u2019s July poll on the Supreme Court, including the significant gap between how Republicans and Democrats view the court and its decisions. For example, while 63% of Republicans say the court favors President Donald Trump only some of the time or almost never, 77% of Democrats think the court rules for Trump almost always or most of the time.<\/p><\/div>

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Podcasts<\/h2>
Advisory Opinions<\/span>

How to Fix Congress | Interview: Rep. Jake Auchincloss<\/h3>

Sarah Isgur and David French invite real-life Rep. Jake Auchincloss of Massachusetts to discuss how to reform Congress, explain multi-member districting, and talk about whether the Supreme Court needs more justices. But first, forging Chief Justice John Roberts\u2019 signature and fake arresting teenagers.<\/p>

Read more Has the Supreme Court rendered the First Amendment\u2019s press clause invisible?<\/a><\/p><\/div><\/div><\/div><\/div><\/div>

A Closer Look<\/div>

Justice William Johnson<\/h3><\/div>

Although Justice William Johnson, Jr. has been called the Supreme Court\u2019s \u201cfirst dissenter,\u201d this title has itself attracted some dissent \u2013 law professor Mark Killenbeck wrote that the first recorded dissent actually belonged to the other<\/em> Justice (Thomas) Johnson, in 1792\u2019s Georgia v. Brailsford<\/em>, a dispute over whether a state or a British creditor was entitled to a debt seized during the American Revolution. According to Killenbeck, Justice William Johnson instead deserves \u201cthe reputation as the first persistently independent voice on the Court.\u201d Indeed, Johnson wrote about half of all the dissents of the Marshall era.<\/p>

Johnson was born in Charleston, South Carolina, in 1771. His father was a blacksmith; at the time of his death, he held 98 enslaved people. The elder Johnson helped lead Charleston\u2019s secret revolutionary meetings under the \u201cLiberty Tree,\u201d and Gov. (and Chief Justice) John Rutledge later credited him with setting the Revolution in motion there. The British eventually imprisoned him and exiled the Johnson family to Philadelphia.<\/p>

Johnson graduated at the top of his class at the College of New Jersey (now Princeton University) in 1790, read law with the leading Federalist Charles Cotesworth Pinckney, and joined the bar in 1793. He was elected to the South Carolina House at age 22, married his wife that same year, and served as speaker during his third term. In 1799, the South Carolina Legislature placed him on the Court of Common Pleas, which came with a seat on the state\u2019s highest appellate court, where each judge could announce his own views in a given case (Johnson kept this habit up during his later time on the Supreme Court).<\/p>

When Justice Alfred Moore resigned in 1804, President Thomas Jefferson went looking for a Republican. Johnson was described as \u201can excellent lawyer, prompt, eloquent, of irreproachable character\u201d and \u201cof good nerves in his political principles.\u201d Jefferson nominated him in March, the Senate confirmed him two days later, and at 32, he became the first justice who was not a Federalist.<\/p>

When Johnson joined the bench, Chief Justice John\u00a0Marshall announced nearly every decision himself. Johnson later wrote to Jefferson that the \u201creal Cause\u201d was his colleagues: \u201cCushing was incompetent. Chase could not be got to think or write \u2013 Paterson was a slow man,\u201d and Marshall and Bushrod Washington were \u201ccommonly estimated as one Judge.\u201d One of Johnson\u2019s early dissents came in 1807\u2019s Ex parte Bollman<\/em>, a case arising from the Aaron Burr conspiracy in which Marshall held that the court could issue writs of habeas corpus; Johnson dissented, arguing that the court had no such power unless Congress expressly granted it, though he wrote of \u201cthe painful sensation\u201d of breaking with the other justices, and reported after his first separate concurrence that he heard \u201cnothing but Lectures on the Indecency of Judges cutting at each other.\u201d Still, Johnson went on to write more than 160 opinions \u2013 behind only Marshall and Joseph Story \u2013 of which roughly one-third were separate concurrences or dissents. (He also wrote 112 majority opinions for the court \u2013 for example, in United States v. Hudson<\/em>, he held that lower federal courts could not try crimes unless Congress had made the conduct illegal.)<\/p>

Jefferson ultimately got less of a Republican than he was hoping for \u2013 in 1808 while riding circuit in Charleston, Johnson ordered the release of a ship detained under Jefferson\u2019s Embargo Act of 1807, which barred American ships from foreign ports in an effort to pressure Britain and France economically. For this, Attorney General Caesar Rodney said to Jefferson that Johnson had caught \u201cleprosy of the bench.\u201d In Gibbons v. Ogden<\/em>, the 1824 case establishing Congress\u2019 authority over interstate commerce, Johnson\u2019s concurrence claimed an even broader federal power than Marshall\u2019s majority opinion did. He also joined McCulloch v. Maryland<\/em>, which upheld Congress\u2019 power to charter a national bank.<\/p>

One of his more consequential opinions came while riding circuit in 1823 when Johnson held unconstitutional a South Carolina law authorizing the seizure of free Black sailors who arrived on ships docked in the state, holding that it conflicted with both Congress\u2019 power over \u201ccommerce\u201d and a U.S. treaty with Britain \u2013 although he had no power to actually free those before him and South Carolina ignored the ruling. For this, Marshall reportedly said \u201cour brother Johnson \u2026 has hung himself on a democratic snag in a hedge composed entirely of thorny states rights in South Carolina.\u201d Johnson\u2019s later rejection of nullification (and the resulting hostility towards him in South Carolina) caused him to move to Pennsylvania in 1833.<\/p>

Johnson died in Brooklyn in August 1834 after surgery on his jaw. Although one scholar has called him \u201cthe first creative, the first scientific dissenter,\u201d he remains relatively unrecognized despite his active role on the Marshall court.<\/p><\/div><\/div>

SCOTUS Quote<\/h2>

MR. MARWELL: \u201c\u2026 And you see it in the cases cited in our brief, where you either have somebody who, you know, was lawfully present, went into the bank or into the store, or you have a situation where the authorization to enter was disputed. And so the prosecution will charge both. And often the easier course, if you take the government’s reading, is, well, don’t worry about whether intent existed at the time of entry because, you know, there was a commission of a misdemeanor or a crime while you’re \u2013 while you’re \u2013\u201d<\/p>

CHIEF JUSTICE ROBERTS: \u201cIt has to be \u2013 it has to be very unusual that someone enters a bank and only then does it occur to them that that’s where money is that they might want to rob.\u201d<\/p>

Read more What the public thinks of the Supreme Court<\/a><\/p>

\u2014 (2019) <\/p><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

Plus, would cameras in the courtroom boost public trust?<\/p>\n","protected":false},"author":1,"featured_media":17,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,5,4],"tags":[],"class_list":["post-577","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-advisory-opinions","category-from-the-scotusblog-team","category-newsletter"],"yoast_head":"\nGovernment urges SCOTUS to deny 9\/11 petitions - American Service Review<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/americanservicereview.com\/?p=577\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Government urges SCOTUS to deny 9\/11 petitions - American Service Review\" \/>\n<meta property=\"og:description\" content=\"Plus, would cameras in the courtroom boost public trust?\" \/>\n<meta property=\"og:url\" content=\"https:\/\/americanservicereview.com\/?p=577\" \/>\n<meta property=\"og:site_name\" content=\"American Service Review\" \/>\n<meta property=\"article:published_time\" content=\"2026-08-28T13:13:12+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/americanservicereview.com\/wp-content\/uploads\/2026\/08\/6ff68af57d8b484d6b22b814820bdc39.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"2000\" \/>\n\t<meta property=\"og:image:height\" content=\"1356\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"11 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=577#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=577\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/#\\\/schema\\\/person\\\/220bfdac1627513926924476de32dedb\"},\"headline\":\"Government urges SCOTUS to deny 9\\\/11 petitions\",\"datePublished\":\"2026-08-28T13:13:12+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=577\"},\"wordCount\":2152,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=577#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/americanservicereview.com\\\/wp-content\\\/uploads\\\/2026\\\/05\\\/803a164f9e7307fb35e1310eb4a0b4fe.jpg\",\"articleSection\":[\"Advisory Opinions\",\"From the SCOTUSblog Team\",\"Newsletter\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/americanservicereview.com\\\/?p=577#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=577\",\"url\":\"https:\\\/\\\/americanservicereview.com\\\/?p=577\",\"name\":\"Government urges SCOTUS to deny 9\\\/11 petitions - 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