People can act badly enough to void their right to a jury of 12, New York's highest court found. In a unanimous Nov. 20 ruling, the Court of Appeals said that criminal defendant Derek Sargeant forfeited that right by confronting a jury foreperson outside their home as part of a pressure campaign to get them to vote not guilty.
Seven judges joined in a per curiam opinion basically ruling that IEEPA, the basis Trump used to impose the tariffs in question, did not authorize the fentanyl-related and trade deficit tariffs in question. Three of those judges - a Poppy Bush, an Obama, and a Biden appointee - joined in a concurring opinion written by another Biden appointee, Tiffany Cunningham, which held that IEEPA doesn't permit the President to impose any tariffs.
"If Xerox wanted its more limited construction, it should have written the claims as it did in the substitute claim," said the CAFC.