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Leaked memos reveal how Supreme Court steamrolled Obama climate plan in 2016 showdown

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The Supreme Court’s emergency order blocking former President Barack Obama’s signature clean energy initiative in 2016 came after a series of leaked internal memos among the justices that revealed a fight along ideological lines about whether to intervene.

The rare glimpse at the high court’s internal memos, obtained by the New York Times, showed Chief Justice John Roberts, an appointee of former President George W. Bush, urging the Supreme Court to block Obama’s effort, while liberal justices pushed back.

Roberts and the court’s conservatives were concerned not just with Obama’s policy itself, but with the possibility that the Clean Power Plan could reshape the power sector before the justices could fully review whether it was lawful, the newly revealed memos show.

“Absent a stay, the Clean Power Plan will cause (and is causing) substantial and irreversible reordering of the domestic power sector before this court has an opportunity to review its legality,” Roberts wrote in one of the memos published by the New York Times on Friday. 

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Fox News Digital reached out to the Supreme Court’s communications team Monday for comment on the leaks.

The push from Roberts came as the justices were considering what was viewed at the time as an unusual request on the emergency docket, sometimes called a “shadow docket,” from red states and outside groups to halt the Obama-era regulation, which aimed to cut carbon emissions over the next 25 years, before lower courts had fully weighed in, a step that the liberal justices warned would break from longstanding practice.

The emergency docket allows litigants to bypass typical court proceedings and seek immediate relief from the Supreme Court if lower courts block them through restraining orders or preliminary injunctions.

The Clean Power Plan would have involved the Obama Environmental Protection Agency regulating coal, oil and gas plants under the Clean Air Act. Roberts wrote that without the Supreme Court stepping in, “both the states and private industry will suffer irreparable harm from a rule that is — in my view — highly unlikely to survive.”

In another memo, Justice Elena Kagan, an Obama appointee, disagreed, saying “the unique nature of the relief sought in these applications gives me real pause.”

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Justice Samuel Alito, an appointee of former President George W. Bush, circulated a memo the same day as Kagan in which he agreed with Roberts.

“A failure to stay this rule threatens to render our ability to provide meaningful judicial review — and by extension, our institutional legitimacy — a nullity,” Alito wrote.

Within a matter of days, the justices temporarily blocked Obama’s Clean Power Plan 5-4 along ideological lines, effectively dealing it a death blow because Democrats would lose the White House later that year. The New York Times noted that the Obama White House dismissed the ruling at the time as a small hurdle but that “behind closed doors, officials were astonished that the court had intervened so quickly.”

The back-and-forth in the memos during the short period of time, from the end of January 2016 to Feb. 9, when the brief decision was issued, showed how fast the justices moved to weigh in on a major presidential action.

Jonathan Turley, law professor at George Washington University, wrote in an op-ed that the anonymous leak of the memos to the New York Times, the second leak of confidential material after the Dobbs opinion leak in 2022, was “clearly designed to wound some of its members.”

“For an institution that prides itself on its confidentiality and insularity, the court is looking increasingly porous and partisan in these leaks,” Turley wrote.

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The New York Times’ report highlighted that legal experts have long viewed the Clean Power Plan decision as one of the first examples of the Supreme Court using the emergency docket in a way that limits executive power over national policy.

Justice Ketanji Brown Jackson, an appointee of former President Joe Biden, has been among the most vocal dissenters in emergency cases during President Donald Trump’s second term as the president frequently benefits from the fast-paced docket. Jackson is sometimes joined by her two liberal colleagues, Kagan and Justice Sonia Sotomayor, in her dissents, and emergency cases have often split 6-3 in favor of Trump.

Last week, Jackson aired her grievances in a different forum, blasting emergency docket decisions during a Yale Law School speech as rushed, “scratch-paper musings” that undermine the high court’s purpose.

“Given the real world facts that a stay request asks the court to consider, the court’s stay decisions can, at times, come across utterly irrational,” Jackson said. “We cannot expect the public to have faith in our judicial system if, without clear explanation, we consistently greenlight harmful acts.”

Legal experts have attributed the heightened activity on the emergency docket to a rise in presidents attempting to shape national policy through through executive orders.

“[An increase in emergency motions] coincides with the rise of executive orders and other forms of unilateral executive action really as the primary form of lawmaking in our country with the disappearance of Congress, and that has posed enormous challenges for the court,” attorney Kannon Shanmugam said during a Federalist Society panel last fall.

Fox News Digital reached out to Obama’s office for comment. 

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Ex-CENTCOM commander warns against ‘risky’ US ground operation to seize Iran’s enriched uranium

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Ret. U.S. Army Gen. David Petraeus said assassinating more of Iran’s leadership will not end ongoing issues while warning against a U.S. ground operation to seize Iran’s stockpile of enriched uranium.

“This would be a very, very tall order, it would be exceedingly risky. And the casualties could potentially be quite substantial,” he said Monday on “Jesse Watters Primetime.”

“Assassinating a few more leaders is not going to bring this issue to a close,” he added.

Petraeus’ comments come as the two-week ceasefire between the U.S. and Iran is set to expire Wednesday, with President Donald Trump asserting an extension is “very unlikely.”

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The former CENTCOM commander, who led troops into battle during the American-led invasion of Iraq in 2003, said the deployment of U.S. ground troops to Iran would be very risky.

“We’re not really sure where these canisters are, of this thousand pounds of 60 percent enriched uranium,” he said. “They’re going to have to excavate very, very substantially. And by the way, that’s what makes the idea of a forced ground operation very, very challenging.” 

Petraeus noted that while Iran has felt the damage of the United States’ military campaign, the regime is not hopeless.

“They’ve seen lots and lots of damage that we can inflict,” he said.

“They know what we can do… They’re also trying to figure out how much they can give on these other issues that traditionally have been very, very difficult to negotiate.”

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Trump said he will enforce the U.S. naval blockade on Iranian ports until a deal is reached. However, Petraeus said the economic pressure has not made Iran completely hopeless.

“They’re not at the point of desperation,” he argued.

The former CIA director argued that both the U.S. and Iran want the war to end, citing economic challenges that both nations have experienced amid the 52-day conflict.

“I don’t think that either side really wants to return to full-on combat,” Petraeus said. “There has been damage to infrastructure in the Gulf states. And we certainly don’t want to see more of that.”

Vice President JD Vance and senior White House officials are set to depart for Pakistan on Tuesday for a new round of peace talks, though recent reports from Iranian state media cast doubt on such meetings.

“I think both sides, frankly, really do want an agreement,” Petraeus said. “Obviously, there are challenges domestically for us if this continues. Obviously, there are huge challenges for them [Iran] economically and financially if it continues.”

The former CENTCOM commander said the two main points of discussion in the talks will be Iran’s uranium enrichment and the restoration of freedom of navigation in the Strait of Hormuz.

“We’ll see if there is trade space,” he said.

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Nancy Sinatra slams Trump’s use of father’s song ‘My Way’ as ‘sacrilege’

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Singer Nancy Sinatra called President Donald Trump’s reference to her father Frank Sinatra’s song “My Way” a “sacrilege.”

On Saturday, Trump posted a video to Truth Social of Frank Sinatra singing his classic song in light of his renewed threats to destroy Iranian infrastructure for the country allegedly violating a ceasefire agreement.

The song begins with the opening lines, “And now/the end is near/And so I face/the final curtain” which resemble Trump’s past threats to destroy the nation.

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“Omg, @NancySinatra will not be happy about this. Trump goes against everything that Frank stood for. He was a big champion for equality and supported the Civil Rights movement,” one person commented on X.

The 85-year-old “These Boots Are Made for Walkin'” singer later responded to this comment, adding, “This is a sacrilege.”

She reposted users’ comments criticizing Trump’s post and use of the song, insisting Frank Sinatra would not agree with Trump’s politics.

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“Trump may love Sinatra, but Sinatra did not love Trump,” one person wrote.

“This is just sickening. Frank Sinatra would never have allowed that monster in the White House to use his music or put his lyrics in his mouth. Sinatra was a man of honor, a man who never had to lie about who he truly was because he WAS the greatest. trump is a loser,” another wrote.

Sinatra also responded to a fan asking if she could do anything to stop Trump from using the song.

“Unfortunately no. The only people who can do something are the publishers,” she responded.

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Fox News Digital reached out to the White House for comment.

Trump previously danced with first lady Melania Trump to the song “My Way” at the Liberty Ball after his first inauguration in 2017. At the time, Sinatra joked about the news writing, “Just remember the first line of the song.”

She later deleted the post and denied that she was “angry” that Trump used the song.

“What a rotten spin to put on a harmless joke,” Sinatra tweeted.

She also wrote, “I’m not sure why this became such a big deal. It was really just a joke.”

When asked whether she was upset over her father’s song being used by Trump, Sinatra wrote at the time, “Actually I’m wishing him the best. A good president helps the entire world. I don’t believe anyone tries to be a bad president.”

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Mom, pregnant teen and 12-year-old found bound and murdered as police hunt multiple suspects

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An Alabama woman, her pregnant teenage daughter and her 12-year-old son were found brutally murdered in their home, authorities said.

Mobile County Sheriff Paul Burch said deputies responded to a home in Wilmer just after 2:30 a.m., where they discovered the three bodies in separate rooms with their hands tied behind their backs.

The victims were identified as 46-year-old Lisa Gail Fields, who was stabbed; 17-year-old Keziah Arionna Luker, who was shot; and 12-year-old Thomas Cordelle Jr., who had his throat cut and was nearly decapitated.

“It was a brutal scene,” Burch said. “If you’ve got a beef with an adult… there’s nothing worth killing over, but to murder two children brutally… I hope and feel comfortable we’ll have this animal or animals off the streets soon.”

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An 18-month-old child was found unharmed in the home.

“At this point, we don’t suspect any kind of domestic or family-type situation,” Burch told reporters.

Burch noted that the home was “left in disarray,” suggesting the perpetrators may have been searching for something. Investigators believe more than one person was involved in the killings because the victims had been subdued.

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Luker was seven or eight months pregnant, the sheriff added.

“The mother was stabbed, the 17-year-old was shot, and the 12-year-old’s throat was cut as was the mom,” Burch said. “It tells me that they had a plan coming in to bring zip ties or flex cuffs with them so they had a plan.”

The father-to-be, who works offshore, triggered the discovery after he grew concerned when he could not reach Luker after he saw her cell phone activated on Life 360, the sheriff said. Another family member went to check on her and found all three victims in separate rooms with their hands bound behind them.

The Mobile County District Attorney’s Office will determine whether the death of Luker’s unborn child warrants an additional murder charge once a suspect is arrested.

Burch said investigators currently have “positive leads” in the case.

Luker’s father told WALA-TV that his daughter had just received her GED.

“It’s a senseless murder,” he said. “She was a bubble of sunshine. A person that makes you smile; a person that’ll make you laugh whenever you’re down. She had empathy for everybody. She loved her brothers; she loved her mom; she loved all of us.”

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