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Trump taps lawyer who argued his immunity case for solicitor general

at 12:18 p.m.

President-elect Donald Trump announced on Thursday that he will nominate D. John Sauer for solicitor general. Sauer argued and won Trump’s case in the Supreme Court earlier this year that earned him entitlement to broad immunity from prosecution. In private practice and as solicitor general of Missouri, Sauer has championed conservative causes including the death penalty, efforts to overturn the results of the 2020 election, and laws to bar transgender women and girls from competing in school sports.

Man speaking to justices on the bench in courtroom

D. John Sauer argued on behalf of Donald Trump before the Supreme Court in April’s Trump v. United States. (William Hennessy)

ARGUMENT ANALYSIS

Justices debate particularity of complaint in NVIDIA securities fraud suit

at 11:48 a.m.

The Supreme Court heard arguments on Wednesday in a dispute over the standard for evidence in a securities fraud class action based on allegedly false statements. The dispute involves statements by NVIDIA about the extent to which its profits depended on sales to the volatile crypto-mining market. For the most part, the justices who spoke seemed to think the dispute was too fact-specific to warrant their attention.

PETITIONS OF THE WEEK

FCC asks court to uphold constitutionality of nationwide rural phone and internet subsidies

at 12:07 p.m.

A weekly look at new and notable petitions seeking Supreme Court review. This week: The Federal Communications Commission asks the justices to uphold the constitutionality of its Universal Service Fund, the initiative that provides cheaper rates for phone and internet access to remote areas, low-income families, and public schools and libraries.

ARGUMENT ANALYSIS

Justices skeptical about Facebook’s data breach disclosure to investors

 at 12:12 p.m.

In a dispute over whether a forward-looking risk disclosure that Facebook made to investors about data breaches was misleading when it did not disclose that Cambridge Analytica had already taken the private data of 30 million users, several of the justices were skeptical of Facebook’s position. But at least three of the court’s conservatives were sympathetic to the argument that because the disclosure was about future events, it was not misleading.

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