
Supreme Court requests DOJ input in utility antitrust petition
On Monday, the justices invited Solicitor General D. John Sauer to file a brief on the case Duke Energy Carolinas v. NTE Carolinas II LLC. Duke Energy is aiming to overturn a 2024 lower bench ruling finding that a combination of actions the electric power company had taken involving Florida-based power supplier NTE could qualify as anticompetitive.
At least four justices have to vote to take up a case. The solicitor general's view of the dispute's nationwide significance can be an important factor in deciding whether the justices will grant a petition.
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The North Carolina-based company claims that a decision allowing a 4th U.S. Circuit Court of Appeals ruling to stand could revive a dormant legal theory that could open the door to more litigation among competing companies.
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CNBC
30 minutes ago
- CNBC
Three Republican-led states to deploy National Guard troops to U.S. capital
The Republican governors of three states are deploying hundreds of National Guard troops to Washington, D.C., at the request of the administration of President Donald Trump, who has portrayed the city as awash in crime. The announcements on Saturday of troops from hundreds of miles away in West Virginia, South Carolina and Ohio came a day after D.C. officials and the Trump administration negotiated a deal to keep Mayor Muriel Bowser's appointed police chief, Pamela Smith, in charge of the police department after D.C. Attorney General Brian Schwalb filed a lawsuit to block the federal takeover of the department. Trump, a Republican, said this week he was deploying hundreds of D.C. National Guard troops to Washington and temporarily taking over the Democratic-led city's police department to curb what he depicted as a crime and homelessness emergency. Justice Department data, however, showed violent crime in 2024 hit a 30-year low in Washington, a self-governing federal district under the jurisdiction of Congress. West Virginia Governor Patrick Morrisey's office said in a statement he was deploying 300 to 400 National Guard troops to D.C. in "a show of commitment to public safety and regional cooperation." The statement said he also was providing equipment and specialized training. South Carolina Governor Henry McMaster responded to a Pentagon request by announcing that 200 of his state's National Guard troops would be sent. Ohio Governor Mike DeWine said he would send 150 military police members in the coming days, adding none of them were "currently serving as law enforcement officers in the state." After the announcements, Mayor Bowser posted on X: "American soldiers and airmen policing American citizens on American soil is #UnAmerican." The National Guard serves as a militia that answers to the governors of the 50 states except when called into federal service. The D.C. National Guard reports directly to the president. Trump, who has suggested he could take similar actions in other Democratic-controlled cities, has sought to expand the powers of the presidency in his second term, inserting himself into the affairs of major banks, law firms and elite universities. In June, Trump ordered 700 Marines and 4,000 National Guard troops to Los Angeles, against the wishes of California's Democratic governor, during protests over mass immigration raids by federal officials. South Carolina's McMaster said his troops would immediately return to South Carolina if needed to respond to a possible hurricane or other natural disaster. Hurricane Erin, now northeast of Puerto Rico, has become a catastrophic Category 5 storm that could bring ocean swells to the U.S. East Coast early next week, the U.S. National Hurricane Center said on Saturday. National Guard troops often respond to natural disasters and rarely police U.S. civilians. Drew Galang, a spokesperson for West Virginia's Morrisey, said the state's National Guard received the order to send equipment and personnel to D.C. late on Friday and was working to organize the deployment. A White House official said on Saturday that more National Guard troops would be called in to Washington to "protect federal assets, create a safe environment for law enforcement officials to carry out their duties when required, and provide a visible presence to deter crime." A U.S. official, speaking on the condition of anonymity, said a formal order was expected to go out that would authorize National Guard troops in D.C. to carry firearms. The official said this order would affect mostly military police officers with sidearms. Reuters has reported that the National Guard troops would have weapons nearby, such as in their vehicles. The White House said on Saturday that D.C. National Guard members have conducted patrols on foot and in vehicles around the National Mall and Union Station. The White House said the National Guard troops are not making arrests now and that they may be armed. It is not clear how the administration could deploy National Guard troops elsewhere. A federal judge in San Francisco is expected in the coming weeks to issue a ruling on whether Trump violated the law with the Los Angeles deployments.
Yahoo
2 hours ago
- Yahoo
Trump's reciprocal tariffs could be struck down as soon as this month — and the administration is warning of economic apocalypse
President Donald Trump and his Justice Department have issued doomsday warnings recently on what would happen if a federal appeals court rules against the administration in a legal challenge to his so-called reciprocal tariffs. James Lucier at Alpha Capital Partners said the court could issue a ruling later this month or next month. The Trump administration sees complete disaster for the U.S. economy if its reciprocal tariffs are struck down, revealing its level of concern as a court is expected to issue a critical decision soon. On July 31, a federal appeals court heard arguments in a case challenging the tariffs' legal basis under the International Economic Emergency Powers Act (IEEPA), and the judges expressed deep skepticism about the administration's side. In a note this past week, James Lucier at Capital Alpha Partners said a decision is expected by the end of September, but could come as soon as late August. A unanimous or near-unanimous ruling could give the Supreme Court cover to avoid taking the case immediately and reject the administration's request to issue a stay that would keep the tariffs in place in the meantime. The dire warnings also represent 'a remarkable change in tune by the administration, which until now has always insisted that it had legal authority to get the deals done one way or another even if the IEEPA tariffs were struck down,' he added. Trump's 'Liberation Day' tariffs helped leverage a series of trade deals, including an agreement with the European Union, which pledged to invest $600 billion in the U.S. and buy $750 billion worth of U.S. energy products, with 'vast amounts' of American weapons in the mix. Similarly, the U.S.-Japan trade deal entails $550 billion of investments from Tokyo. 'Financial ruin' The U.S. hasn't received immediate cash transfers in those amounts. Still, in a letter to the U.S. Court of Appeals for the Federal Circuit on Monday, Justice Department officials suggested the government would suddenly owe everyone money—leading to catastrophe. 'The President believes that our country would not be able to pay back the trillions of dollars that other countries have already committed to pay, which could lead to financial ruin,' wrote Solicitor General D. John Sauer and Assistant Attorney General Brett Shumate. They also warned that unwinding the trade deals would lead to a '1929-style result.' That echoed a post from Trump on Truth Social days earlier, when he predicted another Great Depression would hit America if the court rules against his tariffs. Sauer and Shumate turned up the volume even higher in their subsequent letter, elaborating further on the depression warning. 'In such a scenario, people would be forced from their homes, millions of jobs would be eliminated, hard-working Americans would lose their savings, and even Social Security and Medicare could be threatened,' they wrote. 'In short, the economic consequences would be ruinous, instead of unprecedented success.' 'The president is in a jam' To be sure, the government has generated significant tariff revenue since April, and importers who paid the reciprocal duties could seek reimbursement if they are struck down. But that's only about $100 billion and also includes revenue from sectoral tariffs that were imposed under a separate legal basis that's not at risk. 'The real problem, the letter implies, is that Trump does not have legal authority to replicate the IEEPA tariffs under other tariff statutes if the court strikes the IEEPA tariffs down,' Lucier explained. 'In other words, the president is in a jam because if the court strikes down the IEEPA tariffs, his trade deals have no legal basis.' A note from Yardeni Research on Wednesday also pointed out that the administration is becoming increasingly concerned about losing the court case. The letter from the Justice Department officials appears to anticipate that they will lose the case as they are asking for a stay if the court goes against them. There will be 'messy' consequences if reciprocal tariffs are struck down, according to Yardeni, as Trump needs the revenue from tariffs to reduce the budget deficit and help to lower bond yields. 'If he loses in court, these yields might move higher. Stock prices might decline on this news initially due to a new round of policy uncertainty,' the note said. 'So the dire tone in the letter is understandable, even though it is a wee bit over the top.' This story was originally featured on

3 hours ago
Nigeria says it has arrested 2 militant leaders on its most wanted list
LAGOS, Nigeria -- The leaders of two militant groups on Nigeria 's most wanted list have been arrested in an operation involving multiple agencies, the West African country's national security adviser said Saturday. The two leaders were allegedly the heads of Ansaru, an al-Qaida -linked group, and Mahmuda, a relatively new and lesser-known militant group. Mahmuda gained national prominence after a string of attacks earlier this year in the country's north-central region. Nigeria's northern region is home to numerous armed groups. Officials said the arrests came in an operation conducted between May and July and that they recovered valuable materials including digital evidence that is undergoing forensic analysis and could lead to more arrests. The arrested leaders are Mahmud Muhammad Usman of Ansaru and Mahmud al-Nigeri of the Mahmuda group. Both men are also wanted internationally, according to Nuhu Ribadu, the security adviser. 'These two men have been on Nigeria's most-wanted list for years. They jointly spearheaded multiple attacks on civilians, security forces and critical infrastructure," Ribadu said at a news conference. He said the arrested leaders are responsible for the Kuje prison attack in 2022 that led to the escape of dozens of jailed Boko Haram members and an attack on the Niger uranium facility in 2013, among others. Ribadu said they maintain 'active links with terrorist groups across the Maghreb, particularly in Mali, Niger and Burkina Faso.' Nigeria faces a complex, multidimensional security challenge with various armed groups operating across the country. On one side are religiously motivated groups, including 16-year-old Boko Haram and its splinter factions like Ansaru and the Islamic State West Africa Province. On the other are amorphous groups specializing in kidnapping for ransom and looting and commonly referred to as bandits. Sometimes, their activities overlap. Despite military assaults on the groups, they have continued to expand their operations and carry out routine attacks. This year, Boko Haram has mounted a major resurgence. The U.S. government on Wednesday approved the sale of $346 million in arms to bolster Nigeria's fight against insurgency and criminal groups. "The successful decapitation of the leadership of this dangerous franchise marks the most decisive blow against ANSARU since its inception. This strike has effectively dismantled its central command while paving the path for the complete annihilation of the group,' Ribadu said. Oluwole Ojewale, a Dakar-based security analyst at the Institute of Security Studies, says the significant arrest will test the resilience of Ansaru and its capacity to spring surprises or mount major attacks in the immediate term. 'The impacts of this arrest on the terrorist groups depend on what the Nigerian state security does with the intelligence at their disposal,' he said.