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Column: America is in the grip of a right-wing minority

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Column: America is in the grip of a right-wing minority

Republicans and conservatives are keen on the shibboleth that “America is a republic, not a democracy.” Boiled right down to its essence, the phrase is a justification for awarding a robust voice in authorities to minority political opinions.

We at the moment are at a stage the place the minority is taking on. Worse, it’s an extremist minority that has exploited imperfections in our system of presidency to impose retrograde insurance policies on the remainder of the nation.

No higher instance exists than the string of far-right choices handed down lately by the U.S. Supreme Courtroom, most prominently in its 6-3 resolution overturning the 50-year precedent defending girls’s reproductive well being rights by way of the 1974 resolution in Roe vs. Wade.

A state-by-state evaluation by public well being professionals reveals that States with probably the most restrictive abortion insurance policies additionally proceed to speculate the least in girls’s and youngsters’s well being.

— Dissenting justices in Supreme Courtroom abortion ruling

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However rulings overturning restrictions on gun rights — together with the greater than century-old New York regulation invalidated by the courtroom final Thursday, in addition to actions endorsing restrictions on voting, are signs of the identical pathology.

Gerrymandering by GOP forces has cemented minority management of state legislatures.

In Wisconsin, the place voter registrations are about evenly divided between Democrats and Republicans, the GOP is just about assured of successful two-thirds of the legislative seats because of a redistricting map drawn by Republicans and endorsed by a Republican-dominated state Supreme Courtroom.

The Supreme Courtroom’s drift towards the laborious proper has dire implications for the courtroom itself and American society and politics at giant. Let’s take them so as.

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Historical past tells us that dangerous issues can occur to an establishment that loses its public credibility. The decline of the Supreme Courtroom’s popularity for trustworthiness has been lengthy in coming however quickened throughout the previous couple of years.

We noticed lately {that a} collection of selections sharply at odds with public opinion has proven the courtroom to be “out of step with the American folks,” as Shira A. Scheindlin, a former federal decide in New York, instructed me earlier this month after the choice on Roe vs. Wade had been leaked however earlier than it was formally handed down.

How far out of step? The ten states during which public opinion polls present a majority of respondents oppose abortion rights have about 11% of the U.S. inhabitants, but their strategy has been was regulation by the Supreme Courtroom.

Abortion rights are favored by greater than 50% of adults even in most states which can be speeding to place the courtroom’s ruling into impact by banning or closely limiting abortion, in response to political scientists Jake Grumbach and Christopher Warshaw.

Public opinion typically favors abortion rights and tighter gun controls, each of that are flouted by the courtroom’s latest choices.

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The Pew Analysis Heart present in February that solely 54% of respondents had a good view of the courtroom, down from 69% in mid-2019. The most recent determine, the Pew pollsters reported, had been “among the many least constructive in surveys relationship again almost 4 a long time.”

One other new low was reported on Thursday by the Gallup Group, with solely 25% of the general public expressing “an amazing deal” or “quite a bit” of confidence within the courtroom. That was 5 factors decrease than the earlier low, reached in 2014.

Even amongst Republicans, who typically have favored the courtroom’s conservative choices, its standing was at a low ebb, with 39% expressing confidence within the courtroom, down from 53% in 2010. (The most recent determine was 25% amongst independents and 13% amongst Democrats.)

The Gallup poll-taking was accomplished on June 20; polls taken after the abortion resolution had been additionally dire. A CBS Information/YouGov ballot taken on Friday and Saturday discovered that 59% of all respondents and 67% of ladies disapproved of the choice. Greater than 55% of respondents expressed the conviction that the courtroom would transfer on to limit same-sex marriage and entry to contraception.

The courtroom’s rulings have raised the profile of proposals to redress its ideological stability, whether or not by increasing the courtroom to dilute the burden of the present conservative majority or imposing time period limits to make sure that its membership extra carefully displays public opinion.

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In line with a Politico/Morning Seek the advice of ballot taken after the abortion resolution, each concepts have been gaining public help, with 62% of respondents strongly or considerably supporting time period limits, and courtroom growth garnering plurality help of 45% approval versus 38% disapproval.

The decline in public standing must be worrisome for the courtroom as a result of it may knock away one of many pillars that allowed the courtroom to outlive the final concerted try at a restructuring. That was Franklin Roosevelt’s “court-packing” scheme of 1937, undertaken after the courtroom overturned a number of New Deal initiatives and different reforms, comparable to a New York state minimal wage regulation.

Roosevelt failed, in response to historian William E. Leuchtenburg, as a result of he “attacked one of many symbols which many believed the nation wanted for its sense of unity as a physique politic.” That perception, nonetheless, has now disappeared.

Warnings concerning the penalties of a decline in public standing are coming from inside and outside of the courthouse.

Of their dissent to the abortion resolution, Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan noticed that the choice did greater than eradicate “a 50-year-old constitutional proper that safeguards girls’s freedom and equal station. … It breaches a core rule-of-law precept, designed to advertise fidelity within the regulation … [and] locations in jeopardy different rights, from contraception to same-sex intimacy and marriage.”

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They concluded: “Lastly, it undermines the Courtroom’s legitimacy.”

Harvard Regulation professor Noah Feldman put the disaster extra bluntly. He referred to as the pernicious abortion resolution “an act of institutional suicide for the Supreme Courtroom. The legitimacy of the fashionable courtroom depends upon its capability to guard the susceptible.”

As for the implications of the abortion ruling on society typically, Republican officeholders have appeared remarkably disdainful of the implications for the well being of ladies and youngsters of repealing the suitable to abortion.

The 26 largely Republican-controlled states which can be poised to limit abortion within the wake of the Supreme Courtroom resolution or have already accomplished so typically rank within the backside half of nationwide measures of toddler mortality and worse than the nationwide common of maternal mortality.

Because the dissenting justices wrote, “a state-by-state evaluation by public well being professionals reveals that States with probably the most restrictive abortion insurance policies additionally proceed to speculate the least in girls’s and youngsters’s well being.”

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Mississippi, which introduced the lawsuit on which the courtroom dominated Friday, is a poster youngster for official indifference to girls’s and youngsters’s well being. The dissent famous that “well being outcomes in Mississippi are abysmal for each girls and youngsters.” The state ranks worst within the nation on toddler mortality and its maternal dying fee, 33.2 deaths per 100,000 reside births, is almost twice the nationwide common.

These figures make a mockery of assurances voiced by Mississippi Gov. Tate Reeves that “the following part of the pro-life motion is specializing in serving to these mothers that perhaps have an sudden and undesirable being pregnant … [and] ensuring that these infants, as soon as born, have a productive life.”

Historical past supplies no proof that Reeves is critical. Because the dissent noticed, Mississippi “has strict eligibility necessities for Medicaid and vitamin help, leaving many ladies and households with out primary medical care or sufficient meals. Though 86 p.c of pregnancy-related deaths within the State are because of postpartum issues, Mississippi rejected federal funding to offer a yr’s price of Medicaid protection to girls after giving start.”

The courtroom’s latest choices recommend that the conservative majority got here to those circumstances with a preexisting willpower to revive in American society a golden age during which a privileged minority dictated political requirements and will defend their very own prerogatives with out interference.

They might defend their choices by discovering justifications within the textual content of the Structure, however that’s not a critical evaluation. The gun rights ruling promoted “a darkish and cynical view of society” during which “hazard lurks behind each nook, threatening to lunge at our heels, and one of the best we are able to do is arm up,” wrote New York lawyer Liza Batkin. “It’s a Wild West worldview within the guise of an originalist, text-bound resolution.”

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The choices for restoring abortion rights on the federal legislative degree, the place issues should occur to “codify Roe,” because the precept is labeled, are restricted however actual. One is to construct on the Ladies’s Well being Safety Act, which has been handed by the Home however blocked within the Senate. The measure would forestall states from imposing extreme restrictions on abortion suppliers to intrude with girls’s reproductive well being selections.

A reworked invoice may set acceptable limits on abortions, say by limiting them to the primary trimester of being pregnant, but additionally defend suppliers appearing to safeguard the well being of the mom and to make sure abortion rights in circumstances of rape or incest. The measure may additionally prohibit states from penalizing girls who search abortions exterior the state or those that assist them achieve this.

The chief impediment to such a regulation is politics. Passing it within the Senate would most likely require ending the filibuster — now would be the time.

It’s conceivable that the Supreme Courtroom may invalidate the brand new regulation, however that will be a extra radical step than the present courtroom majority has been prepared to take even within the abortion and gun rights circumstances as a result of it might imply reinterpreting the Structure’s commerce clause, which provides Congress the unique authority to control interstate commerce.

“Positive, the SCt may chuck the caselaw within the trash,” regulation professor Julian Davis Mortenson of the College of Michigan tweeted after the abortion ruling. “However that’s what it might take: radical change — with implications far past abortion.”

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Although this courtroom has lurched far to the suitable, this could be a bridge too far — particularly if its public legitimacy continues to crumble. In any case, it was the specter of a deterioration in its public popularity that prompted the Nineteen Thirties courtroom to reverse itself in its strategy to liberal reforms to stave off FDR’s court-packing scheme.

There are indicators that even moderates on Capitol Hill are unnerved by the radicalism of the Supreme Courtroom. After the abortion resolution was introduced, Sen. Joe Manchin III (D-W. Va.) mentioned that he would help a bipartisan effort to “put ahead” laws to “codify the rights Roe v. Wade beforehand protected.”

Can the Supreme Courtroom proceed to show the clock again? Within the brief time period, the harm has been accomplished. In the long run, it’s standing in entrance of a strong tide.

“The lengthy arc of American historical past has bent extra steeply in direction of gender equality up to now few a long time,” wrote 154 economists in a friend-of-the-court temporary within the abortion case. The trendline has been damaged in the mean time, however not perpetually.

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Elon Musk, Mark Zuckerberg and Jeff Bezos to Attend Trump’s Inauguration

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Elon Musk, Mark Zuckerberg and Jeff Bezos to Attend Trump’s Inauguration

Corporate America had already raced to donate big sums to Donald Trump’s record-breaking inaugural fund. Now some of its leaders appear eager to jockey for prominent positions at the inauguration next week.

It’s a new reminder that for some of the nation’s biggest businesses, forging close ties to a president-elect who is promising hard-hitting policies like tariffs is a priority this time around.

Jeff Bezos and Mark Zuckerberg are expected to be on the inauguration dais, according to NBC News, alongside Elon Musk and several cabinet picks.

The presence of Musk isn’t a surprise, given the Tesla chief’s significant support of and huge influence over Trump. But the other tech moguls have only more recently been seen as supporters of the administration. (Indeed, Bezos frequently sparred with Trump during his first presidential term.)

It’s the latest effort by Bezos and Zuckerberg to burnish their Trump credentials. At the DealBook Summit in December, Bezos — whose Amazon has faced scrutiny under the Biden administration and whose Blue Origin is hoping to win government rocket contracts — said that he was “very hopeful” about Trump’s efforts to reduce regulation.

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And Zuckerberg recently announced significant changes to Meta’s content moderation policy, including relaxing restrictions on speech seen as protecting groups including L.G.B.T.Q. people that won praise from Trump and other conservatives. On the inauguration front, Zuckerberg is also co-hosting a reception alongside the longtime Trump backers Miriam Adelson, Tilman Fertitta and Todd Ricketts.

Both tech moguls have visited Mar-a-Lago since the election, with Zuckerberg having done so more than once.

Coca-Cola took a different tack. The drinks giant’s C.E.O., James Quincey, gave Trump what an aide called the “first ever Presidential Commemorative Inaugural Diet Coke bottle.”

More broadly, business leaders want a piece of the inauguration action. The Times previously reported that the Trump inaugural fund had surpassed $170 million, a record, and that even major donors have been wait-listed for events.

Others are throwing unofficial events around Washington, including an “Inaugural Crypto Ball” that will feature Snoop Dogg, with tickets starting at $5,000, The Wall Street Journal reports.

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It’s a reminder that C.E.O.s are reading the room, and preparing their companies for a president who has proposed creating an “External Revenue Service” to oversee what he has promised will be wide-ranging tariffs.

David Urban, a longtime Trump adviser who’s hosting a pre-inauguration event, told The Journal, “This is the world order, and if we’re going to succeed, we need to get with the world order.”

  • In other Trump news: The president-elect is expected to appear via videoconference at the World Economic Forum in Davos, Switzerland, which starts on Inauguration Day, according to Semafor.

Investors brace for the latest inflation data. The Consumer Price Index report, due out at 8:30 a.m. Eastern, is expected to show that inflation ticked up last month, most likely because of climbing food and fuel costs. Global bond markets have been rattled as slow progress on slowing inflation has prompted the Fed to slash its forecast for interest rate cuts.

More Trump cabinet picks will appear before the Senate on Wednesday. Senator Marco Rubio of Florida, the choice for secretary of state, is expected to field questions about his views on the Middle East, Ukraine and China, but is expected to be confirmed. Russell Vought, the pick to run the Office of Management and Budget, will most likely be asked about his advocacy for drastically shrinking the federal government, a key Trump objective. And Sean Duffy, the Fox Business host chosen to lead the Transportation Department, will probably face questions on how he would oversee matters including aviation safety and autonomous vehicles, the latter of which is a priority for Elon Musk.

Meta plans to lay off another 5 percent of its employees. Mark Zuckerberg, the tech giant’s C.E.O., told staff members to prepare for “extensive performance-based cuts” as the company braces for “an intense year.” The social media giant faces intense competition in the race to commercialize artificial intelligence.

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A new bill would give TikTok a reprieve from a ban in the United States. Senator Ed Markey, Democrat of Massachusetts, said he planned to introduce the Extend the TikTok Deadline Act, which would give the video platform 270 additional days to be divested from its Chinese parent, ByteDance before being blacklisted. It’s the latest effort to buy TikTok time, as the app faces a Jan. 19 deadline set by a law; President-elect Donald Trump has opposed the potential ban as well.

JPMorgan Chase and BlackRock, the giant money manager, just reported earnings. (In short: Both handily beat analyst expectations.)

But the Wall Street giants are likely to face questioning on a particular issue on Wednesday: Which top lieutenants are in line to replace their larger-than-life C.E.O.s, Jamie Dimon and Larry Fink.

Who’s out:

  • Daniel Pinto, who had long been Dimon’s right-hand man, said he would officially drop his responsibilities as JPMorgan’s C.O.O. in June and retire at the end of 2026. Jenn Piepszak, the co-C.E.O. of the company’s core commercial and investment bank, has become C.O.O.

  • And Mark Wiedman, the head of BlackRock’s global client business and a top contender to succeed Fink, is planning to leave, according to news reports.

What Wall Street is gossiping about JPMorgan: Even in taking the C.O.O. role, JPMorgan said that Piepszak wasn’t interested in succeeding Dimon “at this time.” DealBook hears that while she genuinely appears not to want to pursue the top job, the phrasing covers her in case she changes her mind.

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For now, that means the most likely candidates for the top spot are Marianne Lake, the company’s head of consumer and community banking; Troy Rohrbaugh, the other co-head of the commercial and investment bank; and Doug Petno, a co-head of global banking.

The buzz around BlackRock: Wiedman reportedly didn’t want to keep waiting to succeed Fink and is expected to seek a C.E.O. position elsewhere. (So sudden was his departure that he’s forfeiting about $8 million worth of stock options and, according to The Wall Street Journal, he doesn’t have another job lined up yet.)

Fink said on CNBC on Wednesday that Wiedman’s departure had been in the works for some time, with the executive having expressed a desire to leave about six months ago.

Other candidates to take over for Fink include Martin Small, BlackRock’s C.F.O.; Rob Goldstein, the firm’s C.O.O.; and Rachel Lord, the head of international.

But Dimon and Fink aren’t going anywhere just yet. Dimon, 68, said only last year that he might not be in the role in five years. And Fink, 72, said in July that he was working on succession planning: “When I do believe the next generation is ready, I’m out.”

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Another battle between Elon Musk and the S.E.C. erupted on Tuesday, with the agency suing the tech mogul over his 2022 purchase of Twitter.

It’s unclear what happens to the lawsuit once President-elect Donald Trump, who counts Musk as a close ally, takes office. But the agency’s reputation as an independent watchdog may be at stake.

A recap: The S.E.C. accused Musk of violating securities laws in his $44 billion acquisition of the social media company.

The agency said that Musk had failed to disclose his Twitter ownership stake for a pivotal 11-day stretch before revealing his intentions to purchase the company. That breach allowed him to buy up at least $150 million worth of Twitter shares at a lower price — to the detriment of existing shareholders, the agency argues.

The S.E.C. isn’t just seeking to fine Musk. It wants him to pay back the windfall. “That’s unusual,” Ann Lipton, a professor at Tulane Law School, told DealBook.

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Alex Spiro, Musk’s lawyer, called the latest action a “sham” and accused the agency of waging a “multiyear campaign of harassment” against him.

The showdown sets up a tough question for the S.E.C. Will Paul Atkins, the president-elect’s widely respected pick to lead the agency, drop the case? Such a move could call the bedrock principle of S.E.C. independence into question.

Jay Clayton, who led the agency during Trump’s first term, earned the respect of the business community for running it in a largely drama-free manner. It was under Clayton that the S.E.C. sued Musk over his statements about taking Tesla private.

Musk, who is set to become Trump’s cost-cutting czar and is expected to have office space in the White House complex, has called for the “comprehensive overhaul” of agencies like the S.E.C. The billionaire said he would also like to see “punitive action against those individuals who have abused their regulatory power for personal and political gain.”

  • In related news: The Consumer Financial Protection Bureau sued Capital One, accusing it of cheating its depositors out of $2 billion in interest payments.

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  • DAZN, the streaming network backed by the billionaire businessman Len Blavatnik, is closing in on funding from Saudi Arabia’s sovereign wealth fund as the kingdom continues to expand its sports footprint. (NYT)

  • The Justice Department sued KKR, accusing the investment giant of withholding information during government reviews for several of its deals. KKR filed a countersuit. (Bloomberg)

  • OpenAI added Adebayo Ogunlesi, the billionaire co-founder of the infrastructure investment firm Global Infrastructure Partners, to its board. (FT)

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For uninsured fire victims, the Small Business Administration offers a rare lifeline

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For uninsured fire victims, the Small Business Administration offers a rare lifeline

As wildfires continue to burn around Southern California, thousands of business owners, homeowners and renters are confronting the daunting challenge of rebuilding from the ashes. For some number of them, the road ahead will be all the more difficult because they didn’t have any or enough insurance to cover their losses. For them, the U.S. Small Business Administration is a possible lifeline.

The SBA, which offers emergency loans to businesses, homeowners, renters and nonprofits, is among the few relief options for those who don’t have insurance or are underinsured. Uninsured Angelenos can also apply for disaster assistance through the Federal Emergency Management Agency, or FEMA.

The current wildfires are ravaging a state that was already in the midst of a home insurance crisis. Thousands of homeowners have lost their insurance in recent years as providers pull out of fire-prone areas and jack up their prices in the face of rising risk.

“For those who are not going to get that insurance payout, this is available,” Small Business Administration head Isabella Casillas Guzman said in an interview during a recent trip to the fire areas. “The loans are intended to fill gaps, and that is very broad.”

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About one-third of businesses don’t have insurance and three-quarters are underinsured, Guzman said.

“There will be residual effects around the whole community,” she said. “Insurance will not cover this disaster.”

Businesses, nonprofits and small agricultural cooperatives can apply for an economic injury loan or a physical damage loan through SBA. Homeowners are eligible for physical damage loans. Economic injury loans are intended to help businesses meet ordinary financial demands, while physical damage loans provide funds for repairs and restoration. People can apply online and loans must be repaid within 30 years.

Renters can receive up to $100,000 in assistance, homeowners up to $500,000 and businesses up to $2 million, according to Guzman. Homeowners and renters who cannot get access to credit elsewhere can qualify for loans with a interest rate of 2.5%. The SBA determines an applicant has no credit available elsewhere if they do not have other funds to pay for disaster recovery and cannot borrow from nongovernment sources.

Interest rates for homeowners and renters who do have access to credit elsewhere are just over 5%. Loans for businesses could come with interest rates of 4% or 8% depending on whether the business has other credit options.

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An applicant must show they are able to repay their loan and have a credit history acceptable to the SBA in order to be approved. The loans became available following President Biden’s declaration of a major disaster in California.

“We’ve already received hundreds of applications from individuals and businesses interested in exploring additional support,” Guzman said. “We know the economic disruption may not be contained to the footprint of any evacuation zones or power outages.”

People who don’t have insurance or whose insurance doesn’t cover the entirety of their losses are eligible for loans, Guzman said. While many will use the funds to start from scratch after losing their property to the fires, businesses that are still standing can also apply for support to cover lost revenue.

Guzman was not able to estimate the total value of loans they expect to offer in California but said the organization is on solid financial footing after temporarily running out of funds in October.

“Funding has been replenished by Congress, and we expect to be able to coordinate closely with Congress,” Guzman said. “We’re fully funded and in a good position to provide support.”

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Cookies, Cocktails and Mushrooms on the Menu as Justices Hear Bank Fraud Case

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Cookies, Cocktails and Mushrooms on the Menu as Justices Hear Bank Fraud Case

In a lively Supreme Court argument on Tuesday that included references to cookies, cocktails and toxic mushrooms, the justices tried to find the line between misleading statements and outright lies in the case of a Chicago politician convicted of making false statements to bank regulators.

The case concerned Patrick Daley Thompson, a former Chicago alderman who is the grandson of one former mayor, Richard J. Daley, and the nephew of another, Richard M. Daley. He conceded that he had misled the regulators but said his statements fell short of the outright falsehoods he said were required to make them criminal.

The justices peppered the lawyers with colorful questions that tried to tease out the difference between false and misleading statements.

Chief Justice John G. Roberts Jr. asked whether a motorist pulled over on suspicion of driving while impaired said something false by stating that he had had one cocktail while omitting that he had also drunk four glasses of wine.

Caroline A. Flynn, a lawyer for the federal government, said that a jury could find the statement to be false because “the officer was asking for a complete account of how much the person had had to drink.”

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Justice Ketanji Brown Jackson asked about a child who admitted to eating three cookies when she had consumed 10.

Ms. Flynn said context mattered.

“If the mom had said, ‘Did you eat all the cookies,’ or ‘how many cookies did you eat,’ and the child says, ‘I ate three cookies’ when she ate 10, that’s a false statement,” Ms. Flynn said. “But, if the mom says, ‘Did you eat any cookies,’ and the child says three, that’s not an understatement in response to a specific numerical inquiry.”

Justice Sonia Sotomayor asked whether it was false to label toxic mushrooms as “a hundred percent natural.” Ms. Flynn did not give a direct response.

The case before the court, Thompson v. United States, No. 23-1095, started when Mr. Thompson took out three loans from Washington Federal Bank for Savings between 2011 and 2014. He used the first, for $110,000, to finance a law firm. He used the next loan, for $20,000, to pay a tax bill. He used the third, for $89,000, to repay a debt to another bank.

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He made a single payment on the loans, for $390 in 2012. The bank, which did not press him for further payments, went under in 2017.

When the Federal Deposit Insurance Corporation and a loan servicer it had hired sought repayment of the loans plus interest, amounting to about $270,000, Mr. Thompson told them he had borrowed $110,000, which was true in a narrow sense but incomplete.

After negotiations, Mr. Thompson in 2018 paid back the principal but not the interest. More than two years later, federal prosecutors charged him with violating a law making it a crime to give “any false statement or report” to influence the F.D.I.C.

He was convicted and ordered to repay the interest, amounting to about $50,000. He served four months in prison.

Chris C. Gair, a lawyer for Mr. Thompson, said his client’s statements were accurate in context, an assertion that met with skepticism. Justice Elena Kagan noted that the jury had found the statements were false and that a ruling in Mr. Thompson’s favor would require a court to rule that no reasonable juror could have come to that conclusion.

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Justices Neil M. Gorsuch and Brett M. Kavanaugh said that issue was not before the court, which had agreed to decide the legal question of whether the federal law, as a general matter, covered misleading statements. Lower courts, they said, could decide whether Mr. Thompson had been properly convicted.

Justice Samuel A. Alito Jr. asked for an example of a misleading statement that was not false. Mr. Gair, who was presenting his first Supreme Court argument, responded by talking about himself.

“If I go back and change my website and say ‘40 years of litigation experience’ and then in bold caps say ‘Supreme Court advocate,’” he said, “that would be, after today, a true statement. It would be misleading to anybody who was thinking about whether to hire me.”

Justice Alito said such a statement was, at most, mildly misleading. But Justice Kagan was impressed.

“Well, it is, though, the humblest answer I’ve ever heard from the Supreme Court podium,” she said, to laughter. “So good show on that one.”

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