That said, if there is one case that can’t be justified under Kagan’s thesis, in my view, it is Trump v. Anderson. The disqualification clause case was a rare moment for the court to interpret part of the Constitution on a blank canvas and, well, it blew it. It cannot be justified on originalist grounds, […]
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Source: ALEX WROBLEWSKI / Getty Megyn Kelly has been going full Megyn KKKelly in regard to the subject of immigrants on U.S. soil, and how even the ones who are documented need to leave because they just can’t assimilate into whatever it is white conservatives think “American” culture is. So, it should surprise no one […]
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Congress may establish independent agencies “to assist it with its functions,” Roberts claimed, but could not “foist those agencies upon the president, and thus deprive him of the ‘executive power vested [in him] by the Constitution.’” The president-as-victim framework is a defining trait of the unitary executive theory, which often paints the executive branch as […]
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She cited Alito’s assertion that “poverty and deprivation are no reflection on character, and there is no justification for denigrating the character of Haitians who suffer from and bear no responsibility for their country’s ills.” At the same time, Kagan also quoted from Trump’s public comments about Haitians at length: Haitians are “eating the dogs.… […]
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A group of Louisiana voters filed a lawsuit last week to resume the election, but have not yet succeeded at having the executive order stayed by a court. The Supreme Court, for its part, does not seem interested in delaying the inevitable. Earlier this week, the justices voted to immediately issue the court’s mandate for […]
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Alito claimed that he wasn’t simply reintroducing a discriminatory-intent test in his opinion, but it was not convincing. “The dissent states over and over again that our decision requires a Section 2 plaintiff to prove discriminatory intent,” he wrote, referring to Kagan’s dissent. When a discriminatory effect is shown, he continued, plaintiffs must then show […]
Read More Alito claimed that he wasn’t simply reintroducing a discriminatory-intent test in his opinion, but it was not convincing. “The dissent states over and over again that our decision requires a Section 2 plaintiff to prove discriminatory intent,” he wrote, referring to Kagan’s dissent. When a discriminatory effect is shown, he continued, plaintiffs must then show […]
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“What’s happening is long-term prosecutors are resigning because they’re refusing to go along with vindictive prosecutions, which are by their nature unconstitutional,” Stacey Young, an 18-year veteran of the agency, told MeidasTouch’s Scott MacFarlane. “In some cases, when prosecutors say no, they’re fired from their jobs for doing so, illegally.” “And we’re also seeing people […]
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“What’s happening is long-term prosecutors are resigning because they’re refusing to go along with vindictive prosecutions, which are by their nature unconstitutional,” Stacey Young, an 18-year veteran of the agency, told MeidasTouch’s Scott MacFarlane. “In some cases, when prosecutors say no, they’re fired from their jobs for doing so, illegally.” “And we’re also seeing people […]
Read More “What’s happening is long-term prosecutors are resigning because they’re refusing to go along with vindictive prosecutions, which are by their nature unconstitutional,” Stacey Young, an 18-year veteran of the agency, told MeidasTouch’s Scott MacFarlane. “In some cases, when prosecutors say no, they’re fired from their jobs for doing so, illegally.” “And we’re also seeing people […]
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Source: Handout / Getty On April 1, the Supreme Court delivered a major, and controversial, decision in Chiles v. Salazar, ruling 8–1 against Colorado’s law banning conversion therapy for minors. The case centers on House Bill 19-1129, a 2019 measure that prohibits licensed clinicians from attempting to change a young person’s sexual orientation or gender […]
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On Tuesday, Poland also rejected a U.S. request for the country to send a Patriot missile battery to the Middle East to help intercept Iranian missiles. Polish Defense Minister Władysław Kosiniak-Kamysz posted on X, “Our Patriot batteries and their armaments are used to protect Polish airspace and NATO’s eastern flank. Nothing is changing in this […]
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Source: Amy Sparwasser / Getty The Supreme Court is currently hearing a case brought by the Republican National Committee (RNC) that would eliminate grace periods for mail-in ballots received after Election Day. Should the Supreme Court rule in favor of eliminating the grace periods, which appears quite likely due to its 6-3 Republican supermajority, it […]
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Unsurprisingly, the conservative justices apparently agreed with that view. The other parental plaintiffs, however, argued that the California law intruded upon their rights as parents, which they said were guaranteed by the Fifth Amendment’s Due Process Clause. The doctrine that the clause protects unenumerated rights through its reference to “liberty” is known as substantive due […]
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Justice Clarence Thomas went even further to make the baffling and novel argument that Congress could not delegate “core legislative power, which is the power to make substantive rules setting the conditions for deprivations of life, liberty, or property” to the executive branch, but could freely delegate the “power to impose duties on imports” and […]
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