Tag: Law

The Supreme Court Will Overturn Roe v. Wade

During oral arguments on Wednesday, Roberts questioned Mississippi Attorney General Scott Stewart on the about-face. The chief justice appeared to be trying to carve out a middle ground of sorts, one where the court might narrowly uphold the law without overturning Roe and Casey outright. Oral arguments, as I noted last week, are often a […]

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The Supreme Court Is Poised to Sabotage the Administrative State

Most members of the Supreme Court’s conservative bloc have aired similar complaints. Perhaps most famously, Justice Neil Gorsuch sharply criticized Chevron deference while serving on the Tenth Circuit Court of Appeals, arguing that it allowed “executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that […]

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Project Veritas Wants to Have It Both Ways on the Freedom of the Press

How could Project Veritas claim the mantle of press freedom in one case while undermining it elsewhere? Fairly easily, apparently. In a statement obtained by the Times, which reported on its own legal defeat before Wood, O’Keefe suggested that it was The New York Times itself that had somehow violated press freedom. “The paper needs […]

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The January 6 Defendants Are the Most Pathetic Revolutionaries I Ever Saw

But at the sentencing hearing itself, Ryan sang a very different tune. She said she was “very sorry.” She said, “I was foolish.” She said she “just shouldn’t tweet,” which was probably more than the judge was looking for, and which she didn’t mean, because she was back on Twitter the same day. Chansley is sorry, Fairlamb […]

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The Dark Side of Steve Bannon’s Contempt Case

After Democrats captured the House in 2018, however, Trump embraced a scorched-earth approach to most high-profile congressional investigations. In litigation battles over allowing testimony from his aides and handing over his financial records, he sought to delay and drag out litigation as long as possible. During his presidency, that meant pushing its outcome past the […]

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Why Did The Washington Post Publish an Op-Ed by One of Trumpworld’s Big Liars?

Rita Lavelle, who ran the Superfund environmental clean-up program during the Reagan administration, was the last person to be put on trial for contempt of Congress. She beat that rap in 1983, but the following year she was sentenced to six months in prison for lying to Congress. (She served four.) Thirty years later, in […]

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Why Did The Washington Post Let Mark Meadows’s Lawyer Rewrite History?

Rita Lavelle, who ran the Superfund environmental clean-up program during the Reagan administration, was the last person to be put on trial for contempt of Congress. She beat that rap in 1983, but the following year she was sentenced to six months in prison for lying to Congress. (She served four.) Thirty years later, in […]

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The Amy Coney Barrett Effect: An Emboldened Conservative Legal Movement

But these rulings, as others have noted, are often better understood as right-wing defeats by overreach than left-wing victories by persuasion. In some cases, a Supreme Court with five conservative justices may hesitate to strike down an affirmative-action program or resist calls to enshrine anti-LGBT discrimination into law. A Supreme Court with five liberal justices […]

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Only a Death-Row Prisoner Could Make the Supreme Court Skeptical of a Religious Freedom Claim

It still wasn’t enough for Justice Samuel Alito, who wrote a dissent in Murphy’s case, joined by Thomas and Justice Neil Gorsuch, where he argued that both men should have been denied a stay of execution because of timing reasons. “This Court receives an application to stay virtually every execution; these applications are almost all […]

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The Case of the Fitness Instructor Who Spied on California Muslims—Then Helped Them Sue the FBI

Fazaga and the other plaintiffs told the Supreme Court that despite the government’s efforts to dismiss the religious-discrimination claims on state-secrets grounds, the plaintiffs don’t actually need any state secrets to prove their case. “Only they possess the information they seek to keep secret, and Plaintiffs have not sought it to establish their entitlement to […]

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The Supreme Court’s Plot Against Democracy—and the Planet

It’s been a jam-packed week for the Supreme Court: On Monday, the justices delved into Senate Bill 8, Texas’s controversial abortion bounty law, and sounded very skeptical about whether they’ll allow it to stand. A day later, they waded into a thorny dispute between members of a community college board, in a case that could have far-reaching First Amendment […]

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Biden’s Vaccine Mandate Isn’t Really a Vaccine Mandate

OSHA outlined a few benefits of mandating vaccines for employers themselves. “Most obviously, employers with a mandatory vaccination policy will enjoy a dramatically reduced risk that their employees will become severely ill or die of a COVID-19 infection,” the agency said. Of course, if companies always cared so deeply about their workers’ health and welfare, […]

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The Supreme Court Isn’t Gun-Shy Anymore

Debates about the Second Amendment tend to be dense on historical reading. In Heller and McDonald, the court’s conservative justices took an originalist approach, drawing upon what they saw as the original public understanding of the right to bear arms at two key points in American history: when the Second Amendment was ratified shortly after […]

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The Supreme Court Won’t Gut Roe the Way Texas Wants Them To

Those concerns appeared to resonate among at least three of the court’s conservative justices. Chief Justice John Roberts, who dissented from the court’s decision to allow S.B. 8 to go into effect in September, asked whether a law allowing a $1 million bounty instead of a $10,000 bounty would create enough of a chilling effect […]

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The Supreme Court Won’t Gut Roe the Way Texas Wants It To

Those concerns appeared to resonate among at least three of the court’s conservative justices. Chief Justice John Roberts, who dissented from the court’s decision to allow S.B. 8 to go into effect in September, asked whether a law allowing a $1 million bounty instead of a $10,000 bounty would create enough of a chilling effect […]

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The Right’s Embrace of Political Violence Is Escalating

Barely disguised intimations of violent resistance aren’t limited to the 2020 election or to false claims of election fraud. Mark Levin, a popular conservative radio host, complained last month that vaccine mandates for nurses, cops, and Border Patrol agents amounted to “incremental tyranny” that should be resisted in revolutionary ways. “If we’re going to go […]

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An Open Letter in Defense of Democracy

Adolph ReedEmeritus professor of political science, University of Pennsylvania Kim Lane ScheppeleLaurance S. Rockefeller professor of sociology and international affairs, Princeton University Charles SykesFounder and editor at large, The Bulwark George ThomasBurnet C. Wohlford professor of American political institutions, Claremont McKenna College Michael TomaskyEditor, The New RepublicEditor, Democracy: A Journal of Ideas Jeffrey K. TulisProfessor of government and law, University of Texas […]

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Democrats May Need to Embrace Gerrymandering to Abolish It

Texas might be the best example of these imbalances at the moment. State lawmakers just wrapped up the state’s first redistricting process without federal oversight under the Voting Rights Act of 1965 in roughly a half-century. Texas gained two seats in the most recent election, with the state’s growing Hispanic community accounting for nearly all […]

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The Supreme Court Now Has Roe in Its Sights

At the same time, in Whole Woman’s Health v. Jackson, the justices agreed to decide the case on the merits of whether a state can structure a law like S.B. 8 at all. The clinic framed the Texas law as an unprecedented act of defiance to the Supreme Court’s authority. “Had a state after Brown […]

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Merrick Garland Is Enraging Democrats Who Want to See Trump Behind Bars

Beyond his two impeachment trials, which are noncriminal proceedings, Trump has not been personally charged with any state or federal crime since he became president. But there are multiple investigations underway that could carry potential legal liabilities for Trump. The Manhattan district attorney’s office charged the Trump Organization and its chief financial officer, Allen Weisselberg, […]

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Trump’s Defense Against the January 6 Commission Discovers New Depths of Cynicism

The lawsuit also criticized the Biden administration for giving Congress access to the records, which prompted Trump’s lawsuit in the first place. “Notably, the Biden administration’s waiver of executive privilege is a myopic, [sic] political maneuver designed to maintain the support of its political rivals and is not based on any discernable legal principle,” Trump’s […]

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Release the January 6 Documents!

Democrats have huffed and puffed threatened him with contempt, but thus far the tactic is working. Bannon can use bad faith legal arguments to keep the January 6 Committee at bay, knowing that the only option at Congress’ disposal is to file suits that will take time to worm their way through the judicial system […]

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American Law Firms Are Enabling Foreign Kleptocrats

There’s some truth within that reality. Unfortunately, as researchers in the spiraling world of offshoring and kleptocracy have uncovered over the past decade, legal defenses are by no means the only services American law firms now provide those who pillage populations abroad, immiserate entire countries, and then use their ill-gotten gains to build real estate […]

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Executive Privilege Was Out of Control Even Before Steve Bannon Claimed It

The first of these was a case brought by Nixon himself, Nixon v. Administrator of General Services (1977). The Supreme Court upheld the 1974 law handing Nixon’s papers over to the General Services Administration and said these papers could be used in judicial proceedings. But it also said Nixon retained certain ill-defined rights over the documents based […]

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The White House Report on Supreme Court Reform Made a Glaring Omission

So, with court-packing off the table, what is left? Some reform proposals have suggested requiring the court to hear cases in panels, similar to the practice used by the federal appellate courts, or rotating justices between the lower federal courts and the Supreme Court. The draft materials suggested that a rotation system as articulated by […]

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Who Is Jeffrey Clark, and How Did He Try to Destroy Democracy?

To watchdog groups, Clark has been a person of interest for months. In August, the Citizens for Responsibility and Ethics in Washington urged Attorney General Merrick Garland to look into whether Clark broke federal law for following Trump in trying to use the Justice Department to cast doubt on the 2020 election results. In the […]

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A Requiem for Donald Trump’s Grift Factory

Some of the guests of Trump’s hotel checked in with a different sort of baggage. Trump’s inaugural committee, which raised funds through private donations, pushed cash into his hotel in 2017 at such high rates that some planners raised concerns that the Trump Organization was overcharging them. Lobbyists of all stripes bought rooms and dined […]

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Stephen Breyer’s Supreme Delusions

Breyer is clearest about one point of overriding importance: that it would be dreadful to abandon the line between politics and law, wherever that line is—and that those calling for political reform of a political institution are dangerous. The “highly nuanced” reality of judicial politicking, the justice writes, is at odds with the impression of […]

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The Laughable Defenses of Trump’s Personal Coup Lawyer

Why did they rest their defense of Eastman on this fallacious foundation? I am not telepathic, so I cannot say for certain why Klingenstein and Williams took this approach. Perhaps they were misinformed about the nature of the criticism that Eastman had faced. Maybe they came across some criticism of him that I have missed. […]

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Why Norma McCorvey Switched Sides

Driven not by ideals so much as by pain and anger, Norma McCorvey was prone to outbursts, and frequently off message. Her conversion brought a lot of pain, especially for Gonzales, as McCorvey, over time, began to profess that homosexuality now appalled her and “that she herself had never really been gay.” But perhaps no […]

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Donald Trump Can Still Trigger a Major Constitutional Crisis

The House committee has already interviewed Donoghue. An ongoing question over the investigation is how far the select committee can go in forcing aides to a former president or the former president himself to give information. The Trump aides defying the subpoenas could, if convicted of contempt of Congress, face fines as high as $100,000 […]

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