Trump, The Arpaio Pardon, And The Constitution

The pardoning of Joe Arpaio was distasteful and an affront to the Rule of Law, but it was completely within the powers of the President and should not be a ground for impeachment.

Federal Judge Strikes Down Texas Voter ID Law

Texas suffers another legal setback in its effort to pass a Voter ID law.

The Limits of Free Speech

The dangers of the tyranny of the majority have only magnified.

Seventh Circuit Rules In Favor Of Transgender Student In Bathroom Access Case

A Federal appellate court has ruled that a transgender student must be allowed to use the bathroom that corresponds to their gender identity.

Senate Invokes ‘Nuclear Option’ As Gorsuch Nomination Heads To Final Vote

As expected, Senate Republicans invoked the so-called ‘nuclear option’ to move the nomination of Judge Neil Gorsuch forward to a final vote on Friday.

Gorsuch Has Another Good Day In Front Of Senate Judiciary Committee

More fireworks on the second day of the questioning of Neil Gorsuch, but his confirmation nonetheless seems assured.

Fourth Circuit Upholds Maryland’s Ban On So-Called “Assault Weapons”

The Fourth Circuit Court of Appeals has upheld Maryland’s ban on certain so-called “assault weapons,” but it’s unclear if the Supreme Court will even take up the case.

Trump Administration Rescinds Obama Era Guidelines On Transgender Students

Not surprisingly, the Trump Administration has revoked guidelines to public schools that required accommodation of transgender students.

No, The Electoral College Is Not Unconstitutional

Wherein a law professor makes the absurd argument that the Electoral College, which exists pursuant to the Constitution, is unconstitutional.

Donald Trump Opposes Flag Burning, Supports Burning The Constitution

Donald Trump resurrects an old debate and desecrates the Constitution in the process.

Donald Trump Shrugging Donald Trump Shrugging

Is Trump About To Flip-Flop On Immigration?

A report over the weekend raises questions about whether or not Donald Trump is changing positions on a central tenet of his campaign.

Supreme Court Upholds Affirmative Action Based College Admissions Program

In a somewhat surprising opinion from Justice Kennedy, the Supreme Court upheld the University of Texas’s race-based admissions program.

SCOTUS Declines To Review Case Challenging New York, Connecticut Gun Control Laws

Continuing a pattern that began six years ago, the Supreme Court has again declined to hear an appeal in a case involving a challenge to state gun control laws.

Court Of Appeals Rules 2nd Amendment Does Not Guarantee Right to Carry Concealed Weapons

The 9th Circuit Court of Appeals deals a setback to the gun rights movement.

New Jersey Judge Rules Ted Cruz Is A “Natural Born Citizen”

A New Jersey judge, along with a Judge in Pennsylvania, is among the first to rule on the meaning of the ‘natural born citizen’ clause.

Divided Supreme Court Hears Arguments On Affirmative Action In University Admissions

A divided Supreme Court heard argument today in a case involving affirmative action in college admissions that is before the Court for the second time in two years.

Supreme Court Hears Oral Argument On Meaning Of ‘One Person, One Vote’ In Redistricting

The Supreme Court heard oral argument today in a case that could have big implications for redistricting, and the make-up of state legislatures and the House of Representatives.

Some Thoughts on the Pending One Person, One Vote Case

I am having a hard time seeing a system of districts based on eligible voters and not simply population.

On The Syrian Refugee Issue And The Internment Of Japanese-Americans During World War II

Remarks by a Democratic politician in Virginia regarding the Administration’s Syrian refugee program have brought up disturbing reminders of a shameful time in American history.

The Supreme Court Begins A New Term With Several Politically Charged Cases

The marriage equality issue is resolved, but that doesn’t mean the Supreme Court won’t have a lot of high profile cases on its docket over the next eight months.

Another Walker Flip-Flop On Immigration Amid Crashing Poll Numbers

Scott Walker is flip-flopping on immigration again, while his poll numbers sink like a stone.

Walker, Jindal, And Graham Endorse Donald Trump’s Plan To End Birthright Citizenship

It will never actually happen, of course, but some of Donald Trump’s fellow candidates for President have been eager to endorse his idea to abolish birthright citizenship.

Federal Appeals Court Strikes Down Texas Voter ID Law

A Federal Appeals Court has dealt a setback to Texas in the battle over its Voter ID Law.

Texas Is Being Sued For Refusing To Issue Birth Certificates To American Citizens

Despite the clear language of the 14th Amendment, Texas is apparently refusing to issue birth certificates to some children born in the United States whose parents happen to be in the country illegally.

The Party of Reagan on Immigration

A 1980 debate between Ronald Reagan and George H.W. Bush shows a different GOP.

Kentucky Clerk Sued For Refusing To Issue Licenses For Same-Sex Marriages

A County Clerk in Kentucky is being sued because she thinks she can refuse to do her job and still keep that job.

Supreme Court Agrees To Wade Back Into The Affirmative Action Debate

The Supreme Court agreed yesterday to wade back into the thorny issue of race and higher education.

The Supreme Court as Sitting Constitutional Convention

Debating the proper role of the judiciary.

On Constitutional Language

Wherein I take the view that as our understanding of language changes, so too does our application of the Constiution.

From Loving, To Windsor, To Obergefell, Liberty And Equality Prevail At The Supreme Court

The Supreme Court has issued a ruling whose roots can be found in case law going back half a century.

Supreme Court Rules Constitution Guarantees Gay Marriage

The US Supreme Court has ruled 5-4 that the U.S. Constitution contains a right to same-sex marriage.

Republicans Are Talking About Eliminating Birthright Citizenship Again

Republicans on Capitol Hill are talking about fundamentally changing what it means to be an American, and it’s a bad idea.

Same-Sex Marriage Gets Its Day At The Supreme Court

A sharply divided Court heard argument today on an issue that has sharply divided the nation.

Once Again, It’s The Eve Of History At The Supreme Court

Tomorrow promises to be an historic day at the Supreme Court, but it’s been a long legal, political, and social battle.

The Bright Side of RFRA

We’re down to debating whether bigots should have to sell cakes to gay people.

Indiana To Give Religious Business Owners The Right To Discriminate Against Gays

Indiana is about to become the latest state to grants special rights to religious business owners.

Supreme Court Agrees To Hear Same-Sex Marriage Cases

The two decade long argument over same-sex marriage appears headed for its final legal showdown.

Americans Oppose Unilateral Executive Action On Immigration, But Support Immigration Reform

A new poll provides some interesting context to the political context to the President’s expected executive action on immigration.

Latest Round Of Same-Sex Marriage Appeals Arrive At Supreme Court

The process that seems likely to lead to a Supreme Court ruling on same-sex marriage has begun.

With The Midterms Done, Will Republican State Legislators Revisit Electoral College “Reforms?”

After the 2010 elections, several newly Republican state legislatures flirted with the idea of changing the way their state allocates Electoral Votes. The outcome of last weeks elections raises the possibility that this could happen again.

Gun Rights, Mental Health, And A Denial Of Due Process

New York State’s gun law takes rights away from nearly 35,000 people without any due process whatsoever.

Texas Attorney General Makes A Particularly Silly Argument Against Same-Sex Marriage

Texas Attorney General Greg Abbott has made an incredibly weak argument in favor of his state’s ban on same-sex marriage.

Federal Judge Voids Changes In Ohio Early Voting Law In A Troubling Decision

A Federal Judge in Ohio has issued a very troubling ruling on that state’s early voting law.

Seventh Circuit Strikes Down Indiana And Wisconsin Bans On Same-Sex Marriage

Another Federal appellate Court has struck down state law bans on same-sex marriage, but the only thing that matters now is the Supreme Court.

Federal Judge Upholds Louisiana Ban on Same-Sex Marriages

A lower court judge has upheld the Louisiana Constitution’s limitation of marriage to “one man and one woman.”

Same-Sex Marriage Suffers A Legal Setback In Tennessee

A trial court judge in Tennessee is the first jurist since the Supreme Court’s decision in U.S. v. Windsor to uphold a ban on same-sex marriage

Federal Appeals Court Strikes Down Virginia’s Same-Sex Marriage Ban

Another Circuit Court of Appeals has weighed in on the marriage equality debate.

10th Circuit Strikes Down Oklahoma’s Ban On Same-Sex Marriage

Another step closer to the Supreme Court.