On Discussing and Analyzing the Trump Presidency

An attempt at defining the conversation.

Vulnerable Republican Senator Speculates That Justice Kennedy Will Retire This Year

Once again, there’s speculation in Washington that Justice Anthony Kennedy could retire this year.

The State Of The Union Address Is Unnecessary and Irrelevant

Do yourself a favor and skip the State Of The Union Address tonight. You won’t be missing anything important.

Pennsylvania Supreme Court Strikes Down House District Map Due To Partisan Gerrymandering

Another win for forces fighting partisan Gerrymandering.

Supreme Court To Hear Case Dealing With Sales Taxes On Online Purchases

Late last week, the Supreme Court agreed to hear a case involving the question of whether online and out-of-state businesses can be required to collect sales taxes in states with which they have no connection.

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.

Rex TIllerson Throws Trump Under The Bus Over Charlottesville Response

Donald Trump’s Secretary of State is refusing to defend his response to the violence in Charlottesville.

Chicago To File Suit Against Trump’s War On So-Called “Sanctuary Cities”

Chicago is joining the growing list of jurisdictions challenging the Administration’s policy on sanctuary cities.

Two Years After Obergefell, Public Support For Same-Sex Marriage Hits Another High

Two years after the Supreme Court’s landmark ruling, nearly two-thirds of Americans support the idea of legal marriage rights for gay and lesbian Americans.

Macron and Le Pen Advance To Runoff In French Presidential Election

French voters face a stark choice in the May 7th runoff for President. Hopefully, they’ll make the correct choice.

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.

With Gorsuch Hearings Set To Begin, It’s Democrats Who Are In The Hot Seat

Judge Neil Gorsuch’s confirmation hearings begin Monday morning, but it’s Senate Democrats who are in the hot seat.

Washington Supreme Court Rules Against Florist Who Refused Service To Same-Sex Wedding

The Washington State Supreme Court has ruled against a florist who refused to provide services for a same-sex wedding.

Tweeting A Cancelled Meeting

Trump’s tweet may have been casual bluster posted while sitting at the breakfast table (presumably eating Wheaties®—The Breakfast of Champions). We can’t know. And finally it matters not because what really matters is that it was taken at face value by President Peña Nieto.

Donald Trump Opposes Flag Burning, Supports Burning The Constitution

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

Sharply Divided Supreme Court Hears Argument In Challenge To Obama’s Deportation Relief Plan

The Supreme Court heard oral argument in the case challenging the President’s deportation relief plan, but it’s unlikely we’ll see a ruling on the merits.

Senate Republicans Vow No Hearings On Supreme Court Nominee From President Obama

Notwithstanding polling that indicates the American public disagrees with them, Senate Republicans emerged from a meeting today largely united on the idea of not giving any Supreme Court nominee named by President a hearing, or even the courtesy of a meeting.

Supreme Court Appears Poised To Hand Major Defeat To Public Employee Unions

After oral argument today in a high profile case, it appears likely that public employee unions are likely to suffer a major legal defeat later this year.

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.

Court Declines To Hear Case Involving Chicago Suburb’s Assault Weapons Ban

The Supreme Court has declined to accept an appeal challenging a law barring certain types of so-called ‘assault weapons’ in a Chicago suburb.

Donald Trump Once Again Refusing To Rule Out Running As An Independent

Two months after seemingly promising to remain loyal to the Republican Party, Donald Trump is again refusing to rule out an independent run for the White House next year.

Federal Judge Allows Part Of House Lawsuit Against Obama Administration To Proceed

A Federal Judge has ruled that part of a lawsuit filed by the House of Representatives can go forward, but the legal battle is far from over.

EEOC Finds That A 50 Year Old Law Bans Something It Doesn’t Even Mention

Relying on a particularly strained and incredulous legal analysis, the EEOC has ruled that laws against discrimination based on gender also bar discrimination based on sexual orientation.

Supreme Court Approves States Outsourcing Redistricting to Commissions

SCOTUS has upheld the use of election commissions to draw Congressional district lines.

Have Republicans Given Up In The Fight Against Obamacare?

Five years after it became law, the Republican effort to repeal the Affordable Care Act appears to be over.

Supreme Court Justices Skeptical Of Non-Legislative Redistricting

The Supreme Court seems likely to strike down state laws that take redistricting completely out of the hands of state legislatures.

Federal Judge Kind Of, Sort Of Finds Obama’s Immigration Action Unconstitutional In Poorly Reasoned Decision

A Federal Judge has issued a ruling that sort of says that President Obama’s Immigration action is unconstitutional. Except it’s poorly reasoned, and apparently not legally binding on anyone.

Sony Seeks To Scare Press Away From Publishing Information Obtained in Hacking Attack

Sony is warning the press not to publish material leaked by hackers, but it doesn’t have much of a legal leg to stand on.

Texas, 16 Other States, File Lawsuit Over Obama’s Immigration Executive Action

Texas has joined with 16 other states in a lawsuit against the Obama Administration over the President’s executive action on immigration. At first glance, it doesn’t appear to have much legal merit.

Egyptian Court Drops Charges Against Mubarak, Further Cementing Renewed Military Rule

Well, so much for that “people’s revolt” that brought down a military dictator.

Supreme Court To Try To Draw Line Between Free Speech Online And Criminal Threats

Next week, the Supreme Court will be asked to determine the line between free speech online and criminal threats

Obama’s Executive Action, The Law, And The Constitution

On a preliminary examination, the President’s executive action on immigration appears to be within the boundaries of applicable law. However, as with other exercises of Executive Branch authority, it raises some important concerns about the precedent that it sets.

White House Hints At Content Of Obama’s Executive Action On Immigration

The White House is now leaking out details of what seems like an inevitable decision by the President. How it plays out politically, though, is the big question.

Supreme Court Blocks Wisconsin Voter ID Law, But Will Likely Uphold It In The End

Opponents of Voter ID laws should not get too excited over the fact that the Supreme Court has stayed Wisconsin’s law from going into effect for now.

Has Obama Institutionalized Bush’s Worst?

Dan Froomkin says Obama is as bad as Bush, if not worse.

Federal Court Of Appeals Rejects New Constitutional Challenge To Obamacare

A Federal Appeals Court has rejected a challenge to Obamacare based on a somewhat obscure provision of the Constitution.

On Foreign Policy, Conservatives Should Leave Ronald Reagan Behind

Relying on the policies of a man who was President in a very different time is not a substitute for a rational foreign policy.

Previewing Tomorrow’s Hobby Lobby Decision

The Supreme Court has saved the biggest case of the term for its last day.

California Judge Rules Teacher Tenure Unconstitutional

A landmark ruling out of California that could help propel a real debate on education reform.

Fort Hood vs Benghazi?

James Oliphant asks, “Why Hasn’t the GOP Treated Fort Hood Like Benghazi?”

Supreme Court Thinking About Whether People Can Be Fired For Telling Truth Under Oath

A bizarre case in Alabama highlights a more bizarre judicial precedent.

Supreme Court Justices Try To Balance Technology, Privacy, And The 4th Amendment

Today’s oral argument before the Supreme Court on the issue of police searches of cell phones and smartphones left much up in the air.

Supreme Court Upholds Michigan Referendum Banning Affirmative Action In Higher Education

The Supreme Court may have just found a way to end the debate over Affirmative Action in education.

The Ukrainian Situation: I Yam What I Yam

There are lots of different ways of looking at the situation in Ukraine—historical, game theoretical, and interpersonal perspectives.

Supreme Court Declines To Hear About “I ♥ Boobies” Bracelets

The Supreme Court turns down a case dealing with student’s First Amendment rights.

Ninth Circuit Strikes Down California Law On Carrying Guns In Public

Another Circuit Court finds that the Second Amendment protects a right to carry a weapon in public.

Federal Judge Strikes Down Florida Law Requiring Drug Tests For Welfare Benefits

From Florida, a small victory for Fourth Amendment rights.

Federal Court Upholds Most Of New York State Gun Control Law

A Federal Judge in New York upholds, for the most part, that state’s new gun control law.