GAME CHANGER: THE GORSUCH NOMINATION GOES TO CAPITOL HILL

ap17024739756097donald_trump_president-elect_portrait_croppedBelow is my column in The Hill newspaper on the nomination of Tenth Circuit Neil Gorsuch.  If President Trump sought to change the subject from immigration, I doubt this will do it. However, as I discuss in the column, if he sought to quiet restless Republicans over a truly dreadful performance of the Administration in the first week, the nomination should do so. He is a jurist with impeccable credentials and will be very impressive in the upcoming hearings.  He is, to put it simply, a game changer.

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TRUMP NOMINATES NEIL GORSUCH FOR THE UNITED STATES SUPREME COURT

ap17024739756097President Donald Trump has made his choice for the Supreme Court and it is Tenth Circuit Judge Neil Gorsuch, 49.  With the selection, President Trump would be submitting a jurist with unassailable credentials and proven intellect.  He is also someone with a proven conservative record, though there are a few blind spots for those who want a nominee vaccinated against what conservatives view as the David Souter virus — a creeping condition where a conservative gravitates to the left of the Court with time.  Last night, The Hill newspaper ran my column on Gorsuch and his unquestioned qualifications.

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Trump Fires Acting Attorney General Over Refusal To Defend Executive Order

sally_q-_yatesdonald_trump_president-elect_portrait_croppedPresident Donald Trump fired acting Attorney General Sally Yates Monday night for “refusing to enforce a legal order designed to protect the citizens of the United States.”  As I stated on “Morning Joe” this morning, Trump clearly has the right to fire Yates.  Indeed, Yates’ action (and rationale) contradicts long-standing Justice Department policies on such issues.  Despite my personal opposition to this executive order, I believe that Yates was mistaken to take this action and that it does not serve the interests of justice to obstruct efforts to have this matter fully litigated before a court for independent review.

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Is The Trump Executive Order on Refugees Unlawful?

donald_trump_president-elect_portrait_croppedI previously discussed how President Donald Trump has the advantage in a constitutional challenge of this executive order suspending entry for refugees and imposing special limitations on seven stated countries.  As I have noted, this does not mean that there are not legitimate questions raised, particularly over the express preference to be given “religious minorities” under the order. However, the case laws heavily supports a president’s plenary power over such border controls.  There remains however a question over whether the law could be constitutional under a president’s inherent authority but still unlawful under statutory authority.  Most of that argument centers on the Immigration and Nationality Act of 1965, which bars discrimination based on nationality or place of origin.  There are clearly compelling arguments on both sides of this question, but once again I believe that critics may be overstating the 1965 law as making the executive order facially invalid.  As I have repeatedly stated since this executive order was signed, I believe it was a terrible mistake, poorly executed, and inimical to our values as a nation.  However, legal analysis by a court should not be influenced by such personal viewpoints.  The question is solely whether the president is barred statutorily from taking this action.

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Giuliani: Trump Told Me He Wanted A “Muslim Ban”

rudy_giuliani_by_gage_skidmoreThe Trump Administration has maintained that the new executive order on refugees is not a Muslim ban.  It is a compelling argument given the fact that only seven Muslim countries are singled out.  Yet, Administration lawyers will have to deal with countervailing statements from President Trump that he wants to give preference to Christians as refugees.  Now Former New York City Mayor Rudy Giuliani (R), a close confidant to President Trump, may have magnified the problems with an interview where he discusses how President Trump asked him to craft “Muslim ban.” 

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Northwestern Transgender Student Seeks Entry To Sorority

imgres-1Northwestern University is facing an interesting controversy that captures the new reality for schools in dealing with alternative gender identifications.  A freshman at the school was born a female but now identifies as a male.  Adam Davies wants to participate in Greek life but is not ready to join a fraternity. So Davies has asked to join a sorority as a male with a female body.  He insists that his interest “transcends the gender binary” but some have objected to leaving such choices to the individual’s determination on gender.

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