I recently published a column in the Los Angeles Times on reforming the Supreme Court with three fundamental changes that could be accomplished without a constitutional amendment. Below is a longer version of that column on the three reforms and their implications.
Below 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.
Continue reading “GAME CHANGER: THE GORSUCH NOMINATION GOES TO CAPITOL HILL”
President 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.
Continue reading “TRUMP NOMINATES NEIL GORSUCH FOR THE UNITED STATES SUPREME COURT”
President 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.
Continue reading “Trump Fires Acting Attorney General Over Refusal To Defend Executive Order”
I 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.
Continue reading “Is The Trump Executive Order on Refugees Unlawful?”
The 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.”
Continue reading “Giuliani: Trump Told Me He Wanted A “Muslim Ban””
Late Friday, President Donald Trump carried out one of his primary campaign promised this week with a suspension on the entry of all refugees to the United States and an order for “extreme vetting” as a condition for entry for some foreign citizens. The order below specifically suspends entry of all refugees to the United States for 120 days, bars Syrian refugees indefinitely, and blocks entry into the United States for 90 days for citizens from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The order had immediate impact on travelers who were denied entry to the United States and held at some airports like JFK. Lawsuits have already been filed challenging the executive order but those challenges will face a considerable challenge in seeking an injunction by a federal court.
Continue reading “Is The Trump Executive Order On Refugees Constitutional?”
It appears that teachers are having a difficult time keeping their political views out of classroom. Recently, an Alabama teacher was put on suspension for projecting an image of Obama with “You’re fired” after the election. Now, on the other side of the political spectrum, a Texas high school art teacher has been placed on administrative leave after video surfaced showing her “shooting” the image of President Donald Trump in a classroom while screaming, “Die!”
Continue reading “Teachers In Alabama and Texas Suspended After Anti-Obama and Anti-Trump Displays”
Northwestern 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.
Continue reading “Northwestern Transgender Student Seeks Entry To Sorority”
Timothy Ciboro and his son, Esten Ciboro, both of Toledo, are living proof that extremism is not confined to any one religion. The two men are accused of a horrific series of crimes that involved the confinement of a teenage girl and repeatedly raping her. The girl, who was kept shackled in the basement is Timothy Ciboro’s stepdaughter. She managed to unshackle herself and flee. With the trial about to begin, the two men have refused counsel and demanded that they be able to introduce the Bible as the only authority that they recognize.
Continue reading “Ohio Father and Son Demand To Use Bible As Defense To Alleged Serial Rape and Kidnapping Charges”
I regret to report that a few minutes ago, the United States Supreme Court denied the petition for review filed in the “Sister Wives” case. The case is Brown v. Buhman, No. 14-4117. As lead counsel for the Browns, I was joined on the petition by co-counsel Thomas Huff and Adam Alba. My prior assistants, including my current assistant Seth Tate, and law students worked countless hours into many late nights to maintain this litigation. We are greatly in their debt for their pro bono work on this case. The attorneys and law students who worked on this case came from different religions and held different values. Many disagreed morally with plural families. However, we all believed strongly that every family has a fundamental right to follow their own faiths so long as they did not harm others. We all believed that the Browns were denied those rights when they are singled out for public condemnation and criminal investigation due entirely to their public support for plural marriage. It is particularly difficult to prevail on the merits in establishing constitutional violations only to be reversed on standing issues on appeal. However, our victory in Salt Lake City will remain as a cautionary decision for legislators who wish to marginalize or sanction this community in the future.
I also wanted to extend my deepest gratitude and respect to the Brown family which allowed us to represent them in this historic action. The Browns remained steadfast in their commitment to equal rights and have become the voice for not just plural families but many families which do not meet the strict definition of monogamy practiced by the majority of citizens. The Browns have kept their show and this litigation largely separate to allow the courts to fully consider the merits of our case without interference or aggrandizement. They continue to have faith in our country and our legal system despite this decision. More importantly, they have faith in the right of all families to enjoy the protections of our Constitution and will continue to fight to make that promise a reality for plural families throughout the country.
Continue reading “SUPREME COURT TURNS DOWN SISTER WIVES PETITION”
I have been discussing the likely confrontation between the Trump Administration and various “sanctuary cities” which have pledged not to cooperate with federal authorities in the deportation of illegal immigrants. I believe that cities like New York City will face a rude awakening when they calculate just how much they received in federal grants that could be withheld by Attorney General Jeff Sessions or the Administration. Now that scenario is playing out in Texas where Gov. Greg Abbott is threatening to cut funding for Travis County after Sheriff Sally Hernandez announced the county would be scaling back its cooperation with federal immigration. Hernandez could trigger a perfect storm of having both state and federal fundings cut back in a county that is deeply dependent on such funding.
Continue reading “Texas Governor Moves Against Sanctuary County”
For those brave reformers who have struggled to introduce the semblance of a true judiciary and the rule of law in China, the recent interview of Chief Justice Zhou Qiang must have been devastating. Zhou told lawyers and judges that they needed to avoid the temptation of the West in wanting an independent judiciary that follows the rule of law. With that, Zhou placed himself in history as a voice for injustice — a lawyer who committed his life to fighting against the law.
There is an interesting case out of San Francisco where an illegal immigrant from El Salvador is suing San Francisco after police turned him over to United States Immigration authorities. Pedro Figueroa Zarceno, 32, alleges that the police violated the law by helping the federal authorities in the enforcement of the law. He relies on the controversial municipal law barring municipal employees from cooperating with federal immigration authorities seeking to deport a person.
Below is today’s column in USA Today on the protests against President-Elect Donald Trump and why, despite having a house full of family members and friends who have come to protest Trump, I will not be joining them. Instead, I will be home with my kids as we have been in every inauguration – celebrating the peaceful transfer of power in our democracy and wishing the newly elected president (and our country) the best with an inaugural toast. I criticized Trump (and Hillary Clinton) during the campaign (and I will not hesitate to criticize Trump again for policies or actions that I disagree with). However, I find the claims of illegitimacy and attacks this week to be highly disturbing. I totally respect the right of people to come to protest Trump and his policies. However, there appears to be a concerted effort to delegitimize his presidency and create a type of political mythology about this election.
In this column I discuss that mythology and, more importantly, the meaning of the day of inauguration for many of us. Regardless of my criticism of both Trump and Clinton, I always knew that on January 20th I would raise a glass to the 45th President of the United States and wish him or her . . . and us . . . the best of luck in the coming years. It is a time when we reaffirm our commitment not so much to a politician but to each other. We reaffirm a common article of faith that, despite our disagreements and divisions, we remain one country joined by our belief in democratic transition and government. There is much to celebrate this week as a glance around the world at places like Gambia will readily confirm. Donald Trump will be the 45th President. Our President.
Continue reading “WHY I WILL NOT BE JOINING THE PROTESTS AGAINST PRESIDENT DONALD TRUMP”
