Category: Courts

Constitutional Law, Courts, Politics

Federal Judge Rules Against Trump on Use of “Invasion” Powers to Expedite Deportations

In Washington, D.C., District Court Judge Randolph Moss has issued a notable decision against the Trump Administration in Refugee and Immigrant Center for Legal and Educational Services v. Noem. Judge Moss rejected the use of Trump’s January 20 “invasion” executive proclamation to block undocumented immigrants from pursuing asylum applications and other legal pathways. The court essentially rules that the Guarantee Clause of Article IV, Section 4 of the Constitution is something of a paper tiger, finding that states are protected from “invasion,” but affording the President no additional powers to carry out that guarantee. Continue reading “Federal Judge Rules Against Trump on Use of “Invasion” Powers to Expedite Deportations” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

The Chilling Jurisprudence of Justice Ketanji Brown Jackson

Below is my column in the New York Post on the controversial dissenting opinion of Justice Ketanji Brown Jackson in the injunction ruling in Trump v. CASA on Friday. The opinion seemed to fan the flames of “democracy is dying” claims of protesters, suggesting that basic limits on injunctive relief could result in the collapse of our core institutions. It was a hyperventilated opinion better suited to a cable program than a Court opinion. The response from Justice Amy Coney Barrett was a virtual pile driver of a rebuke. What was notable is that a majority of the justices signed off on the takedown. It could indicate a certain exasperation with histrionics coming from the left of the Court in recent years.

Here is the column: Continue reading “The Chilling Jurisprudence of Justice Ketanji Brown Jackson” →

Constitutional Law, Courts

Ninth Circuit Strikes Down California’s “1-in-30” Gun Rationing Law

A unanimous panel of the United States Court of Appeals for the Ninth Circuit has struck down California’s “1-in-30” gun rationing law as unconstitutional under the Second Amendment. The law restricted citizens to one gun purchase every 30 days and was based on a ridiculous rationale that was shredded by the three-judge panel. Continue reading “Ninth Circuit Strikes Down California’s “1-in-30” Gun Rationing Law” →

Courts, Politics

Ninth Circuit Rules for Trump on National Guard Deployment

California Gov. Gavin Newsom just lost a major ruling in the United States Court of Appeals for the Ninth Circuit, which ruled that President Donald Trump is likely to prevail in his deployment of National Guard troops. Newsom and various Democratic politicians have insisted that Trump’s order is unlawful and that Newsom has to agree to any request for deployment. The Ninth Circuit ruled on Thursday that Newsom does not have such a veto over deployments. Continue reading “Ninth Circuit Rules for Trump on National Guard Deployment” →

Constitutional Law, Courts, Politics, Supreme Court

The Supreme Court Delivers a Blow to Transgender Cases

Yesterday, the Supreme Court issued its 6-3 ruling upholding a Tennessee ban on transgender medical treatments for adolescents. The ruling has major implications for pending transgender cases, particularly the concurrence of Justice Amy Coney Barrett rejecting the claim that transgender status qualifies as a group entitled to heightened scrutiny under the Constitution.  One of those cases just resulted in a major ruling in Boston against the move by the Trump Administration to restore the binary options of “male” and “female” sex designations on U.S. passports. Continue reading “The Supreme Court Delivers a Blow to Transgender Cases” →

Courts, Justice, Politics

More Heat Than Light: New York Judge Blocks ICE Access to Rikers Island Over Alleged Adams Conflict

This week, New York Judge Mary Rosado issued an opinion in Council of City of N.Y. v. Adams. The court is blocking the city from allowing the federal government to maintain office space at Rikers Island. The reason is that Rosado agreed that Mayor Eric Adams had a conflict of interest and likely bargained away the access as part of a quid pro quo arrangement to get the Justice Department to drop criminal charges against him.  The opinion is quite extraordinary and, in my view, fundamentally flawed. The opinion generated more heat than light on the proper handling of a conflict of interest.

Continue reading “More Heat Than Light: New York Judge Blocks ICE Access to Rikers Island Over Alleged Adams Conflict” →

Constitutional Law, Courts

Second Circuit to Hear Trump Appeal from New York Criminal Case

Today, the United States Court of Appeals for the Second Circuit will hear oral arguments on a threshold issue in the criminal case against President Donald Trump in New York. The case is still pending in the New York court system after his sentencing, but  President Trump wants the case removed to federal court. He is relying on last year’s presidential immunity decision and arguing that Manhattan District Attorney Alvin Bragg tripped a wire by calling former White House aides as witnesses. Continue reading “Second Circuit to Hear Trump Appeal from New York Criminal Case” →

Constitutional Law, Courts, Supreme Court

Is DEI DOA? Supreme Court Unanimously Rejects Added Burden for Whites in Discrimination Lawsuits

Yesterday, the Supreme Court handed down three major cases with unanimous decisions. One, Ames v. Ohio Department of Youth Services, raises additional questions over diversity, equity, and inclusion (DEI) programs that have been widely used in higher education and businesses. There is no reason to believe that DEI measures are DOA, but the decision is likely to accelerate challenges based on reverse discrimination after the Court rejected the imposition of an added burden for members of any “majority group” including straight, white males. Continue reading “Is DEI DOA? Supreme Court Unanimously Rejects Added Burden for Whites in Discrimination Lawsuits” →

Courts, Criminal law, Politics, Supreme Court

Unfinished Business: FBI Moves to Reopen Dobbs Leak Investigation

Dan Bongino, the FBI’s deputy director, has announced that the bureau is reexamining the long-controversial investigations into the leaking of the Dobbs decision, the pipe bombs left on Jan. 6th and the cocaine found at the White House. All three investigations led to speculation over political influences on the unresolved outcome. I am aware of no credible evidence of such influence, but there is reason to hope that this reopening of the investigation into the Dobbs leak could bring accountability for the most egregious violation of ethics in the modern Court’s history.

Continue reading “Unfinished Business: FBI Moves to Reopen Dobbs Leak Investigation” →

Constitutional Law, Courts, Supreme Court

The Eminent Domain Racket: New Jersey Move to Condemn Church Could Put Court in a Pickle

This week, The New York Times reported that the town of Toms River, New Jersey, is moving to condemn the Christ Episcopal Church through eminent domain to build pickleball courts and a park. Church members claim that the move was retaliation for a planned homeless shelter at the site. The case could raise one of the most infamous cases of the modern Supreme Court in Kelo v. City of New London (2005). While some have suggested the possibility of a Kelo 2.0, this may not be the ideal case for such a challenge to the Supreme Court.

Continue reading “The Eminent Domain Racket: New Jersey Move to Condemn Church Could Put Court in a Pickle” →

Constitutional Law, Courts, Supreme Court

St. Isidore Loses By Default: Supreme Court Deadlocks on Major Religious Freedom Case

St. Isidore of Seville may have overcome every obstacle in bringing knowledge and education to the world, but he could not overcome a tie on the Supreme Court. With the recusal of Justice Amy Coney Barrett, St. Isidore of Seville Catholic Virtual School in Oklahoma City lost by default when the Court deadlocked on its constitutional challenge to being denied a charter in favor of secular schools. Tied 4-4, the result is that the lower court ruling stands against the school. Continue reading “St. Isidore Loses By Default: Supreme Court Deadlocks on Major Religious Freedom Case” →

Courts, Lawyering, Politics, Supreme Court

A Judge of Her Peers? Judge Dugan Assigned a Judge Previously Rebuked for Political Comments

Five years ago, I wrote about a federal judge who, in my view, had discarded any resemblance of judicial restraint and judgment in a public screed against Republicans, Donald Trump, and the Supreme Court. The Wisconsin judge represented the final death of irony: a jurist who failed to see the conflict in lashing out at what he called judicial bias in a political diatribe that would have made MSNBC’s Lawrence O’Donnell blush.

His name is Lynn Adelman. Continue reading “A Judge of Her Peers? Judge Dugan Assigned a Judge Previously Rebuked for Political Comments” →

Columns, Constitutional Law, Courts

Courting Controversy: Justices’ Side Commentaries Undermine the Supreme Court

Below is my column in The Hill on the controversy this month over extrajudicial comments made by Justices Sonia Sotomayor and Elena Kagan. These are only the latest such comments by justices that became distractions during the discussion of pending cases before the Court.

Here is the column: Continue reading “Courting Controversy: Justices’ Side Commentaries Undermine the Supreme Court” →

Res ipsa loquitur – The thing itself speaks