Category: Media

Media, Politics, Society, Uncategorized

Poll: Americans Split Evenly Over Repeal Of Obamacare

800px-Capitol_Building_Full_ViewWith the rollout of the new GOP health care law, a new CNN/ORC poll shows that the nation remains deeply divided on the issue. Indeed, little has changed since Obamacare was first passed by a handful of votes.  Some 50% of people oppose the removal mandatory health care coverage while 48% are in favor of such a change.  While some have called the new plan “Obamacare-lite,” it is clearly a repeal and massive change in the existing law.  The thumping heart of Obamacare is the individual mandate and this plan would drive a stake through it.

Continue reading “Poll: Americans Split Evenly Over Repeal Of Obamacare” →

Constitutional Law, Courts, International, Media, Politics

TRUMP SIGNS NEW IMMIGRATION EXECUTIVE ORDER

donald_trump_president-elect_portrait_croppedThe Trump Administration has issued a new executive order on immigration.  As expected, the second order removes some of the most controversial provisions of the first order and tightens the language.  Iraq has been dropped from the list of countries subject to the 90 day ban. However, there will be additional security of Iraqi nationals. That would leave Iran, Somalia, Sudan, Yemen, Syria and Libya.  The permanent ban on entry of Syrians has been removed. There is still a limit on all refugees to 50,000 — a 50 percent cut.  Current VISA holders and permanent residents are exempted.  Notably, this travel ban will be implemented on March 16 and the order will be dated to run from the date of the original executive order (which was .  Finally, the preferential treatment afforded to religious minorities has been removed.

The new order removes the edges from the rather casual drafting of the first order.  As I previously noted, good lawyering rarely changes the outcome of litigation but bad lawyering can.  The first order reflects remarkably bad lawyering — if indeed it was drafted primarily by lawyers.  Of course, this still distinguishes between people based on their nationality — the core of the challenge of the earlier litigation.  Thus, it is likely that this will face new challenges — or attempts to amend earlier complaints.  The rollout with the Secretary of State, Homeland Security Security, and the Attorney General shows a significant change in the level of professionalism from the more improvisational effort of the original order.  It was a surprisingly sharp learning curve but the A-Team appears to have shown up to defend this order.  The new order is below.

Continue reading “TRUMP SIGNS NEW IMMIGRATION EXECUTIVE ORDER” →

Academia, Columns, Congress, Criminal law, International, Media, Politics, Uncategorized

Hacking and the Politics of Moral Outrage

The_ScreamWith the chorus of calls for an “independent counsel” or “special prosecutor” to investigate the Russian hacking scandal, there has been one element that remains rather ambiguous: what is the specific crime to be investigated?  Clearly there is the hacking but that crime is well-known and was committed by Russians who are unlikely to be subject to any real investigation.  A special counsel, as opposed to a bipartisan commission, would require the articulation of a crime and the basis for the investigation.  I am all in favor of independent investigations of this and other issues. However, if we are going to move beyond a special commission to special counsel we need to have more evidence and a notion of what we are investigating. That may come but we are not there yet.  Below is my column in The Hill Newspaper on the subject — and the moral outrage over hacking.

Continue reading “Hacking and the Politics of Moral Outrage” →

Constitutional Law, Media, Politics

First Amendment Experts Call For Lawsuit Based On The Exclusion Of Leading Media Outlets From Press Gaggle

sean_spicerI recently discussed an ethics complaint by law professors against presidential aide Kellyanne Conway that I viewed as facially political in character and lacking a substantive foundation. (Of course, this was before the “Couchgate” scandal) My reaction to a new proposed first amendment lawsuit by news media is little better. Democratic U.S. Rep. Carolyn Maloney and first amendment advocated joined in condemning the Trump Administration’s exclusion of some new organizations from a White House press briefing. I share their view that the exclusion was wrong and, with the recent attacks on the media by President Trump, contradict our core values as a nation that values the freedom of the press. However, I do not see a credible constitutional claim brought under the threatened lawsuit.

Continue reading “First Amendment Experts Call For Lawsuit Based On The Exclusion Of Leading Media Outlets From Press Gaggle” →

Courts, Free Speech, Media, Supreme Court

Ginsburg Again Publicly Discusses Political Issues With Renewed Criticism Of Congress, Praise for Protesters, and Hope For “Better Times”

225px-ruth_bader_ginsburg_scotus_photo_portraitI have long been a critic of Supreme Court justices embracing the era of what I have called “the celebrity justice.”  Justices are increasingly appearing before highly ideological groups and inappropriately discussing thinly veiled political subjects or even pending issues. She previously called President Trump as “faker.”  Supreme Court Justice Ruth Bader Ginsburg has been a notable recidivist in this type of conduct and does not appear to be deterred by criticism that she is undermining the integrity of the Court.  She is back at it with a new interview with the BBC.

Continue reading “Ginsburg Again Publicly Discusses Political Issues With Renewed Criticism Of Congress, Praise for Protesters, and Hope For “Better Times”” →

Academia, Media, Politics, Society, Uncategorized

Law Professors File Ethics Complaint Against Kellyanne Conway

A group of 15 ethics law professors from around the country has filed bar charges against  White House counselor Kellyanne Conway.  For full disclosure, Conway is one of my former students at  George Washington University Law School (she graduated in 1995).   The letter from 15 professors alleged ethical violations of government rules as well as  “conduct involving dishonesty, fraud, deceit or misrepresentation.”  Most of the allegations in the letter are, in my view, without merit and seem overtly political.  The one issue that has already been raised in Congress and has a legal foundation is the alleged endorsement of Conway of the product line of Ivanka Trump.  That is a technical violation of federal rules, but the question is whether it was a venial rather than mortal sin.  The “violation” was the result of a side comment by Conway on television criticizing the decision of Nordstrom to drop the line.  The White House Counsel’s office let it be known that Conway had been “counseled” over the infraction.  However, ethics charges should not be a form of politics by other means and, with all due respect to these accomplished academics, this letter strikes me as raising largely political objections to Conway’s work as a spokesperson for the Administration.

Continue reading “Law Professors File Ethics Complaint Against Kellyanne Conway” →

Congress, Media, Society

Poll: Sixty Percent of Voters Support Illegal Immigrants Staying And Applying For Citizenship

150px-CBS_Eyemark.svgA new CBS poll shows considerable opposition to the Trump Administration’s approach to immigration.  The poll confirms that immigration is the top issue in the minds of voters.  However, it also shows 60 percent of voters support the right of illegal immigrants being allowed to stay and achieve citizenship.  Some 58 percent oppose the building of the wall.

Continue reading “Poll: Sixty Percent of Voters Support Illegal Immigrants Staying And Applying For Citizenship” →

Bizarre, International, Media

Unmade Bed Goes For Over Three Million Dollars At Art Auction

Artist Tracey Emin said that she had an idea after a long bout in bed during a stressful relationship period. After four days, she looked at the bed and discarded vodka bottles and cigarette butts and decided that she had created art.  Many would say that her work is not art but an unmade bed. However, the work was put on the shortlist in 1999 for the prestigious Turner Prize and it has now been auctioned off for  £2.546 million.  That is over three million dollars for Emin’s unmade and stained bed.

Continue reading “Unmade Bed Goes For Over Three Million Dollars At Art Auction” →

Congress, Constitutional Law, Free Speech, Media, Politics, Society, Supreme Court

Congressman Moves To Sue House Over Removal Of Controversial Painting Depicting Police As Pigs

440px-wm-_lacy_clay_official_photo_2009painting-of-cops-as-animals-640x480-640x480We previously discussed the controversy over a painting by a constituent of Democratic Rep. William Lacy Clay that depicted police as pigs in Ferguson, Missouri.  As we discussed, the House had a right to remove the art and eventually did precisely that.  However, before that decision from the House, Rep. Duncan Hunter (R., Cal.) took down the painting.  Clay called for criminal charges.  When the painting was rehung, another Republican member removed it.  At the time, Rep. Cedric Richmond (D-La.), chairman of the Congressional Black Caucus, said “We may just have to kick somebody’s ass and stop them.  Then the architect stepped in and barred the hanging of the picture.  Now Clay has announced that he will file a lawsuit challenging the actions of the House of Representatives. It is hard to see a strong legal basis for such a challenge.  The odds heavily favor the House of Representatives in the action.

Continue reading “Congressman Moves To Sue House Over Removal Of Controversial Painting Depicting Police As Pigs” →

Congress, Constitutional Law, International, Media, Society

Executive Redux: Administration Set To Issue New Order On Immigration

donald_trump_president-elect_portrait_croppedWord on the street is that the Trump Administration is prepared to issue a new executive order on immigration.  While I have maintained that the law favors President Trump on this issue and I have been critical of the decision by the Ninth Circuit, I have also maintained that the original executive order was poorly written, poorly executed, and poorly defended.  A second executive order could reset the litigation and cut away a key (and in my view questionable) component of the Ninth Circuit opinion in expressly exempting green card holders.  The new order reportedly does precisely what many of us have suggested while keeping the majority of the prior order.  By retaining the same countries and imposing the same conditions, the new order would protect the Administration politically from allegations that the President has backtracked.  It would also leave the core basis for challenges on the merits of such travel limitations.  I will be speaking on Capitol Hill on Tuesday about the President’s executive order authority at the US Capitol Visitors Center at noon.

Continue reading “Executive Redux: Administration Set To Issue New Order On Immigration” →

Columns, Congress, Constitutional Law, Courts, Media, Politics, Supreme Court

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.

Continue reading “GAME CHANGER: THE GORSUCH NOMINATION GOES TO CAPITOL HILL” →

Columns, Media, Politics, Supreme Court

If Trump Seeks A Legacy On the Court, He Should Change The Court Itself . . . Not Its Membership

Supreme CourtThe Los Angeles Times has published my column on reforming the Supreme Court.  If President Trump truly wants to leave a legacy on the Court, he should focus not on changing the membership but changing the institutional itself. Continue reading “If Trump Seeks A Legacy On the Court, He Should Change The Court Itself . . . Not Its Membership” →

Congress, Constitutional Law, Courts, Justice, Media, Politics, Religion, Supreme Court

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.

Continue reading “TRUMP NOMINATES NEIL GORSUCH FOR THE UNITED STATES SUPREME COURT” →

Congress, Constitutional Law, Media, Politics

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.

Continue reading “Trump Fires Acting Attorney General Over Refusal To Defend Executive Order” →

Bizarre, Congress, Constitutional Law, Criminal law, Media

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.” 

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