Category: Supreme Court

Ginsburg Declares ERA Dead And Calls For New Campaign

I have long criticized Supreme Court Justice Ruth Bader Ginsburg for making comments on political issues to liberal and academic groups.  While not unique on the Court in what I have called the era of “celebrity justices”, Ginsburg is something of recidivist in abandoning the long-standing avoidance of political discussions by justices as well as issues that are likely to come before the Court.  Despite repeated controversies in speaking publicly on political issues, Ginsburg is clearly undeterred.  This week, Ginsburg tripped both wires in discussing a matter in litigation and heading toward the Court while encouraging what would be a political campaign for a new constitutional amendment. As we have discussed, there is currently litigation over whether the Equal Rights Amendment was ratified by the recent vote in Virginia. Ginsburg did not wait for the appeal and announced that the ERA is dead. She then called for a new ERA movement. Both statements were inappropriate, but the statement on the status of the amendment was wildly at odds with standards of judicial restraint and ethics.

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Supreme Court Rules That Trump Administration Can Go Forward With Public Charge Rule Of Immigrants

The Supreme Court delivered a major, if temporary, victory for the Trump Administration in the immigration field. The Administration has sought to implement the “public charge rule,” that would allow the denial of immigrants who will rely on public assistance, including most forms of Medicaid, food stamps and housing vouchers. In a brief order, the Supreme Court voted 5-4 to lift a nationwide injunction and allow the rule to be implemented while litigation continues.

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How The Supreme Court Could Be Pulled Into The Trump Impeachment

Supreme CourtBelow is my column in the Washington Post on the real possibility that the Supreme Court could be pulled into the Senate impeachment trial if witnesses are allowed. If you hated Bush v. Gore, this could be one sequel that you will not want to see.  Certainly few on the Court are eager to play a role in the possible removal of an American president.

Here is the column: Continue reading “How The Supreme Court Could Be Pulled Into The Trump Impeachment”

Supreme Court Lifts Injunctions On Trump Asylum Policy In Reversal Of Lower Courts

The Supreme Court handed The Trump Administration a major win yesterday by lifting all injunctions on the new Trump asylum policy being enforced. That policy could result in a drastic reduction of asylum claims along the Southern Border since anyone who passes through another country like Mexico would have to first seek asylum in that country. The ruling is also a strong rebuke to the lower courts, particularly United States District Court Judge Jon Tigar in San Francisco who issued multiple orders to try to impose a national injunction.

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GW Holds Annual Supreme Court Review

I will be again joining a distinguished panel of experts at George Washington University this morning to kick off the new Term of the Supreme Court. The Supreme Court review will convene in the Jacob Burns Moot Court Room of the George Washington Law School at 9 am EDT (13:00 GMT/UTC)  We will be discussing a number of leading cases this term as well as the current Court make-up.

 A livestream will be available via the GW Law Facebook page. A link to more information is available here.

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HuffPost and Senior Reporter Sued Over Kavanaugh Story

There is an interesting defamation case out of the Kavanaugh confirmation hearings. Professor Derrick Evans is suing Huffington Post for a September 2018 story on U.S. Supreme Court Justice Brett Kavanaugh and partying at Georgetown Prep school. The article alleged that Evans committed drug offenses in scoring drugs for friends, particularly cocaine. The most extraordinary — and potentially defamatory — claim was that Evans and his friend Douglas Kennedy not only regularly bought and distributed cocaine but supplied the cocaine in April 1984 that killed Douglas’ brother, David.

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Supreme Court Rules In Favor Of Trump On Funds For Border Wall

The Supreme Court ruled 5-4 on Friday in favor of the use of military funds for building new wall sections along our Southern Border. When the challenge was filed, I expressed doubt over its chances and said that I thought it would fail before the Supreme Court. It now has and the Trump Administration has a lot of money to build a lot of wall . . . just in time for the 2020 election cycle.

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The Life and Legacy of John Paul Stevens

Below is my column in the Washington Post Sunday on the legacy of Supreme Court Justice John Paul Stevens. With roughly 35 years on the bench, he was the nation’s second oldest and third-longest serving justice.

Stevens will lie in repose at the Supreme Court on Monday. On Tuesday his funeral will be held and he will be buried at Arlington National Cemetery. I expect he would have preferred center field at Wrigley but this is a strong second option.

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Farewell To John Paul Stevens

Below is my column in USA Today on the passing of Associate Justice John Paul Stevens. I have another column appearing today in the Sunday Washington Post’s Outlook Section. I remain surprised by the comparatively light coverage of the passage of this great man who gave so much to the country. I disagreed with Stevens on various cases, but I always held him in the highest regard as a person and as a jurist.

Here is the column:

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Washington Owes Neil Gorsuch An Apology

Below is my column on the end of the Supreme Court term and the one outstanding piece of business: an apology to Associate Justice Neil Gorsuch. After this column ran, Gorsuch again voted with the liberal justices on a critical due process issue. He has already carved out a principled legacy on the Court that follows his convictions rather than the predictions of his critics.

Here is the column:

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Supreme Court: No Constitutional Guarantee Of “Painless Death” In Executions

In a major 5-4 ruling on Monday, the United States Supreme Court ruled Monday that the Eighth Amendment does not guarantee a “painless death” in capital punishment. The opinion, written by Justice Neil Gorsuch, returned to the origins of the amendment and concluded that Russell Bucklew’s rare medical condition raising the danger of hemorrhage and choking does not constitute a constitutional barrier to execution. The opinion is Bucklew v. Precythe. 

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It’s A Wonderful Libel? Trump Suggests Legal Action Against SNL For Latest Skit

I have previously criticized President Donald Trump for his calls for greater liability of the media for its coverage of the controversies surrounding his Administration.   This weekend, Trump was again suggesting the need for legal review as he was excoriated by Saturday Night Live in a skit based on the classic Christmas movie “It’s a Wonderful Life.”  Fortunately, the courts have maintained core free speech and free press protections from such assaults, particularly in the realm of comedy and parody.  

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Roberts’ Rebuke of Trump Rings Hollow, Given Justices’ Conduct

Below is my column in the Hill newspaper on the recent public statement issued by Chief Justice John Roberts.  While I am entirely sympathetic with the statement (which is also true) about the unfairness in referring to “Obama judges” ruling against the Trump Administration, the public rebuke only highlighted the glaring disconnect in Roberts’ defense of apolitical courts and his deafening silence over the conduct on his own Court.

Here is the column: Continue reading “Roberts’ Rebuke of Trump Rings Hollow, Given Justices’ Conduct”

Turley To Speak On Thursday At National Press Club On Presidential Removal Under The 25th Amendment

pj_site_2I have the pleasure of speaking at the National Press Club on Thursday about the use of the 25th Amendment to remove an American President.  In light of my debate on Monday in Dallas on the standard of impeachment with CNN’s Jeff Toobin, there certainly does seem a theme, or at least a focus, in these events after the midterm elections.  Organized as a a National Press Club Headliners event featured an impressive array of panelists.  The event is entitled “Presidential Jeopardy: Impeachment, Indictment and the 25th Amendment” and will be held on Thursday, November 15, 2018, 10:00-11:00 a.m. at the Bloomberg Room of The National Press Club, 529 14th Street, NW, 13th Floor Continue reading “Turley To Speak On Thursday At National Press Club On Presidential Removal Under The 25th Amendment”