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Author Archives: Kevin Daley

Chief Justice Rejects Bid For Same-Day Audio In Census Citizenship Case

US Supreme Court

Chief Justice John Roberts rebuffed a bipartisan request to provide same-day audio for next week’s arguments in a much-watched dispute over the Trump administration’s bid to add a citizenship question to the 2020 census. A bipartisan coalition of congressmen sent a letter to the chief justice April 12, urging him to make audio of the argument available on the same ...

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Mueller Report ‘Inconclusive’ That Trump Knew Flynn Lied About Sanctions Call

Special counsel Robert Mueller’s report did not establish that President Donald Trump knew former National Security Advisor Michael Flynn discussed sanctions with Russian Ambassador Sergey Kislyak during the transition. Flynn was dismissed from the administration and subsequently pleaded guilty for lying about the substance of his conversations with Kislyak. “Some evidence suggests that the president knew about the existence and ...

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We Blushed Reading These Legal Briefs At The Supreme Court

US Supreme Court

The Supreme Court will hear arguments Monday over a provision of federal law that prohibits the government from registering vulgar trademarks. Erik Brunetti, the artist who founded the clothing line FUCT (pronounced like the past tense conjugation of a vulgar verb), is challenging a provision of the Lanham Act that bars the approval of scandalous and immoral trademarks. The Patent ...

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9th Circuit Deals Trump An Immigration Win. Yes, You Read That Right

The 9th U.S. Circuit Court of Appeals temporarily lifted an order suspending the Migrant Protection Protocols (MPP), a Trump administration policy that requires Central American asylum-seekers to remain in Mexico before their appearance in immigration court. Though the Friday evening stay is not indicative of the government’s future prospects in this case, it was a rare victory for an administration ...

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This Florida Mayor Allegedly Loves Doing Crack And Shooting At Cops |

Dale Massad, the recently deposed mayor of Port Richey, Florida pervasively used crack cocaine and crystal methamphetamine during his tenure in office, court records that were publicized Thursday charge. Massad allegedly exchanged fire with police during a Feb. 21 raid on his home, which resulted in his arrest. Florida GOP Gov. Ron DeSantis suspended him from office the following day. ...

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Clarence Thomas Speaks Out On Amy Coney Barrett, ‘Dogma’ Charge

Supreme Court Justice Clarence Thomas told a friendly audience in California that religious belief does not compromise the work of the courts, and lamented that religion featured in a 2017 judicial confirmation. Speaking on April 4 at Pepperdine University School of Law’s annual banquet, Thomas was asked whether it is ever legitimate to consider a candidate’s religious views during the ...

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Supreme Court May Shift on Death Penalty

The U.S. Supreme Court may be set for a forceful shift on the death penalty after a recent 5-4 decision unexpectedly signaled an important change to the justices’ approach to capital punishment and the Eighth Amendment. Though it is too premature to make definitive statements about the Court’s direction, the April 1 decision in Bucklew v. Precythe suggests the newly ...

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Gunmaker Will Appeal To The Supreme Court In Sandy Hook Victims Lawsuit

Gun manufacturer Bushmaster Firearms will appeal to the U.S. Supreme Court after a panel of Connecticut judges said nine victims of the 2012 Sandy Hook Elementary School massacre can sue the company despite a federal law shielding gunmakers from most lawsuits. Bushmaster produced the XM15 rifle shooter Adam Lanza used to kill 26 people at the Sandy Hook Elementary School ...

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Justice Neil Gorsuch To Drop Book On Constitution, Supreme Court Confirmation

Supreme Court Justice Neil Gorsuch will publish a book of reflections and essays touching both personal experiences and important themes of American law and the Constitution. Titled “A Republic, If You Can Keep It,” the book relays “personal stories that have shaped [Gorsuch’s] life and outlook, from his upbringing in Colorado to his 2017 Supreme Court confirmation process,” according to ...

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Some Think Clarence Thomas Might Retire Soon, But He Does Not

Supreme Court Justice Clarence Thomas denied any interest in retirement this weekend, telling a friendly audience in Beverly Hills, California that he has no plans to leave judicial service in the near future. Speaking at Pepperdine University School of Law’s annual dinner, the 70-year-old Thomas emphatically denied speculation that he will leave the Supreme Court, amid speculation that he may ...

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Supreme Court Turns Down Bid To Stop Trump’s Bump Stock Ban

Bump Fire Stock

The Supreme Court has turned down two bids to halt the Trump administration’s ban on bump stocks, an accessory that increases a semiautomatic rifle’s rate of fire. The new federal prohibition, prompted by the deadly Harvest music festival massacre in Las Vegas on Oct. 1, 2017, took effect Tuesday. Chief Justice John Roberts rejected one application to stay the bump stock ...

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Supreme Court Hears Opening Skirmish In War Against The Administrative State

US Supreme Court

The Supreme Court heard a direct challenge to a major component of federal agency law Wednesday called Auer deference.  “Auer deference” says judges should defer to an agency interpretation of its own regulation.  Auer is one of several doctrines conservatives have attacked as part of a broader struggle against the administrative state.  The Supreme Court grappled with a major question ...

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All Eyes On Roberts, Kavanaugh As Supreme Court Hears Historic Gerrymandering Cases

The Supreme Court weighed a pair of cases Wednesday that ask the justices to police partisanship in the redistricting process.  The cases come from North Carolina and Maryland, where the party in power skewed district lines to their advantage.  The disputes deeply divided the Court, with Chief Justice John Roberts and Justice Brett Kavanaugh likely holding the decisive votes.  The ...

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