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Author Archives: Kevin Daley

A 9th Circuit Judge Savaged Congress For Inaction On The Immigration Crisis

Judge Jay Bybee of the 9th U.S. Circuit Court of Appeals took Congress to task Thursday in an extraordinary opinion that savaged lawmakers for failing to address the immigration crisis. Bybee issued a concurring opinion in connection with a dispute over immigration and public benefits. “By constitutional design, the branch that is qualified to establish immigration policy and check any ...

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President Trump Challenges House Subpoena For His Financial Records In The Supreme Court

US Supreme Court

President Donald Trump asked the Supreme Court Thursday to take up a second case involving a subpoena for his accounting records. The petition is the latest development in a multi-front dispute over presidential immunity, separation of powers, and Trump’s financial information now playing out before the justices. The first case involves a subpoena from Manhattan District Attorney Cyrus Vance, who ...

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The Senate Confirmed Four Federal Judges While The House Heard Impeachment Testimony

The Senate confirmed four trial court nominees to the federal bench Wednesday, among them a public interest lawyer Democrats say will trim abortion rights. Senators confirmed the nominee, Sarah Pitlyk, to the U.S. District Court for the Eastern District of Missouri on a 49-44 vote that largely followed party lines. “Sarah’s strong legal experience, sharp intellect, and commitment to the ...

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The Supreme Court Heard Its First Gun Rights Case In Years. It Might Be A Misfire

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The Supreme Court heard arguments in a gun rights case for the first time in nearly 10 years Monday, involving a challenge to since-repealed New York City rules that greatly restricted the transportation of firearms. Though the case is closely watched as a possible bellwether for future disputes over the Second Amendment, several members of the court, including Chief Justice ...

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Supreme Court Temporarily Halts Release Of President Trump’s Financial Records

Donald Trump success

The Supreme Court put a lower court decision granting House Democrats access to President Donald Trump’s personal and professional financial records on hold Monday night. In effect, Monday’s stay means House Democrats cannot examine Trump’s finances before year’s end, and conceivably much longer. Neither the vote count nor the reasoning was disclosed, as is typical of orders of this nature. ...

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Chief Justice Roberts Halts Subpoena For President Trump’s Financial Records — For Now

Donald Trump success

Chief Justice John Roberts temporarily blocked a lower court ruling requiring President Donald Trump’s accounting firm to turn over eight years worth of Trump accounting records to the House Oversight Committee in a short Monday order. The decision, called an administrative stay, means House Democrats will not have access to Trump’s financial information until the Supreme Court decides how it ...

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The Supreme Court Looks Ready To Uphold Trump’s Bid To End DACA

A closely-divided Supreme Court seemed inclined to uphold President Donald Trump’s bid to terminate the Deferred Action for Childhood Arrivals (DACA) program during arguments Tuesday morning. The high court’s conservative majority appeared to think the administration has provided an adequate basis for ending the policy, and in spaces even wondered if the courts had the power to review the dispute. ...

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Mexico Is Urging The Supreme Court To Stop Trump’s Bid To End DACA

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The government of Mexico filed an amicus (or “friend of the court”) brief urging the Supreme Court to stop President Donald Trump’s attemp to rescind the Deferred Action for Childhood Arrivals (DACA) program.  Mexican consular officials have helped many of its nationals obtain protected status under DACA, according to the brief. The justices will hear arguments in the dispute Tuesday. ...

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Supreme Court Hears Arguments Over Blackbeard’s Pirate Wreck

The Supreme Court seemed to think that North Carolina unlawfully pirated copyrighted images of an 18th century shipwreck during oral arguments Tuesday morning. The case, arising from the discovery of Blackbeard’s famed pirate ship, asks whether an underwater production company can sue North Carolina for distributing its copyrighted images of the wreck. Several justices appeared troubled by the possible consequences. ...

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A Trump Judicial Nominee Was Moved To Tears After A Liberal Interest Group Accused Him Of Bigotry

Lawrence VanDyke, one of President Donald Trump’s nominees for the 9th U.S. Circuit Court of Appeals, was overcome with emotion before the Senate Judiciary Committee on Wednesday as he defended himself against charges that he would treat LGBT litigants unfairly. The American Bar Association (ABA) issued a scathing review of VanDyke’s nomination on the eve of Wednesday’s hearing, finding he ...

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DC Circuit Halts Disclosure Of Mueller Grand Jury Materials Just Hours Before Release

The U.S. Court of Appeals for the D.C. Circuit temporarily halted the release of grand jury materials from former special counsel Robert Mueller’s investigation Tuesday, just hours ahead of their scheduled distribution. A three judge panel issued a short directive saying the grand jury documents will be temporarily withheld while it considers an emergency appeal from the Department of Justice ...

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President Trump Is Challenging California’s Sanctuary Law In The Supreme Court

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The Trump administration is asking the Supreme Court to toss a California law barring state authorities from cooperating with federal immigration officials.  The California Values Act, or SB 54, bans law enforcement from transferring criminal aliens to immigration authorities or sharing personal information about migrants. The parties in the case are playing somewhat against type: Trump is relying on a ...

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Supreme Court Tosses Challenge to Michigan’s Republican-Drawn District Lines

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The Supreme Court effectively ended a gerrymandering challenge to Michigan’s Republican-drawn legislative districts Monday, after a three-judge panel ordered the state to produce new maps ahead of the 2020 elections. Monday’s decision was widely expected. Both parties in the case agreed that the high court’s June decision finding federal courts cannot hear partisan gerrymandering challenges foreclosed further litigating. “While appellees ...

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This Agency Is Elizabeth Warren’s Brainchild. The Supreme Court Will Decide If It’s Constitutional

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The Supreme Court announced Friday that it will hear a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB), a watchdog agency whose existence is largely credited to Massachusetts Democratic. Sen. Elizabeth Warren. The bureau is arranged to insulate its employees from political pressure and ensure its independence from big banks and financial institutions. At issue in ...

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