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Author Archives: Kevin Daley

Rao Nomination Exposes Fissures Within Conservative Legal Movement

The nomination of Neomi Rao to the U.S. Court of Appeals for the D.C. Circuit exposed oft-ignored fissures within the right-wing legal establishment, aggravating social conservatives who feel their priorities have been unfairly eclipsed. GOP Sen. Josh Hawley of Missouri was the most vocal Rao-skeptic among Senate Republicans, divining from her scholarly writings possible support for progressive landmarks like Roe ...

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Graham Promises ‘Judges, More Judges, Then Some More Judges’ In Colorful CPAC Address

Republican Sen. Lindsey Graham of South Carolina, the newly-minted chairman of the Senate Judiciary Committee, told Conservative Political Action Conference (CPAC) attendees that his panel will move on judicial confirmations at an ambitious clip. “Judges, more judges, then some more judges,” Graham joked in a Thursday afternoon speech. “We’re going to process as many conservative judges as we can.” The ...

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The Supreme Court Is Poised To Protect This 40-Foot Veteran’s Cross

Bladensburg WWI Veterans Memorial

The Supreme Court seemed poised Wednesday to protect a 40-foot memorial cross on public land in Bladensburg, Maryland from a lawsuit that argues it violates the Constitution. Though the bottom-line outcome was never seriously in doubt, the justices appeared divided and confused during Wednesday’s argument as to why the monument should pass constitutional muster. The Court’s jurisprudence concerning religion in ...

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The Boys Of Peace Cross

Bladensburg WWI Veterans Memorial

A 40-foot Celtic cross sits in the center of a roundabout in Bladensburg, Maryland. On its pedestal are inscribed the names of 49 local boys killed in the First World War. That veterans memorial — known colloquially as the Peace Cross — is the subject of landmark litigation concerning religion in public life. The Supreme Court will hear arguments Wednesday ...

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Judges Can’t Rule From The Dead, Supreme Court Rules |

The 9th U.S. Circuit Court of Appeals was wrong to count the vote of a deceased judge in an important pay equity case, the Supreme Court ruled Monday. The high court’s decision was “per curiam” meaning “for the Court.” Such decisions are not signed. There were no noted dissents. The case arose when the late Judge Stephen Reinhardt, a revered ...

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Supreme Court Reins In State Power To Seize Property And Collect Fines

US Supreme Court

The Supreme Court sided with an Indiana man who lost his luxury car following his conviction on a minor drug offense. A unanimous Court said that the states must abide by the Constitution’s ban on excessive fines.  The decision is expected to curtail asset forfeitures, which both liberals and conservatives have criticized. The Supreme Court reigned in state power to ...

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Roberts Joins Liberals To Block Texas Execution Of Disabled Man

US Supreme Court

The Supreme Court effectively ensured a Texas inmate named Bobby James Moore will not be executed Tuesday. A majority of the court concluded that Moore is mentally disabled. The court said executing the disabled is “cruel and unusual” in 2002. The Tuesday case was Moore’s second before the Supreme Court. The Supreme Court practically foreclosed the possibility that a Texas ...

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Justice Ginsburg Is Back At The Supreme Court, And She’s Sending A Message

Justice Ruth Bader Ginsburg took the bench at the Supreme Court Tuesday, the first time she has heard arguments since her treatment for lung cancer in December 2018. The justice’s presence at Tuesday’s arguments was expected — the high court’s public information office announced Friday that Ginsburg would participate in a private conference among the justices to discuss pending petitions. ...

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California Will Lead A Legal Challenge Against Trump’s Border Wall Declaration

California and a coalition of left-leaning states are expected to file a legal challenge to President Donald Trump’s national emergency declaration as soon as Monday. California Attorney General Xavier Becerra told ABC News Sunday that the state had prepared to pursue legal action in advance of the president’s announcement, and shared plans to file a lawsuit “imminently.” Colorado, Connecticut, Minnesota, Nevada, ...

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Weiner Out: Disgraced Ex-Pol Leaves Jail For Halfway House

Weiner sexts again

Former Democratic U.S. Rep. Anthony Weiner was transferred from a federal detention facility in Devens, Massachusetts, to a residential re-entry center in Brooklyn, New York, according to the Federal Bureau of Prisons. Weiner will register as a sex offender as a condition of his release from custody, which is currently scheduled for May 14. His sentence was lessened by several ...

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Trump Was Sued Over His National Emergency Declaration In Less Than Six Hours

Public Citizen, a Washington-based consumer group, filed the first lawsuit challenging President Donald Trump’s national emergency declaration concerning the southern border Friday night. The complaint, lodged in the U.S. District Court for the District of Columbia, says the president’s declaration violates separation of powers principles because there is no emergency at the southern border justifying the invocation of extraordinary powers. ...

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Justice Ginsburg Returns To Supreme Court After Cancer Treatment

Justice Ruth Bader Ginsburg returned to the Supreme Court Friday, concluding a two-month absence that followed her treatment for lung cancer in December 2018. The Supreme Court’s public information office announced that Ginsburg will attend Friday’s private conference, where the justices make decisions about pending petitions. The Court will consider several urgent matters during the conference, including a request from ...

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Supreme Court To Decide On Citizenship Question In 2020 Census

US Supreme Court

The Supreme Court will decide whether the Trump administration may include a citizenship question on the 2020 census questionnaire. The justices released a short order Friday granting the government’s appeal of a lower court order which struck the citizenship question from the census form. The high court will hear oral arguments on the matter in April and issue a decision ...

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He Was A Respected State Supreme Court Justice. Now He’s Going To Jail

Allen Loughry, a former justice of the West Virginia Supreme Court of Appeals, was sentenced to a two-year prison term Wednesday, following his conviction for fraud and lying to federal investigators. U.S. District Judge John Copenhaver assessed penalties in excess of the federal sentencing guidelines, finding an enhancement appropriate because of the gravity of the offenses. The guidelines called for a ...

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Ginsburg’s Health Raises Frightening History Of Incapacity And Disability On The Supreme Court

US Supreme Court

Fervid speculation as to Justice Ruth Bader Ginsburg’s well-being was set off in December when the Supreme Court abruptly announced that she was being treated for lung cancer. Though a positive prognosis has since allayed the worst fears of Ginsburg’s admirers, her continued struggles broach important but little discussed questions about judicial fitness in an era when unprecedented longevity often ...

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