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Author Archives: Kevin Daley

White House Reinforces Counsel’s Office As Subpoenas, Mueller Report Loom

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The White House counsel’s office has hired 17 lawyers in recent weeks. Pat Cipollone, the newly-installed White House counsel, is expanding his staff in view of the coming deluge of subpoenas and special counsel Robert Mueller’s final report, according to The Washington Post. “It’s almost as if he’s building a law firm within a government entity,” attorney Jay Sekulow told ...

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At Trump’s Request, The Supreme Court May Soon Decide On Dismantling DACA

US Supreme Court

The Supreme Court will consider the Trump administration’s request to intervene in the ongoing legal fight over the Deferred Action for Childhood Arrivals (DACA) program on Friday. DACA is an Obama-era amnesty initiative that extends temporary legal status to 700,000 foreign nationals who arrived in the U.S. as children. The Trump administration took steps to terminate DACA in September 2017. ...

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Brett Kavanaugh Releases First Opinion As A Supreme Court Justice

Supreme Court Justice Brett Kavanaugh delivered his first opinion for the high court Tuesday in a case concerning the Federal Arbitration Act. In recent years, the Supreme Court has adopted a pro-arbitration bent. Arbitration is a dispute resolution process that takes place outside courts. Advocates of arbitration say it provides for the settlement of controversies without the time and expense of ...

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An Indian Tribe Says It Needs To Hunt To Survive. The Supreme Court Is Now Considering Their Case

A Native American man hunts elk to feed his family in a Wyoming national forest — the Supreme Court will hear arguments Tuesday as to whether that’s legal. The case asks whether a 19th-century treaty still allows the Crow Nation to hunt on unoccupied federal land in Wyoming. A lower court allowed Wyoming to prosecute a Crow man for hunting ...

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Judge Says Christian Baker Jack Phillips’ Lawsuit Against Civil Rights Officials Can Proceed

A federal judge in Denver rejected Colorado’s bid to dismiss a lawsuit alleging that state civil rights officials are waging a campaign of harassment against Jack Phillips, the Christian baker at issue in the landmark Masterpiece Cakeshop case. Three weeks after Phillips prevailed at the Supreme Court, a state anti-discrimination panel issued a new probable cause finding against him, arising ...

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Ruth Bader Ginsburg To Miss Arguments Following Lung Cancer Procedure |

Supreme Court Justice Ruth Bader Ginsburg missed oral arguments Monday as she recuperates from cancer surgery. It’s not clear when the 85-year-old justice will return to work, though the Supreme Court’s public information office said she will continue to participate in official business from her home in Washington. Monday is the first time that Ginsburg has missed arguments since she ...

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Trump Administration Urges Supreme Court To Protect Cross-Shaped War Memorial

The Trump administration filed an amicus (or “friend-of-the-court”) brief Wednesday urging the Supreme Court to protect a 93-year-old war memorial in Bladensburg, Maryland that is shaped like a Latin cross. The Court will soon decide whether the cross-shaped World War I memorial violates the First Amendment’s ban on religious favoritism. The justices agreed to take the case on Nov. 3. ...

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Supreme Court Intervenes In Mystery Mueller Case

US Supreme Court

Chief Justice John Roberts stayed a subpoena and contempt order in a case arising from special counsel Robert Mueller’s investigation in a Sunday night order. Sunday’s order marks the first time that the Supreme Court has intervened in the Mueller inquiry. Very little is known of the case, which reached the high court on Saturday, because the matter has proceeded through ...

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Democrats Face No-Win Scenario On Attorney General Nomination

President Donald Trump’s selection of William Barr for attorney general has caught Democrats in the horns of a dilemma. Without a Senate majority, Democrats have little chance of stopping Barr’s confirmation, but with ordinary obstruction mechanisms, a month-long delay is conceivable — the question is whether Democrats ought to do so, and there’s no easy answer from their perspective. To ...

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AG Nominee William Barr Lambasted Mueller Tactics In Private Memo To Rosenstein

Attorney General nominee William Barr sent a memo to the Department of Justice criticizing special counsel Robert Mueller’s investigation, particularly those aspects of the probe relating to obstruction of justice in June. The unsolicited document, whose existence was first reported by The Wall Street Journal, argues President Donald Trump’s dismissal of former FBI Director James Comey does not rise to ...

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Judge Thwarts Trump Bid To Limit Asylum Eligibility

The Trump administration may not enforce new policies which make it more difficult for immigrants to obtain asylum due to gender or gang violence, a federal judge in Washington, D.C. said Wednesday. In a rare move, the judge then ordered the government to bring several of the migrant-plaintiffs back to the U.S. for new asylum hearings. “This ruling is a ...

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Judicial Misconduct Council Dismisses Complaints Against Brett Kavanaugh

A judicial conduct council has dismissed dozens of complaints lodged against Supreme Court Justice Brett Kavanaugh alleging that he lied to the Senate Judiciary Committee during his confirmation hearings. A 10-page decision released Tuesday concluded that Kavanaugh’s purported misdeeds can no longer be investigated by a judicial panel due to his confirmation to the Supreme Court. [READ the decision] Dozens ...

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Susan Collins Predicts Obamacare Will Ultimately Be Upheld

GOP Sen. Susan Collins of Maine predicted Friday’s decision striking down the Affordable Care Act (ACA) will be overturned on appeal and criticized the sweep of the decision. Speaking Sunday on CNN’s State of the Union, Collins said that the ruling went too far, even if the individual mandate is unconstitutional. “There’s no reason why the individual mandate provision can’t ...

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Trump Administration Seeks To Enforce Trans Soldiers Ban In Supreme Court

US Supreme Court

In an unusual move, the Department of Justice asked the Supreme Court to let President Donald Trump’s administration enforce its ban on transgender military personnel while it litigates legal challenges to the policy. Thursday’s application is the latest in a series of aggressive measures the Trump administration has taken at the Supreme Court. “It is with great reluctance that we ...

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Republicans Take Bold Tack Against Democratic Gerrymander In The Supreme Court |

US Supreme Court

A coalition of Republican voters made a pair of bold requests while asking the Supreme Court to uphold a lower court ruling striking down a Democratic gerrymander in Maryland. Their case, one of several pending before the justices on this topic, could clear the way for greater judicial scrutiny over redistricting. The Supreme Court has yet to find partisan line-drawing, ...

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