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Author Archives: Kevin Daley

Census Citizenship Case Likely To Be Fast-Tracked To Supreme Court

US Supreme Court

The Trump administration will like leapfrog normal judicial procedure and appeal a federal judge’s decision removing a citizenship question from the 2020 census directly to the Supreme Court. In a sweeping decision running almost 300 pages, U.S. District Judge Jesse Furman concluded that the Commerce Department, which oversees the Census Bureau, violated a federal law called the Administrative Procedure Act ...

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Federal Judge Orders Removal Of Citizenship Question From 2020 Census

A federal judge in New York barred the Trump administration from including a citizenship question on the 2020 census questionnaire. The decision appears to have significant implications for a related matter the Supreme Court is poised to decide in the spring. “The attempts by the Trump administration to mandate a question about citizenship were not rooted in a desire to ...

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West Virginia Supreme Court Impeachment Crisis Reaches US High Court

The West Virginia state legislature has asked the U.S. Supreme Court to overturn a decision which halted the impeachment trials of several members of the West Virginia Supreme Court of Appeals. State lawmakers said they are not aiming to restart removal proceedings against the state Supreme Court justices. Rather, they believe the ruling at issue essentially dismantles their impeachment power. ...

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Justice Ginsburg Has No Remaining Cancer, Supreme Court Announces

Justice Ruth Bader Ginsburg’s recovery from a lung cancer operation is proceeding apace and there are no signs of further disease, the Supreme Court announced Friday afternoon. Ginsburg had two cancerous nodules removed from her lungs at the Sloan Kettering Memorial Cancer Center on Dec. 21. The procedure is called a pulmonary lobectomy. “Justice Ginsburg will continue to work from home next ...

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

white house front

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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