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Author Archives: Kevin Daley

ARR! Supreme Court To Hear Dispute Over Blackbeard’s Pirate Ship

The flagship of Blackbeard’s notorious pirate fleet, “Queen Anne’s Revenge” (QAR), will be featured in an upcoming Supreme Court dispute over copyright infringement and state immunity from lawsuits. The dispute, which arose when North Carolina passed a state law removing a private company’s copyrights over images and video of the QAR, probes congressional power to set the terms of state ...

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One Of Brett Kavanaugh’s D.C. Circuit Colleagues Is Speaking Out About His Confirmation

Judge Patricia Millett, a onetime colleague of Justice Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit, spoke publicly about his contentious confirmation to the Supreme Court, expressing regret for all involved while commending Kavanaugh as an excellent colleague. Millett is an Obama appointee who served on the D.C. Circuit with Kavanaugh for nearly six years. She ...

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Supreme Court Will Review Cross-Border Shooting By Border Patrol Agent

US Supreme Court

The Supreme Court will decide whether a Mexican family can sue a U.S. Border Patrol agent in an American court for the shooting death of Sergio Hernandez.  The agent, Jesus Mesa, was standing in the United States when he discharged his weapon and killed Hernandez, who was on Mexican soil.  The federal appeals courts are divided as to whether such ...

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Amy Coney Barrett Speaks Out On ‘Dogma’ Charge, Religious Tests For Judges

Judge Amy Coney Barrett spoke publicly about her contentious confirmation for the 7th U.S. Circuit Court of Appeals, saying people of faith should reject the notion that their religious views impair their official obligations. Democrats on the Senate Judiciary Committee asked Barrett, who is on President Donald Trump’s shortlist for the Supreme Court, about how her Catholic religious views might ...

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Judge Suspended Without Pay For Anti-Trump Comments In Court, Social Media

The Supreme Court of Utah upheld a six-month suspension without pay for a municipal judge who disparaged President Donald Trump in social media and during official judicial proceedings. Taylorsville Justice Court Judge Michael Kwan undermined public confidence in the courts by intervening in the political process, the state Supreme Court concluded. “Fulfillment of judicial duties does not come without personal ...

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Judicial Nominee Accused Of Anti-Catholic Bigotry On Track For Confirmation

Judicial nominee Michael Bogren is favored to win confirmation to the federal bench, despite fierce criticism from social conservatives and GOP Sen. Josh Hawley of Missouri. Hawley questioned Bogren Wednesday over legal work he performed on behalf of a city government seeking to exclude Catholic business owners from a public market over the business’ stated policies regarding same-sex wedding ceremonies, ...

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Kamala Harris Won’t Question This Trump Nominee. Her Explanation Is Confusing

Democratic Sen. Kamala Harris refused to question a nominee for one of California’s seats on the 9th U.S. Circuit Court of Appeals Wednesday, citing the nominee’s out-of-state residency as the grounds for her opposition. The nominee, Daniel Bress, has lived in the Washington, D.C., area for over a decade. Harris has been accommodating of nominees tapped for California courts after ...

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Bill Barr Used This One Figure To Prove Nationwide Injunctions Are A Problem

Attorney General William Barr condemned the rise of nationwide injunctions Tuesday, saying such sweeping orders undermine the rule of law. Nationwide injunctions prohibit the federal government from enforcing a particular law or policy across the entire country. Progressive-cause lawyering groups have used such injunctions to stymie a wide array of Trump policy priorities. “Since President Trump took office, federal district ...

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House Democrats Are Coming For Hope Hicks and a Former Top White House Lawyer

The House Judiciary Committee issued subpoenas to former White House aides Hope Hicks and Annie Donaldson for documents and testimony Tuesday, escalating a standoff with President Donald Trump over congressional investigatory powers. The panel set a June 4 deadline for Hicks and Donaldson to furnish relevant documents and asked both to appear before the committee for testimony on separate dates ...

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Federal Judge Backs Congressional Subpoena Of Trump’s Financial Records

A federal judge in Washington, D.C. rejected President Donald Trump’s bid to quash a congressional subpoena for his business empire’s accounting records Monday. U.S. District Judge Amit Mehta said the courts should assume Congress conducts investigations and issues subpoenas in good faith, despite Trump’s assertions that Democratic lawmakers subpoenaed his accounting records to embarrass him politically. “Courts have grappled for ...

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New Advocacy Group Will ‘Punch Back’ To Protect Trump’s Judicial Nominees

A new conservative advocacy group called the Article III Project (A3P) launched Saturday, promising to promote and defend President Donald Trump’s judicial nominees at the confirmation stage and after they take the bench. The Article III Project is the latest addition to the GOP’s formidable judicial confirmation architecture, which significantly outpaces its leftwing counterparts. “A3P will punch back and help ...

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Trump Backs Bid To Strike Down New York City Gun Laws At Supreme Court

Donald Trump with gun

The Trump administration has asked the Supreme Court to strike down a New York City ordinance strictly regulating the transportation of firearms. The ordinance at issue prohibits licensed gun owners from transporting weapons to any location, save one of seven authorized gun ranges. License holders are not permitted to take their firearms beyond city limits. “To confine a weapon to ...

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Forget Alabama, These Abortion Cases Are In Front Of The Supreme Court Right Now

US Supreme Court

Alabama’s far-reaching abortion restrictions have set off fervid speculation about the future of Roe v. Wade, but two abortion cases are already pending before the Supreme Court. One case involves Indiana laws which require women to have ultrasounds 18 hours before termination, impose rules on the disposal of fetal remains, and ban abortion based on sex, race, or disability. Another ...

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It’s Been A Decade, But This Justice Is Still Hopping Mad About Historic Second Amendment Ruling

Retired Justice John Paul Stevens called the 2008 D.C. v. Heller decision the worst ruling of his tenure on the Supreme Court in a Tuesday essay in The Atlantic. Stevens, 99, wrote the main dissent in Heller, which affirmed the right to possess firearms in the home for self defense, and has harshly criticized the decision since he left the ...

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Kavanaugh Joins Liberals, Says iPhone Users Can Sue Apple For App Monopoly

The Supreme Court ruled Monday that iPhone users can bring an antitrust lawsuit against Apple alleging the tech giant has monopolized the market for software applications. Justice Brett Kavanaugh delivered the 5-4 decision, joined by the high court’s liberal bloc. Justice Neil Gorsuch led the conservatives in dissent. “The plaintiffs seek to hold retailers to account if the retailers engage ...

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