#constitutional-law

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#trump-administration

How Trump Could Make Congress Go Away for a While

Trump may exploit an untested constitutional provision to bypass Senate confirmation for Cabinet picks, raising serious legal and political concerns.

What Are Recess Appointments' and How Might Trump Try and Leverage Them?

Trump's approach highlights tensions with Senate Republicans and explores the limits of executive power through potential recess appointments.

Conservative Legal Insider Reports Trump Has Bonkers Plan' to Confirm Unpopular Cabinet Picks

Trump has nominated controversial figures for his administration, raising concerns about their confirmation processes.

How Trump Could Make Congress Go Away for a While

Trump may exploit an untested constitutional provision to bypass Senate confirmation for Cabinet picks, raising serious legal and political concerns.

What Are Recess Appointments' and How Might Trump Try and Leverage Them?

Trump's approach highlights tensions with Senate Republicans and explores the limits of executive power through potential recess appointments.

Conservative Legal Insider Reports Trump Has Bonkers Plan' to Confirm Unpopular Cabinet Picks

Trump has nominated controversial figures for his administration, raising concerns about their confirmation processes.
moretrump-administration
#trump

Experts sound alarm as Trump mulls pardons for January 6 attackers

Trump's potential pardons for January 6 rioters could signal a troubling acceptance of their actions and a challenge to constitutional law.

More Trump Supporters Angry About Accurate Descriptions - See Also

The recent law class focused on Trump revealed students' surprise at the complexities of legal discussions around him.

Marco Rubio is so desperate to be picked as Trump's #2 he's prepared to give up everything

Complete subservience is crucial for Trump's VP candidates.

Experts sound alarm as Trump mulls pardons for January 6 attackers

Trump's potential pardons for January 6 rioters could signal a troubling acceptance of their actions and a challenge to constitutional law.

More Trump Supporters Angry About Accurate Descriptions - See Also

The recent law class focused on Trump revealed students' surprise at the complexities of legal discussions around him.

Marco Rubio is so desperate to be picked as Trump's #2 he's prepared to give up everything

Complete subservience is crucial for Trump's VP candidates.
moretrump
#supreme-court

SCOTUS Could Outlaw 'Gender-Affirming Care' for Minors Next Year

The Supreme Court will decide if a Tennessee law banning gender-bending medical treatments for minors is constitutional.

Marbury v. Madison

Marbury v. Madison established judicial review, allowing the Supreme Court to void unconstitutional laws and affirming the Constitution as a legal framework.

Parental Rights Face a Surprising Moment of Truth at the Supreme Court

The Supreme Court's ruling in L.W. v. Skrmetti will significantly impact minors' access to gender-affirming care and broader LGBTQ+ rights.

Opinion | Let's Not Bring Back Jail for Swearing

The Supreme Court may reconsider the First Amendment in a way reminiscent of its approach to the Second Amendment, potentially endangering modern free speech rights.

Transgender Rights Advocates' Last, Best Hope Is Neil Gorsuch and John Roberts

The Supreme Court will decide on states' ability to restrict gender-affirming care for minors.

Trump wins a new, quicker path to SCOTUS overturning his felony conviction

Trump experienced significant legal defeats in his hush-money case, complicating his appeal strategy.
Trump may attempt to leverage these losses for Supreme Court review.

SCOTUS Could Outlaw 'Gender-Affirming Care' for Minors Next Year

The Supreme Court will decide if a Tennessee law banning gender-bending medical treatments for minors is constitutional.

Marbury v. Madison

Marbury v. Madison established judicial review, allowing the Supreme Court to void unconstitutional laws and affirming the Constitution as a legal framework.

Parental Rights Face a Surprising Moment of Truth at the Supreme Court

The Supreme Court's ruling in L.W. v. Skrmetti will significantly impact minors' access to gender-affirming care and broader LGBTQ+ rights.

Opinion | Let's Not Bring Back Jail for Swearing

The Supreme Court may reconsider the First Amendment in a way reminiscent of its approach to the Second Amendment, potentially endangering modern free speech rights.

Transgender Rights Advocates' Last, Best Hope Is Neil Gorsuch and John Roberts

The Supreme Court will decide on states' ability to restrict gender-affirming care for minors.

Trump wins a new, quicker path to SCOTUS overturning his felony conviction

Trump experienced significant legal defeats in his hush-money case, complicating his appeal strategy.
Trump may attempt to leverage these losses for Supreme Court review.
moresupreme-court
#ten-commandments

Louisiana Parents Sue to Block Display of Ten Commandments in Schools

The Louisiana state law mandating Ten Commandments in public school classrooms faces legal challenge from parents for being unconstitutional.

The Countdown To Fifth Circuit Mandating Every Student Stare At The 10 Commandments Has Begun

The Louisiana law requiring display of the 10 Commandments in schools was ruled unconstitutional by a federal judge for its religious intent.

Federal Judge Blocks Louisiana Law Requiring Ten Commandments in Classrooms

A federal judge blocked Louisiana's law requiring the display of the Ten Commandments in public schools, stating it was unconstitutional and coercive to students.

Louisiana Parents Sue to Block Display of Ten Commandments in Schools

The Louisiana state law mandating Ten Commandments in public school classrooms faces legal challenge from parents for being unconstitutional.

The Countdown To Fifth Circuit Mandating Every Student Stare At The 10 Commandments Has Begun

The Louisiana law requiring display of the 10 Commandments in schools was ruled unconstitutional by a federal judge for its religious intent.

Federal Judge Blocks Louisiana Law Requiring Ten Commandments in Classrooms

A federal judge blocked Louisiana's law requiring the display of the Ten Commandments in public schools, stating it was unconstitutional and coercive to students.
moreten-commandments
#gun-control

Judge strikes down Illinois assault weapons ban as unconstitutional

The Illinois gun ban was found unconstitutional due to infringement on the Second Amendment rights of citizens.

Judge blocks California law targeting suppliers of 'abnormally dangerous' firearms

The enforcement of a California law regarding 'abnormally dangerous' firearms has been blocked by a federal judge.
The ruling highlights the ongoing debate over gun liability and control measures in the United States.

Judge strikes down Illinois assault weapons ban as unconstitutional

The Illinois gun ban was found unconstitutional due to infringement on the Second Amendment rights of citizens.

Judge blocks California law targeting suppliers of 'abnormally dangerous' firearms

The enforcement of a California law regarding 'abnormally dangerous' firearms has been blocked by a federal judge.
The ruling highlights the ongoing debate over gun liability and control measures in the United States.
moregun-control
#donald-trump

Judge Cannon tossing Trump's case raises risk for acting prosecutors

Cannon's ruling could threaten the future of special counsels and federal prosecutors serving in temporary roles.
The legitimacy of federally appointed officials may be increasingly challenged following this court decision.

A Scary Post-Election Trump Coup Scenario

Donald Trump's plans for contesting a potential electoral loss in 2024 are ambiguous and complicated by legal and political changes since 2020.

Judge dismisses classified documents indictment against Trump

A federal judge dismissed the indictment against former President Donald Trump due to an improper appointment of the special counsel, providing a significant win for Trump.

Jonathan Turley Wants Everyone To Chill Out And Just Trust The Guy Who Speaks Fondly Of Hitler

Jonathan Turley downplays claims of Trump's potential authoritarianism, suggesting that the political system remains resilient despite warnings and the events surrounding January 6.

'Dead Letter': Legal Experts Show How Trump's Claim 'Makes No Sense'

Legal experts dismiss Trump's claim of 'absolute immunity'
Argument that presidents can't be prosecuted without impeachment and conviction receives skepticism

The Supreme Court will hear Trump's claim he's immune from criminal prosecution

The U.S. Supreme Court is hearing arguments on Trump's claim of immunity from prosecution for his official acts as president, a historic event with far-reaching implications.

Judge Cannon tossing Trump's case raises risk for acting prosecutors

Cannon's ruling could threaten the future of special counsels and federal prosecutors serving in temporary roles.
The legitimacy of federally appointed officials may be increasingly challenged following this court decision.

A Scary Post-Election Trump Coup Scenario

Donald Trump's plans for contesting a potential electoral loss in 2024 are ambiguous and complicated by legal and political changes since 2020.

Judge dismisses classified documents indictment against Trump

A federal judge dismissed the indictment against former President Donald Trump due to an improper appointment of the special counsel, providing a significant win for Trump.

Jonathan Turley Wants Everyone To Chill Out And Just Trust The Guy Who Speaks Fondly Of Hitler

Jonathan Turley downplays claims of Trump's potential authoritarianism, suggesting that the political system remains resilient despite warnings and the events surrounding January 6.

'Dead Letter': Legal Experts Show How Trump's Claim 'Makes No Sense'

Legal experts dismiss Trump's claim of 'absolute immunity'
Argument that presidents can't be prosecuted without impeachment and conviction receives skepticism

The Supreme Court will hear Trump's claim he's immune from criminal prosecution

The U.S. Supreme Court is hearing arguments on Trump's claim of immunity from prosecution for his official acts as president, a historic event with far-reaching implications.
moredonald-trump
#voting-rights

NY's Prop 1 opens the door to noncitizen voting

Proposition 1 is criticized as a deceptive measure that could enable non-citizen voting while misleadingly framing itself as a protection for abortion rights.

Nebraska Supreme Court Justice Compares Vote Stealing Executives To Patty & Selma

Justice Miller-Lerman criticized state officials for attempting to overturn voting rights restoration, emphasizing adherence to constitutional law.

NY's Prop 1 opens the door to noncitizen voting

Proposition 1 is criticized as a deceptive measure that could enable non-citizen voting while misleadingly framing itself as a protection for abortion rights.

Nebraska Supreme Court Justice Compares Vote Stealing Executives To Patty & Selma

Justice Miller-Lerman criticized state officials for attempting to overturn voting rights restoration, emphasizing adherence to constitutional law.
morevoting-rights

What Conservatives Mean by 'Freedom of Speech'

The perception of free speech is skewed, privileging right-wing expression while disfavoring liberal viewpoints, as evidenced in recent political debates.

Mother to challenge law after nine of her 10 children taken into care

The law enabling Tusla to act in suspected child abuse cases may face a constitutional challenge.

The Injustice Of Our Rights Regime - emptywheel

The Constitution protects few rights but maintains strict scrutiny for infringements on protected rights.

Religious leaders push back against conservative Christians who "misuse religion... for hatred" - LGBTQ Nation

Religious leaders in Colorado support a ballot measure to remove the constitutional ban on same-sex marriage, emphasizing the need for protection against potential legal changes.
#abortion-rights

Judge overturns North Dakota's near-total abortion ban

North Dakota's judge ruled the near-total abortion ban unconstitutional, affirming women's rights and medical freedom before fetal viability.

Abortion is enshrined as a constitutional right in France after lawmakers approve an amendment

France enshrines abortion right in constitution to prevent rollback of rights seen in the US.
France becomes the first country with a constitutional right to abortion since former Yugoslavia.

France to enshrine abortion rights in country's constitution

Enshrining right to abortion in French constitution is a global first with strong public support.
France aims to protect the right to terminate a pregnancy in its basic law, following the US Supreme Court's decision to restrict abortion rights.

French Senate approves a bill to make abortion a constitutional right

France's Senate approved a bill to enshrine a woman's right to abortion in the constitution, following the National Assembly's approval, moving towards final approval.
President Macron aims to make the right to abortion irreversible by amending the constitution, emphasizing women's freedom and responding to global threats to abortion rights.

Judge overturns North Dakota's near-total abortion ban

North Dakota's judge ruled the near-total abortion ban unconstitutional, affirming women's rights and medical freedom before fetal viability.

Abortion is enshrined as a constitutional right in France after lawmakers approve an amendment

France enshrines abortion right in constitution to prevent rollback of rights seen in the US.
France becomes the first country with a constitutional right to abortion since former Yugoslavia.

France to enshrine abortion rights in country's constitution

Enshrining right to abortion in French constitution is a global first with strong public support.
France aims to protect the right to terminate a pregnancy in its basic law, following the US Supreme Court's decision to restrict abortion rights.

French Senate approves a bill to make abortion a constitutional right

France's Senate approved a bill to enshrine a woman's right to abortion in the constitution, following the National Assembly's approval, moving towards final approval.
President Macron aims to make the right to abortion irreversible by amending the constitution, emphasizing women's freedom and responding to global threats to abortion rights.
moreabortion-rights

South Carolina parents can't spend public money on private schools anymore

Taxpayer money for private school tuition in South Carolina is unconstitutional, affirming the commitment to public education.
#election-integrity

Illegal and Unconstitutional': Cheney Rips Vance Saying As VP He Would Have Followed Trump's Plan to Overturn 2020 Election

Liz Cheney criticizes JD Vance's stance on election certification, asserting it is illegal, unconstitutional, and poses a threat to democracy.

Conservative Former Judge Blames Lawyers For January 6 Insurrection

January 6 insurrection partly attributed to lawyers' actions.

Illegal and Unconstitutional': Cheney Rips Vance Saying As VP He Would Have Followed Trump's Plan to Overturn 2020 Election

Liz Cheney criticizes JD Vance's stance on election certification, asserting it is illegal, unconstitutional, and poses a threat to democracy.

Conservative Former Judge Blames Lawyers For January 6 Insurrection

January 6 insurrection partly attributed to lawyers' actions.
moreelection-integrity

Teen arrested in first violation of New York county's controversial mask ban

The first arrest under Nassau County's face covering ban raises concerns about the law's applicability and constitutional validity.

Florida is allowed to restrict transgender health care, appeals court rules

The federal appeals court upheld Florida's gender-affirming care ban while litigation proceeds, suggesting the state is likely to prevail in the case.

Amazon Joins Elon Musk's SpaceX In Mission to Destroy Federal Agency Protecting Workers

Amazon argues that the National Labor Relations Board is unconstitutional, citing separation of powers and due process violations.

RFK Jr. will fight getting kicked off NY ballot by claiming it's unconstitutional to make him say where he lives

RFK Jr. appeals ruling that removed him from NY ballots due to a 'sham' address, claiming it's unconstitutional to require residency disclosure.

Judge dismisses attempt to stop Ontario Place redevelopment | CBC News

The legal challenge to stop the Ontario Place redevelopment was dismissed by a judge, allowing the project to proceed.

Can King Charles III and the Royal Family Vote in General Elections?

The U.K. monarchy has symbolic roles but no active political power; royalty can legally vote, but it is not practiced for maintaining political impartiality.

Morning Docket: 05.08.24

Aileen Cannon delays classified documents case due to overwhelming motions.

Justice Ketanji Brown Jackson Invokes The Former Guy' Trump Nickname In Final Leg Of Supreme Court Immunity Hearing

Justice Ketanji Brown Jackson referenced 'the former guy' nickname for ex-President Donald Trump during a Supreme Court hearing on presidential immunity.
#scotus

Is SCOTUS making it harder to teach constitutional law? Profs 'depleted' and taken aback by 'velocity' of change

SCOTUS using originalism to overturn precedent
Constitutional law professors feeling depleted by rapid changes

O.J.'s Lawyer Stops Playing Tough With The Goldmans - See Also

SCOTUS to hear arguments on Oregon's law soon.

Is SCOTUS making it harder to teach constitutional law? Profs 'depleted' and taken aback by 'velocity' of change

SCOTUS using originalism to overturn precedent
Constitutional law professors feeling depleted by rapid changes

O.J.'s Lawyer Stops Playing Tough With The Goldmans - See Also

SCOTUS to hear arguments on Oregon's law soon.
morescotus

The Texas Immigration Law Is Doomed

Texas law SB-4, granting state officials immigration law enforcement power, is predicted to fail due to constitutional constraints.
Legal analysis sometimes involves predicting outcomes based on practicality rather than searching for correct answers through case law.

Firearm restrictions on defendants awaiting trial are constitutional, 9th Circuit rules

The court ruled the restrictions on possessing guns for defendants awaiting trial were constitutional.
The historical evidence supported the disarmament of dangerous criminal defendants.

Judge blocks Texas law that gives police broad powers to arrest migrants who illegally enter US

Federal judge blocked Texas law expanding police powers for immigration enforcement
Judge cited conflicts with federal immigration law, Constitution's supremacy clause, and potential impact on U.S. foreign relations

Appeals court rules NYC law allowing noncitizens to vote in local elections violates state constitution

Noncitizens voting law in NYC declared unconstitutional by appeals court
Win for those opposing the law including Rep. Malliotakis and Council Republican leader Borelli
#people

Zelenskiy backs Georgia protesters in fight for democratic success' amid further clashes

Volodymyr Zelenskiy has called for democratic success in Georgia, as thousands of protesters rallied against legislation that could undercut Tbilisi's efforts to join the EU, and which critics have compared to a law in Russia that has been used to stifle dissent.There is no Ukrainian who would not wish success to our friendly Georgia.

More than 1,000 plaintiffs, including Darren Bailey and 70 firearms dealers, named in lawsuit challenging state gun ban

SPRINGFIELD - Downstate attorney Thomas DeVore, an unsuccessful Republican candidate for attorney general last year, has filed a second lawsuit challenging Illinois' recently enacted ban on high-powered guns and high-capacity magazines.The latest lawsuit was filed in downstate White County and lists more than 1,000 plaintiffs, including former state senator and GOP gubernatorial candidate Darren Bailey and some 70 firearms dealers, who allege the new law violates the state constitution.

Key points from Labour's blueprint for a New Britain'

Sweeping plans to reshape Britain's economic and political landscape have been set out by Labour's commission on the future of the UK.Here are some of the key recommendations from the panel, which was led by former prime minister Gordon Brown:  Abolish the indefensible' House of Lords The commission proposed replacing the unelected Upper Chamber with a smaller, more representative and democratic assembly of the nations and regions, although details would be matters for further consultation.

Zelenskiy backs Georgia protesters in fight for democratic success' amid further clashes

Volodymyr Zelenskiy has called for democratic success in Georgia, as thousands of protesters rallied against legislation that could undercut Tbilisi's efforts to join the EU, and which critics have compared to a law in Russia that has been used to stifle dissent.There is no Ukrainian who would not wish success to our friendly Georgia.

More than 1,000 plaintiffs, including Darren Bailey and 70 firearms dealers, named in lawsuit challenging state gun ban

SPRINGFIELD - Downstate attorney Thomas DeVore, an unsuccessful Republican candidate for attorney general last year, has filed a second lawsuit challenging Illinois' recently enacted ban on high-powered guns and high-capacity magazines.The latest lawsuit was filed in downstate White County and lists more than 1,000 plaintiffs, including former state senator and GOP gubernatorial candidate Darren Bailey and some 70 firearms dealers, who allege the new law violates the state constitution.

Key points from Labour's blueprint for a New Britain'

Sweeping plans to reshape Britain's economic and political landscape have been set out by Labour's commission on the future of the UK.Here are some of the key recommendations from the panel, which was led by former prime minister Gordon Brown:  Abolish the indefensible' House of Lords The commission proposed replacing the unelected Upper Chamber with a smaller, more representative and democratic assembly of the nations and regions, although details would be matters for further consultation.
morepeople
#attorney-general

Hunter Biden, citing Trump ruling, moves to dismiss cases against him

Hunter Biden's attorneys seek to dismiss federal criminal cases citing a recent decision against Trump.
The appointment of special counsels in both Trump and Biden cases is being challenged for the same reasons.
The distinction between the appointments of special counsels for Trump and Biden is under scrutiny.
The argument is made that the legality of the appointment of a special counsel should apply consistently across different defendants.

Cannon's Dismissal of Trump Case Rejects Precedents of Higher Courts

Judge's ruling against special counsel appointment for Trump contradicted higher court rulings.

Hunter Biden, citing Trump ruling, moves to dismiss cases against him

Hunter Biden's attorneys seek to dismiss federal criminal cases citing a recent decision against Trump.
The appointment of special counsels in both Trump and Biden cases is being challenged for the same reasons.
The distinction between the appointments of special counsels for Trump and Biden is under scrutiny.
The argument is made that the legality of the appointment of a special counsel should apply consistently across different defendants.

Cannon's Dismissal of Trump Case Rejects Precedents of Higher Courts

Judge's ruling against special counsel appointment for Trump contradicted higher court rulings.
moreattorney-general

Charter School Status for Religious School Is Unconstitutional, Oklahoma Supreme Court Rules

Allowing a religious school to use taxpayer funds as a charter school could set a dangerous precedent.

What About Joe Biden And Barack Obama For A Ticket?

Barack Obama running as Biden's vice president might be a strategic move within constitutional limits.
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