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July 2018

Posted by Leslie Eastman on July 19, 2018 32 Comments
For Legal Insurrection readers looking forward to the chaos and drama of November's election in California, I have some heartbreaking news. The California Supreme Court unanimously decided to remove from the ballot the measure that would eventually lead to a division of California into three states.
In a brief order, the court said it acted “because significant questions have been raised regarding the proposition’s validity and because we conclude that the potential harm in permitting the measure to remain on the ballot outweighs the potential harm in delaying the proposition to a future election.”

Posted by Mary Chastain on July 19, 2018 25 Comments
Back on June 24, Professor Jacobson blogged about how Rep. Maxine Waters (D-CA) encouraged people to harass Republicans and officials within President Donald Trump's administration in public. Now Waters is facing a protest organized by Oath Keepers and she does not approve.

Posted by Kemberlee Kaye on July 18, 2018 30 Comments
Rep. Beto O'Rourke is Sen. Ted Cruz's Democrat challenger in the upcoming midterm race. Despite being a Congressman, O'Rourke has poised himself as a D.C. outsider, much like Cruz did in 2012. Contra to Cruz's polished, poised self, O'Rourke is scrappy and irreverent.

Posted by Andrew Branca on July 18, 2018 77 Comments
I’m often asked to describe the most common way people screw up their self-defense claim. The truth is there isn’t a single most common way. Too many people manage to find an apparently infinite number of ways to step outside the bounds of the law. Often, there were a bunch of exits off that jail-bound freeway that they could have taken, but didn’t. For most normally law-abiding people this is not done out of malice, but ignorance. I mean ignorance not in a derogatory sense, but in a technical sense--they didn’t know where the legal boundaries were, and stepped over them without even knowing it.

“I can’t believe I got arrested for self-defense!”

In their minds they acted lawfully. “I can’t believe I’m being prosecuted for self-defense,” may be amongst the most common statements I hear from clients.

Posted by New Neo on July 18, 2018 30 Comments
When I was studying interpersonal communication and how to track an argument or any other verbal exchange, one thing that was very much emphasized was the difference between content and process. Content is just what it sounds like: the subject matter about which two people (let’s say, a married couple) are talking. “Did you do the dishes last night?” Process is everything else—for example, the emotion with which something is said, the type of vocabulary used, tone, repetition, body language, and the unspoken subtext (which can include a covert or overt goal of the speaker).

Posted by Leslie Eastman on July 18, 2018 79 Comments
Despite the fact that millions of their citizens are enjoying the "crumbs" of the tax cuts, including bonuses from their now prosperous companies, four states are filing lawsuits against the IRS, claiming the tax law is unconstitutional.
New York, Connecticut, Maryland and New Jersey filed a lawsuit Tuesday claiming last year's tax overhaul violated the constitution by unfairly targeting Democratic states. The law puts a new cap on how much Americans are allowed to deduct for state and local taxes, or SALT, from their federal bill. Once unlimited, the deduction is now capped at $10,000. Deductions help reduce a person's overall tax bill.

Posted by Mary Chastain on July 18, 2018 14 Comments
The House Appropriations Committee has introduced a fiscal year 2019 Homeland Security bill that includes $5 billion for a border wall that spans 200 miles and money to hire more ICE and border patrol agents. This could trigger a showdown with the Senate since that chamber only included $1.6 billion for a wall in its bill. President Donald Trump threatened a shut down of the government if he does not get more.
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