Last week the Supreme Court heard oral argument in President Trump’s bid to quash subpoenas served upon his accountants by House committees and the Manhattan D.A. Convention wisdom says that he will lose. Lucky for him, he is faced with so much litigation that there is a case he is very...
About: Jared Samilow
All We Want for Christmas is More Judges: Ho, Ho, Ho

Appointing conservative judges is the one objective that unites the Republican Party. It is one of the few things the Senate can do without the House.
And it is something that immediately impacts public policy because, during times of divided government, many political fights end up being resolved judicially.
In Rebuke of Lower Court, SCOTUS Allows Trump Administration to Enforce Asylum Rule

President Trump’s administration won a significant victory at the Supreme Court on Wednesday afternoon.
The NYT’s Adam Liptak reports:
The Supreme Court on Wednesday allowed the Trump administration to bar many Central American migrants from seeking...
Ninth Circuit scale back of nationwide injunction against asylum rule a blow to anti-Trump lawfare

Nationwide injunctions issued by a single federal district judge have thwarted dozens of the Trump administration’s priorities. It’s a rigged game, since the plaintiffs get to choose a favorable venue and can sue repeatedly.
There are 94 judicial districts in the United States; the government could prevail in 93 of them but...
BREAKING: Supreme Court rules in favor of wall funding

The Trump administration may immediately repurpose about $2.5 billion in Pentagon funds for the construction of a border wall, the Supreme Court ruled Friday afternoon.
D.C. Circuit delays congressional Emoluments Clause case in setback to Trump opponents

Two months ago, Harvard Law Professor and fiercely anti-Trump pundit Laurence Tribe bragged that “it’s the president’s corrupt financial entanglements with foreign governments that I’ve always believed would bring him down in...
Trump wins emoluments case in 4th Circuit Court of Appeals

President Trump prevailed Wednesday morning in a lawsuit claiming that profits from his businesses violate the Emoluments Clauses of the Constitution.
The case was brought by the attorneys general of Maryland and Washington D.C., who said that Trump properties, notably the Trump International Hotel in D.C., were siphoning business away from state-owned...
Trump still wants to add citizenship question, but faces renewed opposition

The Trump administration is still exploring ways to add a citizenship question to the 2020 decennial census, Justice Department lawyers told a federal judge in Maryland on Friday.
(more…)
Trump administration reverses course on census, again, will pursue path forward with citizenship question

The Justice and Commerce Departments announced Tuesday afternoon that, in light of the Supreme Court’s decision last week in Department of Commerce v. New York, the Trump administration had abandoned its quest to add a citizenship question to the 2020 decennial census.
Chief Justice Roberts shot down Census citizenship question, but it’s not dead yet

On the morning of June 28, 2012, CNN and Fox News initially told viewers that the Supreme Court had struck down the Affordable Care Act’s individual mandate, not yet realizing that the court had saved it as a tax. Fox’s Shannon Bream declared that the mandate was “gone” and for six...
Census citizenship question opponents make desperate last-minute accusations

The Supreme Court will soon decide whether the Trump administration can include a question about citizenship on the 2020 census.
It might seem strange that such a matter is before the Supreme Court at all. But when the Trump administration explored adding the question it was not…especially solicitous, shall we say, about...
Federal judge orders citizenship question removed from 2020 Census

In a long-awaited and predictable decision, Judge Jesse M. Furman in the Southern District of New York ruled Tuesday that Commerce Secretary Wilbur Ross violated federal administrative law when he decided to reinstate a citizenship question on the 2020 Census. Judge Furman, who was appointed by President Obama, barred the Census Bureau...
Supreme Court takes up new partisan gerrymandering challenge

The Supreme Court announced Friday that it would, once again, consider whether partisan gerrymandering can be so extreme that it violates the Constitution.
The move comes after a term in which the justices had looked poised to impose some limits on partisan influence in redistricting, but ultimately seemed unable to agree on a workable...
Appeals Court Delays Emoluments Lawsuit against Trump

Last night, the Fourth Circuit stayed Maryland and Washington, D.C.’s Emoluments Clause lawsuit against President Trump in its entirety, while scheduling oral argument in the case to begin on March 19, 2019.
This means that the litigation will be completely paused until the court reaches a decision on the President’s petition, which...
Supreme Court hands Trump partial victory in lawsuit over citizenship question for 2020 census

On Monday night, the Supreme Court granted the Trump administration’s request to shield Commerce Secretary Wilbur Ross from being deposed in a lawsuit over the addition of a citizenship question to the 2020 census. But the Court declined to block the deposition of acting Assistant Attorney General John Gore, as the...
Federal Court may alter NC congressional districts for 2018 election

When it comes to judges, the President has a lot in common with North Carolina.
While the White House finds itself thwarted on an almost hourly basis by federal district judges, the Tar Heel State languishes under the iron heel of the Fourth Circuit, a federal appellate court based in Richmond, Virginia. ...
Trump Travel Order case may not be over, despite Supreme Court ruling

Most people assume that when the Supreme Court decides a case, it’s over. Final. That’s usually how it is, but not always. Sometimes when Court issues an opinion, it also sends the matter back to the lower courts for further consideration in light of the new guidance.
For procedural reasons I’ll explain soon,...