2016 Republican Primary | Le·gal In·sur·rec·tion - Part 11
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2016 Republican Primary Tag

Posted by William A. Jacobson on February 23, 2016 69 Comments
Earlier this month, Donald Trump called for a boycott of Apple products if Apple didn't unlock a terrorist phone for the feds, even though the case is in the courts. I made this comment at the time:
What, me worry about him in control of the IRS, FBI, DOJ, CIA, NSA, EPA, and Park Police?
Senator Ben Sasse made a similar comment on Twitter yesterday, after Trump threatened the owners of the Chicago Cubs for spending money against him in the campaign: https://twitter.com/BenSasse/status/701902499289161729

Posted by Mike LaChance on February 23, 2016 83 Comments
One of the most fascinating aspects of the Republican side of the 2016 election has been the sharp divide among conservatives over Donald Trump. People tend to fall into one of three camps; love him, hate him or will support him if he's the nominee. On one side, you've got multiple conservative writers and thinkers who insist Trump isn't a conservative at all, as we saw with the special edition of National Review. On the other side, you have people like Sean Hannity of FOX News, Jim Hoft of the Gateway Pundit and John Nolte of Breitbart, all conservatives who appear enthusiastic about Trump's rise.

Posted by Leslie Eastman on February 22, 2016 8 Comments
Being a big fan of Game of Thrones, I am really looking forward to the season 6 premier of the hit HBO series. Saturday night, I couldn't help but compare the end of Governor Jeb Bush's campaign to the unexpected loss of key characters that regularly occurs during episodes of the show. Apparently, I am not the only fan following Election 2016 closely. It seems some clever video creator merged current primary leader Donald Trump's statements into carefully selected scenes. The result is pure comedy gold. We get a review in Trumps's own words about the importance of building the wall, protecting citizens from Muslim terrorists, the art of the deal, the usefulness of waterboarding, and the recent exchange with Pope Francis.

Posted by Kemberlee Kaye on February 22, 2016 7 Comments
There is no positive way to spin this one. Speaking at a town hall event, Ohio's Governor and Republican Presidential contender, John Kasich said, "How did I get elected? I didn't have anybody for me, we just got an army of people who uh, and many women who left the kitchens to go out and go door to door and to put yards signs up for me."

Posted by David Gerstman on February 22, 2016 7 Comments
If you receive Morning Insurrection, you would have seen Prof. Miriam Elman's recommendation to read Jonah Goldberg's piece on the importance of foreign policy in the upcoming election. (If you don't currently read Morning Insurrection see the signup box in the upper right-hand corner of Legal Insurrection.) Goldberg wrote:
We can debate how much blame Obama deserves for Syria’s civil war, but almost no one outside his paid staff disputes that he’s only made things worse. The conflict there has set off the worst humanitarian crisis in Europe since the end of World War II — that’s John Kerry’s own assessment — which may yet tear the European Union asunder. The instability closer to the fighting is even more dangerous. Russia and Turkey may soon go to war with one another, as Russia mercilessly and indiscriminately massacres anyone standing in the way of its pet, Syrian president Bashar al-Assad. The Jordanian monarchy may crumble, in part for a lack of assistance from the United States.

Posted by William A. Jacobson on February 21, 2016 81 Comments
About a month ago, when Donald Trump was claiming that Ted Cruz probably was not eligible to be president, Trump was questioned by Jake Tapper about whether Marco Rubio was eligible. Trump exhibited some legal understanding of the issue, citing an op-ed written by Harvard Professor Laurence Tribe. Trump's conclusion was that he had no doubts Rubio was eligible:
"It's a different [than Ted Cruz], very different thing because he was born here. He was born on the land."
As the attacks on Cruz's eligibility rose in intensity and Trump threatened suit, I predicted that Trump would have a hard time holding that line if Rubio rose in the polls and became Trump's main challenger:

Posted by William A. Jacobson on February 20, 2016 18 Comments
It's something of a sideshow, but nonetheless interesting. Breitbart.com has been all over Marco Rubio for months over the Gang of 8 and immigration in general. I don't think Rubio has responded directly before, or if he did, it was the usual type of campaign responses to media. But last night, on the eve of the South Carolina primary, Breitbart ran a headline story about ICE officers calling out Rubio for dishonesty and betrayal. It got a Drudge Banner link (image via Jim Hoft):

Posted by William A. Jacobson on February 20, 2016 45 Comments
The video below was released last night on Facebook by former Clinton Secretary of Labor and noted liberal Robert Reich. Reich's argument is that Cruz actually believes his conservatism. Reich is right on a big picture basis, even if he exaggerates or distorts a couple of Cruz's positions. Trump, by contrast, is someone Reich feels will make deals and has no ideological foundation so while he's a bully, there's actually less to fear. Basically, Reich is telling liberals to be afraid, very afraid of Ted Cruz.
This Facebook comment reflects the general sentiment:

Posted by Kemberlee Kaye on February 18, 2016 106 Comments
Asked about Donald Trump Thursday, Pope Francis responded to a reporter saying, "“A person who thinks only about building walls, wherever they may be, and not building bridges, is not Christian.” Pope Francis' full remarks are here: pope francis full remarks The news reached Trump shortly before a press conference. He responded by calling Pope Francis, "disgraceful."

Posted by William A. Jacobson on February 18, 2016 104 Comments
At the South Carolina Debate, Donald Trump accused George W. Bush of lying us into the Iraq War by knowningly claiming there were WMD in Iraq when he knew there were none. While Trump has backed away from that statement slightly saying it might have just been a mistake, though not admitting he has backed away, his debate accusations were clear:
Trump further has claimed that he was against the Iraq War before it started, though no one has been able to find any record of Trump saying so prior to the War starting.

Posted by Kemberlee Kaye on February 17, 2016 25 Comments
In this edition of Today in Political Attack Ads, no one is handling the mudslinging too well.

Cruz campaign asks stations to stop airing anti-Cruz attack ad

Oh, boo hoo. Politics is a blood sport. Time for everyone to put their big boy pants on and stop whining about attack ads. Politico reports:
Ted Cruz's campaign sent a letter to TV stations across South Carolina and Georgia on Tuesday, demanding that they stop airing what it calls "a false attack ad" from the conservative super PAC American Future Fund that goes after the Texas senator on national security. "The ad falsely claims 'Cruz proposed mass legalization of illegal immigrants.' Ted Cruz has never introduced, outlined, or supported any policy that would give legal status to illegal immigrants," wrote Eric Brown, general counsel to the campaign, in the letter shared with the media. "Indeed, quite the opposite, Ted Cruz led the fight in Congress against legislation written by Senator Rubio, among others, that created legal permanent status for millions of people in the country unlawfully. At least two fact-checks have evaluated this claim and determined it to be false, and others found no evidence to support it.”

Posted by Jonathan Levin on February 16, 2016 28 Comments
Media discussion of Justice Scalia's death and its implications for the public unions case Friedrichs v. California Teachers Association overstates the impact and misses the larger issue. Before Justice Scalia died, it was very likely the Court would hold that it is unconstitutional for state law to require, or even simply allow, "agency shop" agreements compelling non-union members to nevertheless contribute to the union's collective bargaining and related expenses.  Now, the Court will probably affirm the Ninth Circuit's decision upholding agency shop agreements, but without setting precedent. That is obviously a better outcome for the Union, but how long will it last?  The New York Times says "a major threat to public unions has evaporated."  Reuters writes more temperately that "a 4-4 split is a likely outcome, which would hand a win to the unions as that would leave the lower court's ruling in their favor in place."

Posted by Fuzzy Slippers on February 16, 2016 127 Comments
Following Trump's eye-brow raising assertions that President Bush was not only responsible for 9/11 but purposefully and intentionally lied about weapons of mass destruction in Iraq, he faced a barrage of criticism from the right. Those on the right argued that he was not only wrong but that he sounded a bit too much like the "Bush lied, people died" sputterings of the fringe left (and of left-leaning "journalists" like Ron Fournier). Indeed, Dick Cheney noted on Monday that Trump's comments make him seem like a "liberal Democrat." The Blaze reports: