Constitution | Le·gal In·sur·rec·tion - Part 7
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Posted by Jared Samilow on July 10, 2019 28 Comments
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 convention centers.

Posted by William A. Jacobson on June 27, 2019 10 Comments
In one of the major cases of this term, the Supreme Court has refused to provide a role for federal courts in deciding so-called partisan gerrymandering cases. That is, cases in which the federal courts pass judgment on the political process that gave rise to sometimes unfair districts benefitting one party or another. It was a straight 5-4 conservative-liberal split.

Posted by William A. Jacobson on May 09, 2019 53 Comments
There is no constitutional crisis regarding the House Intelligence Committee's unsuccessful attempt to get the unredacted Mueller report, including secret grand jury information, and the documents underlying the investigation. Disregard what Jerrold Nadler says about there being a constitutional crisis.

Posted by Mary Chastain on March 20, 2019 61 Comments
I wouldn't call our Founding Fathers perfect, but man did they leave us one of the greatest documents penned in the English language. Their brilliance provided America not only with the Bill of Rights, but with the Electoral College. Grumbles about the Electoral College have existed for a long time, but after President Donald Trump defeated Hillary Clinton, its elimination shot to the top of the Democrats list of issues in their campaigns. Sen. Elizabeth Warren proclaimed her wish to abolish the Electoral College at a recent town hall, but I don't think she's given it much thought to the mess this would create.

Posted by Jared Samilow on January 16, 2019 36 Comments
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 from inquiring about citizenship on census questionnaires anywhere in the country. There's a pretty good chance that this decision stands. 

Posted by Jared Samilow on January 06, 2019 15 Comments
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 standard for evaluating when state lawmakers cross a constitutional line.

Posted by Jared Samilow on December 21, 2018 25 Comments
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 won't be for at least three months.

Posted by New Neo on December 15, 2018 37 Comments
Vox's Matthew Yglesias believes that Alexandria Ocasio-Cortez should run for president. Hey, why not? What could possibly go wrong? Oh, and if she's not old enough—and, at 29, she's not—then it's time to "fix" the Constitution.

Posted by William A. Jacobson on December 14, 2018 96 Comments
Reed O'Connor, a federal judge in the Northern District of Texas, just killed Obamacare. If the ruling holds up on appeal, Obamacare is dead. As a doorknob. Not just the mandate or some other particular provisions. He killed the WHOLE THING.

Posted by William A. Jacobson on October 30, 2018 152 Comments
Axios reports this morning that Trump is considering signing an Executive Order ending birthright citizenship for children of illegal immigrants:
President Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil, he said yesterday in an exclusive interview for "Axios on HBO," a new four-part documentary news series debuting on HBO this Sunday at 6:30 p.m. ET/PT.
Here's the video clip teasing the interview: