The Latest Court Attack On Obamacare Could Backfire

Ken AshfordConstitution, Courts/Law, Health CareLeave a Comment

The latest conservative challenge to the Affordable Care Act, in which the Trump administration has taken the position that the health care law’s protections for preexisting conditions are unconstitutional, is heading to the courtroom. Federal judge Reed O’Connor, who has ruled against Obamacare before, is set to hear oral arguments on Wednesday, September 5. Trump lawyers are arguing that Obamacare’s most popular provisions … Read More

Trump Wants To Defy Constitution By Ending Birthright Citizenship

Ken AshfordConstitution, Immigration and Xenophobia, Trump & AdministrationLeave a Comment

He can’t do this.  He should know it: President Trump said he was preparing an executive order to end birthright citizenship in the United States, his latest attention-grabbing maneuver days before midterm congressional elections, during which he has sought to activate his base by vowing to clamp down on immigrants and immigration. “We’re the only country in the world where … Read More

Once Again, The GOP-Led NC Legislature Gets Foiled By The Courts In Their Attempt To Gerrymander

Ken AshfordBreaking News, Constitution, Election 2018, Local Interest, RepublicansLeave a Comment

Yesterday, a federal district court once again struck down North Carolina’s Republican-drawn congressional map as a partisan gerrymander in violation of the Constitution. This ruling reaffirmed the court’s January decision, which the Supreme Court vacated and told them to reconsider in June under a different legal theory of who has standing to sue. Indeed, while the Supreme Court said each district would have to be challenged individually … Read More

Abhorrent Actor Dropped By Agency

Ken AshfordConstitution, Rightwing Extremism/ViolenceLeave a Comment

Fox News reports: James Woods has been dropped by his talent agent, and received the announcement in an email sent during the Fourth of July holiday. The Oscar-nominated actor shared a screenshot of the email with the subject line “Well…” on his personal Twitter account. The agent, Ken Kaplan, said that he’d come to the decision to no longer represent the … Read More

We Are Fucked: Kennedy Is Retiring

Ken AshfordBreaking News, Constitution, Courts/Law, Supreme CourtLeave a Comment

NBC: Supreme Court Justice Anthony M. Kennedy announced Wednesday that he will retire when his successor is confirmed, preparing the way for the most significant change in the court’s makeup in half a century. The vacancy will allow President Donald Trump to make the U.S. Supreme court a solidly conservative body for years, if not generations, to come — a … Read More

Going After The Leakers: DOJ Gets Its First Scalp

Ken AshfordConstitution, Trump & AdministrationLeave a Comment

Federal prosecutors announced they were indicting James Wolfe, the former security director for the Senate Intelligence Committee, of lying to FBI agents in December 2017 about his contacts with three reporters, including through his use of encrypted messaging applications. According to the indictment, Wolfe made false statements to the FBI about providing two reporters with non-public information related to the … Read More

Giuliani: Trump Can “Probably” Pardon Himself

Ken AshfordConstitution, L'Affaire Russe, Trump & AdministrationLeave a Comment

In an interview this morning with ABC News Chief Anchor George Stephanopoulos on “This Week,” Rudy Giuliani discussed special counsel Robert Mueller’s investigation of whether the president may have tried to obstruct justice in the probe of Russian efforts to interfere in the 2016 U.S. presidential election. When Stephanopoulos asked if the president has the power to pardon himself, Giuliani … Read More

NFL Blows It

Ken AshfordConstitution, Race, Red Sox & Other SportsLeave a Comment

New NFL policy advanced today: The NFL Players Association responds: I suspect the NFL brass thought their policy was a good compromise in that it allows players to remain off the field. But this of course only means that players cannot protest. My view?  The players should stand and raise a “black power” salute. It will confuse everyone.

Judge Rules That Trump Cannot Block his Twitter Feed

Ken AshfordConstitution, Trump & AdministrationLeave a Comment

This case requires us to consider whether a public official may, consistent with the First Amendment, “block” a person from his Twitter account in response to the political views that person has expressed, and whether the analysis differs because that public official is the President of the United States. The answer to both questions is no. It is sort of … Read More

Now You’re Talking My Language

Ken AshfordConstitution, Courts/Law, L'Affaire Russe, Trump & AdministrationLeave a Comment

Trump takes a foray into legal argument: “The questions are an intrusion into the President’s Article 2 powers under the Constitution to fire any Executive Branch Employee…what the President was thinking is an outrageous…..as to the President’s unfettered power to fire anyone…” Joe Digenova, former US Attorney — Donald J. Trump (@realDonaldTrump) May 2, 2018 Yeah, he’s actually quoting his … Read More

Revealed: Stormy Daniels Wasn’t The Only One Who Signed A Non-Disclosure Agreement With Trump

Ken AshfordConstitution, Courts/Law, Trump & AdministrationLeave a Comment

This weekend we learned that in the early months of the administration, at the behest of now-President Trump, who was furious over leaks from within the White House, senior White House staff members were asked to, and did, sign nondisclosure agreements vowing not to reveal confidential information and exposing them to damages for any violation. Some balked at first but, … Read More