Is Kavanaugh Really Bad?

Ken AshfordSupreme CourtLeave a Comment

Make no mistake about it: the appointment of Brett Kavanaugh to the Supreme Court is bad news. But the bad news arrived on Election Day 2016, not yesterday.  Kavanaugh was inevitable. I have been downplaying the fear and anguish that some on the left are going through.  Quite often, I’ve been hearing and reading things like this: Kavanaugh has argued … Read More

Who Will It Be?

Ken AshfordSupreme Court, Trump & AdministrationLeave a Comment

NY Times: Signaling he has not yet settled on his pick for the Supreme Court, President Trump on Monday morning worked the phones primarily seeking input about two judges who are apparently the finalists, Brett Kavanaugh and Thomas Hardiman, people familiar with the discussions said. Mr. Trump appeared to be going back and forth between Judge Kavanaugh, the favorite of … 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

SCOTUS Upholds Travel Ban 3.0 And We’re Never Going To Hear The End Of It

Ken AshfordImmigration and Xenophobia, Supreme Court, Trump & AdministrationLeave a Comment

Third time is a charm. The Supreme Court upheld President Trump’s most recent travel ban today in a 5-4 decision, ruling that it falls within the president’s traditional power to control immigration policy.  The Court split was on ideological grounds, with Kennedy siding with the majority. The travel ban was Trump’s first big policy announcement, touching off first big policy-specific … Read More

Supreme Court Notes

Ken AshfordConstitution, Supreme CourtLeave a Comment

Some US Supreme Court news this morning:   (1) North Carolina has – um, HAD — a law that said registered sex offenders could not go to certain sites on the Intertubes. The Supreme Court struck down that law, saying it violated First Amendment. The decision was 8-0, although there was sharp disagreement about how much states can regulate Internet … Read More

Trump Loses In Federal Court…. Again…. This Time on Sanctuary Cities

Ken AshfordCourts/Law, Immigration and Xenophobia, Supreme Court, Trump & AdministrationLeave a Comment

A federal district court ruling yesterday bars President Trump from withholding funds from jurisdictions that refuse to cooperate with federal agencies to deport undocumented immigrants, marking his second setback in court on immigration.  The first setback, of course, was his Muslim ban. Before I get to the substance of this post, first things first: First the Ninth Circuit rules against … Read More

Does Korematsu Provide Precedent For A Muslim Registry?

Ken AshfordConstitution, Godstuff, Race, Supreme Court, Trump & Administration, War on Terrorism/TortureLeave a Comment

No. No, it doesn’t.  Not even a close call. Let’s just all get on the same page. This is happening: Trump surrogates are already citing Japanese internment camps from WW II as “precedent” for Muslim registry pic.twitter.com/DVnjtom0mc — Brendan Karet (@bad_takes) November 17, 2016 And the obvious question is…. would it be constitutional for the government to require citizens to … Read More

Breaking: Big Victory For Voter Rights — No Voter ID In Upcoming NC Elections

Ken AshfordBreaking News, Constitution, Courts/Law, Election 2016, Supreme Court, Voter SuppressionLeave a Comment

NC voter ID law will NOT be enforced in fall election after the U.S. Supreme Court denies stay request (in a 4-4 split — obviously, had Scalia lived, it would have been a loss for voting rights advocates, but he didn’t so……) The stay was a request by Republican Gov. Pat McCrory and state officials to delay a permanent injunction blocking provisions in … Read More

Breaking: 4th Circuit Overturns Lower Court; Finds That GOP “Intentionally” Passed “Discriminatory” Voting Rights Law

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

The United States Court of Appeals for the Fourth Circuit invalidated North Carolina’s stringent new voting restrictions, holding that the law violates both the United States Constitution and the Voting Rights Act. The North Carolina measure, the Fourth Circuit held, has a discriminatory impact on black voters, impermissibly burdening their voting rights under the VRA. More boldly, the court also … Read More

SCOTUS Strikes Down Oppressive Abortion Restrictions

Ken AshfordBreaking News, Constitution, Election 2016, Health Care, Sex/Morality/Family Values, Supreme Court, Women's IssuesLeave a Comment

This morning, the Supreme Court struck down parts of a restrictive Texas law that could have reduced the number of abortion clinics in the state to about 10 from what was once a high of roughly 40. The 5-to-3 decision was the court’s most sweeping statement on abortion rights since Planned Parenthood v. Casey in 1992. It applied a skeptical … Read More

Breaking: Scotus Decisions

Ken AshfordEducation, Race, Supreme CourtLeave a Comment

Three big cases remain outstanding on the SCOTUS docket: one on abortion, one on immigration, and one on affirmative action.  The last one was just handed down moments ago. FISHER v UNIVERSITY OF TEXAS Facts of the case In 1997, the Texas legislature enacted a law requiring the University of Texas to admit all high school seniors who ranked in … Read More

Supreme Court Cases We’re Watching

Ken AshfordGun Control, Supreme CourtLeave a Comment

It’s getting close to the end of the Supreme Court term, and this is when controversial cases start coming out. Although a few cases were handed down today, they weren’t the ones on my particular radar.  The ones of national import, I believe, are: Fisher v. University of Texas at Austin (argued December 9, 2015).  This case, a challenge to … Read More