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Ken Klukowski

Ken Klukowski

Latest News

Sanctuary City Funding Fight Likely Destined for Supreme Court

Lawsuits by Chicago and California against President Donald Trump’s sanctuary city executive order and Attorney General Jeff Sessions’ federal funding conditions are almost certain to end up at the Supreme Court within two years, raising profound constitutional questions about immigration, state sovereignty, and the rule of law.

Justice Department Argues Congress, Not Courts, Makes Sexual Orientation Laws

WASHINGTON, DC—Justice Department lawyers told a federal appeals court on Wednesday that only Congress can decide to make sexual orientation and gender identity protected classes under federal civil rights laws, reversing the Obama administration’s position that courts can reinterpret previous laws to include these new social categories.

WASINGTON, DC - JANUARY 20: President Donald Trump and former President Barack Obama walk out prior to Obama's departure during the 2017 presidential inauguration at the U.S. Capitol January 20, 2017 in Washington, DC. Donald Trump was sworn in as the 45th President of the United States. (Photo by Jack Gruber-Pool/Getty Images)

Federal Appeals Court: Trump EPA Cannot Delay Obama EPA Methane Rule

A federal appeals court in Washington, DC, last week claimed the power to override President Donald Trump’s Environmental Protection Agency when the agency reconsiders an Obama-era regulation. While the specifics sound bureaucratic and are laced with legalese, this decision creates a new precedent that likely only the Supreme Court can reverse.

Justices Gorsuch and Scalia

Klukowski: Justices Gorsuch and Scalia’s Legacy on Independence Day

President Donald Trump set a high bar when he promised to nominate a successor to Justice Antonin Scalia who would fill the shoes of the conservative lion. Last month’s decisions proved Justice Neil Gorsuch is indeed an originalist in the mold of Justice Scalia whom all Americans can celebrate this Independence Day, though it will take years for the newest justice to set forth all the nuances of his legal philosophy.

Justice Kennedy Considers Retirement in 2018

Rumor has it that Justice Anthony Kennedy is telling potential new law clerks that he is considering retiring from the Supreme Court next summer, setting up an epic showdown for the 2018 midterm elections.

Supreme Court Orders Hearing on Fatal Border Shooting of Mexican Teenager

The Supreme Court set aside an appeals court decision involving the fatal border shooting of a Mexican national by a U.S. Border Patrol agent, sending the case back down for further proceedings on possible violations of constitutional rights and whether the agent is personally liable to pay money to the Mexican citizen’s family.

Brandon Oathout of Johnstown, N.Y., attends a Second Amendment rally at the Capitol on Tuesday, May 21, 2013, in Albany, N.Y. A few hundred people gathered for the rally pressing for repeal of the state's new tough laws that were enacted a month after the Newtown, Ct., school massacre. (AP Photo/Mike Groll)

Justices Thomas and Gorsuch: Supreme Court Should Take More Second Amendment Cases

Gun owners were disappointed Monday when the U.S. Supreme Court declined to take perhaps the highest-profile Second Amendment case in the country right now: Peruta v. California.

Justices Clarence Thomas and Neil Gorsuch share those gun owners’ disappointment, declaring the need for the nation’s highest court to require adherence to its Second Amendment precedents.

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Supreme Court Rules for Federal Agents in 9/11 Lawsuits

The Supreme Court on Monday ruled on lawsuits involving the September 11, 2001, terrorist attacks that have been running since then, ruling mostly in favor of the federal agents sued for their actions following the attacks, but remanding one issue back to the lower courts for another hearing.

WASHINGTON, DC-JAN 27: President Trump will most likely fill a vacancy on the Supreme Court this year. Many expect him to put forward a conservative justice that will tip the balance of the court. This will particularly be important as conservatives hope to overturn cases such as Roe v. Wade. (Photo by Michael S. Williamson/The Washington Post via Getty Images)

Big Cases Still Waiting for Supreme Court Decisions in 2017

Seventeen cases from this year’s Supreme Court term are still pending, with decisions expected in the next eight days. Religious liberty, the constitutional rights of illegal aliens, and free-speech rights to express messages some people find offensive are several of the high-profile issues raised in the remaining cases.

Trump Could Silence Comey, But Lets Him Speak

President Donald Trump has constitutional authority to prevent former FBI Director James Comey from testifying before Congress by invoking executive privilege but instead has chosen to let his former top investigator speak publicly.

Trump Diffuses Constitutional Crisis by Leaving Paris Treaty

President Donald Trump’s decision on Thursday to leave the Paris Agreement may have saved the federal government from an embarrassing court defeat, because there is a serious constitutional argument that the agreement was unconstitutional unless ratified by the Senate as a treaty.

Trump Surges in Polls During First Foreign Trip

President Donald Trump is apparently receiving high marks for his foreign diplomacy. Rasmussen shows an upswing in the president’s approval ratings as he travels to various hot spots around the globe to advance his foreign policy goals.

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