Tag: due process

ICE Officers Deport Illegal Immigrant

Prior Deportee Claims ‘Extreme Hardship’ Due Process Right

A noncitizen who was deported after he was convicted of an aggravated felony is asking the U.S. Supreme Court to find that the Constitution gives him a due process right to be informed that he has the right to allege “extreme hardship” before being deported.

Republican presidential candidate Donald Trump speaks at the NRA Leadership Forum on Friday, May 20, 2016, in Louisville, Ky. (Mark Cornelison/Lexington Herald-Leader/TNS via Getty Images)

Klukowski: Second Amendment and Due Process Allow NRA-Backed White House Proposal on “Extreme Risk Protection Orders”

The National Rifle Association is right to support President Trump’s call for state-level Emergency Risk Protection Orders (ERPOs) – under which a court can take guns in rare situations for just a few days when there is evidence that a person may be on the verge of extreme violence – because such temporary measures are consistent with the original meaning of the Constitution’s Second Amendment and Due Process Clause.

National Rifle Association executive director Chris W. Cox speaks at the National Rifle Association convention Saturday, May 21, 2016, in Louisville, Ky. (AP Photo/Mark Humphrey)

NRA Proposes Major Programs: Protect Schools, Fix Background Checks So Dangerous People Cannot Get Any Guns – ‘Period’

WASHINGTON, DC – The National Rifle Association (NRA) on Monday called for new legislation to improve background checks to identify people with violent mental illness and endorsed emergency court orders to temporarily disarm people on the verge of violence, coupled with robust due-process protections to guarantee that peaceable Americans are not deprived of their Second Amendment rights.

Ben Sasse Reuters

Sasse: Take Guns First, Due Process Second ‘Not How America Works’

On Thursday’s broadcast of the Fox News Channel’s “Special Report,” Senator Ben Sasse (R-NE) responded to President Trump’s comments on due process and gun violence restraining orders by stating that the president’s approach is putting government first and it’s “not

Hani Hasan Hanjour (Associated Press)

Analysis: Ninth Circuit Would Allow 9/11 Hijacker to Sue to Come to U.S.

The judgment of the Ninth Circuit upholding the temporary restraining order (TRO) against President Donald Trump’s recent executive order restricting travel from seven terror-prone countries would have allowed one of the 9/11 hijackers to sue the government to come to, or stay in, the United States.

Court Gavel

Texas Defends Law Criminalizing Migrant Sheltering in Court

The Mexican American Legal Defense and Educational Fund (MALDEF) and the State of Texas are fighting it out at the Fifth Circuit. Texas House Bill 11 is being challenged by open border advocates who say that it improperly targets illegal alien shelters and those who rent to illegal aliens. Oral argument is being conducted Wednesday.

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Texas Judge Orders CPS to Read Constitution After Misleading Court

A Texas father fought back after Child Protective Services unlawfully removed his daughter and filed legal pleadings that were not supported by the evidence. The agency also went to court without giving the father notice of the removal hearing. A judge has ordered the agency to pay the father’s legal expenses and ordered CPS personnel to read the Constitution.

DURHAM, NC - MAY 11: A gender neutral sign is posted outside a bathrooms at Oval Park Grill on May 11, 2016 in Durham, North Carolina. (Photo by Sara D. Davis/Getty Images) *** Local Caption *** House Bill 2

Federal Judge Blocks North Carolina’s HB 2 Bathroom Law

Plaintiffs in one of the lawsuits over North Carolina’s HB 2 (the “bathroom bill”) scored a partial victory Friday when a federal district court made clear it was bound by higher-court precedent to rule for the plaintiffs. But that victory may be short-lived, as the U.S. Supreme Court will likely decide this matter in 2017.

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Constitution Allows Muslim Immigration Ban

While Hillary Clinton and her Democrats are trying to sell Khizr Khan as a constitutional expert, the reality is that the Constitution allows Donald Trump’s proposed temporary ban on Muslim immigrants from terror-related countries. However, if a liberal justice takes Antonin Scalia’s seat on the Supreme Court, the ban would be struck down nonetheless.

Waco Shooting

Pair of Bikers in Twin Peaks Shootout Case Push to Recuse Waco D.A.

Bikers who were caught-up in the Twin Peaks arrests in May 2015 have filed motions to recuse the Waco District Attorney. They say they cannot get a fair trial because there is a conflict of interest and have asked for the appointment of an attorney pro tem.

Sen. Charles Schumer, D-N.Y., joined by, Sen. Chris Murphy, D-Conn., criticizes Republicans as allies of the gun lobby as Democratic senators call for gun control legislation in the wake of the mass shooting in an Orlando LGBT nightclub this week, Thursday, June 16, 2016, during a news conference on Capitol …

Sen. Schumer: I Salute Collins for Leading Fight for ‘Buck the NRA Bill’

The Democratic Senate Whip Sen. Charles Schumer (D.-N.Y.) told reporters that the most important thing about the No-Fly-No-Buy amendment proposed by Sen. Susan Collins (R.-Maine) is the opportunity to drive a wedge between the Republican Party and the National Rifle Association.

AP Photo/Dave Martin

Supreme Court: Pennsylvania Chief Justice Cannot Rule on Death Penalty Case

In a 5-3 split decision, last Thursday the Supreme Court held that Chief Justice Ronald Castille of the Pennsylvania Supreme Court cannot be part of deciding a convict’s case because 30 years ago he was one of the prosecutors involved with the original prosecution, creating an “impermissible risk” of bias that would violate due process.

Paul Ryan on June 9, 2016, in Washington, D.C.

Paul Ryan: Knee-Jerk Gun Control Not Orlando Solution

During his weekly press briefing Paul Ryan focused on due process and said he will “stand up and defend the constitution” against proposals that “take away a person’s rights without their due process.”

PAUL J. RICHARDS/AFP/Getty Images

Supreme Court Gives Win To Property Owners vs. Environmental Agency

In an opinion written by Supreme Court Chief Justice John Roberts, the Supreme Court ruled 8-0 in Army Corps of Engineers v. Hawkes Co. that a landowner can sue an agency over its “approved” version of a “Jurisdictional Determination.”

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Federal Judge Says Texas Can’t Outlaw Harboring Illegal Aliens

A federal district judge in San Antonio has issued an order stopping a Texas law criminalizing the harboring of illegal aliens, at least for now. The judge issued the preliminary injunction in MALDEF’s (Mexican American Legal Defense and Educational Fund) lawsuit challenging Texas House Bill 11, a law which open border advocates are fighting because they say it improperly targets illegal alien shelters and those who rent to illegal aliens.

Planned Parenthood

Pro-Life Undercover Activist: Lawyer for Planned Parenthood Pushed for My Indictment

HOUSTON, Texas — Lawyers representing an indicted activist connected with undercover expose videos of Planned Parenthood urged in motions filed on Thursday that at a “press conference, Mr. Josh Schaffer, counsel for Planned Parenthood, boasted that he ‘explicitly pushed prosecutors’ to charge Mr. Daleiden and Ms. Merritt.”

AP Photo/Brennan Linsley

FBI Declares Arbitrary Halt to Background Check Appeals

The FBI “temporarily” halted efforts to process denial appeals on background checks, thereby leaving up to “7,100” Americans in limbo as to whether the federal government will allow them to buy a gun.