Tag: Samuel Alito

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.

Jeff Sessions, Trump, McGhann, Ho, Gorsuch, amyconeybarrett

Trump’s Historic Success Appointing Federal Judges in 2017

Even President Donald Trump’s critics cannot deny his historic success in 2017 in appointed judges to the Supreme Court and lower federal courts, exercising one of the greatest powers of the presidency in a way that will create a lasting legacy shaping the destiny of the nation.

Ten Commands in Public Square Alex WongGetty

Supreme Court Declines to Hear Ten Commandments Case

The Supreme Court on Monday denied review in a major constitutional case involving a Ten Commandments display, leading experts to speculate as to when the Court will take on the “big one” on what the Constitution requires regarding faith in the public square.

Josh Edelson/AFP/Getty Images

Supreme Court Ponders Striking Down State Constitution Anti-Faith Amendments

WASHINGTON—The Supreme Court seems poised to strike down constitutional amendments in 39 states that forbid tax money from going to churches after Wednesday’s oral arguments in Trinity Lutheran Church v. Comer, unless two procedural issues derail the case at the last minute.

Supreme Court Justice nominee Neil Gorsuch listens as he is asked a question as he testifies on Capitol Hill in Washington, Wednesday, March 22, 2017, during his confirmation hearing before the Senate Judiciary Committee. (AP Photo/Susan Walsh)

Klukowski: Nuclear Option Restores Constitutional Balance

Thursday’s nuclear option vote restores 200 years of Senate practice, going far beyond Neil Gorsuch’s confirmation to restore the proper constitutional balance for Supreme Court and federal court appointments.

gorsuch

Key Facts for Gorsuch Confirmation Fight

WASHINGTON—As senators prepare to vote on the confirmation of Neil Gorsuch to the U.S. Supreme Court, the Senate Judiciary Committee on Wednesday highlighted several key facts to the public to inform the nationwide discussion as the Senate increasingly appears headed to a historic outcome one way or the other.

Hernandez Shooting AP

Supreme Court Hears Case on Fatal Border Shooting

How a U.S. Border Patrol argent’s use of lethal force at the U.S-Mexican border implicates constitutional rights and foreign affairs dominated arguments at the U.S. Supreme Court on Tuesday in Hernandez v. Mesa. The lawyer arguing that the agent should be held liable had a rough day in front of the justices.

Central American immigrants sit after turning themselves in to U.S. Border Patrol agents on December 8, 2015 near Rio Grande City, Texas. They had just illegally crossed the U.S.-Mexico border into Texas to seek asylum

Supreme Court Considers Due-Process Rights of Criminal and Terrorist Aliens

Federal law requires that aliens who are caught crossing the border are not entitled to a bond hearing during removal proceedings. A separate law passed by Congress mandates that terrorist suspects and certain criminal aliens apprehended anywhere in the country shall not receive a bond hearing.

religious liberty

Justice Alito Asks, “WWSD: What Would Scalia Do?”

WASHINGTON—Justice Samuel Alito opened the Federalist Society’s National Lawyers Convention at the Mayflower Hotel last Thursday with a speech lauding his departed colleague Justice Antonin Scalia, with tales and reflections both professional and personal.

Clinton Debate Getty

Hillary Clinton Hypocrisy on the Supreme Court

“I regret deeply that the Senate has not done its job and they have not permitted a vote on” Merrick Garland’s Supreme Court nomination, Hillary Clinton charged during Sunday’s debate in St. Louis against Donald Trump. Not holding a vote to ensure “the full compliment of nine Supreme Court justices” is a “dereliction of duty,” she said.

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 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.”

The U.S. Supreme Court is seen in Washington, Monday, March 7, 2011. (AP Photo/J. Scott Applewhite)

Supreme Court: City Violated Cop’s Free-Speech Rights

Last week, the Supreme Court held that when the government mistakenly believes a person is exercising his free-speech rights, yet that person is, in fact, not exercising any rights at all, it still violates the First Amendment to punish that person for what officials thought he was doing. The Court’s conservative justices disagree.

Supreme court justices AP

Fate of Obama’s Amnesty Uncertain at Supreme Court

WASHINGTON—Justices on the Supreme Court were sharply divided on several aspects of President Barack Obama’s executive amnesty, but it’s very likely that the 26 states challenging Obama’s program will prevail, ending the president’s gambit to grant legal status to 4.5 million illegal aliens.

Anthony Kennedy (Win McNamee / Getty)

Worse than Obamacare: Housing Case Lets Feds Target ‘Unconscious’ Racism

In the Obamacare case, the Court pretended to know what was really in the minds of legislators in spite of their explicit words (and evidence of their actual intent). In Texas Housing, the Court has ruled that the federal government can decide what is really in the minds of ordinary people, whether they intend to discriminate or not.