Ken Klukowski

Ken Klukowski

WASHINGTON, DC - NOVEMBER 30: United States Supreme Court (Front L-R) Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel Alito, Jr., (Back L-R) Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice …

Politico Spreads Rumors on Ruth Bader Ginsburg Leaving Supreme Court

National networks and pundits are breathlessly repeating rumors that Justice Ruth Bader Ginsburg will imminently be leaving the Supreme Court and that the White House is preparing for an all-out confirmation war. But part of those reports are definitely false, and the rest may be false as well.

Construction crews install new border wall sections Wednesday, Jan. 9, 2019, seen from Tijuana, Mexico. U.S. President Donald Trump walked out of his negotiating meeting with congressional leaders Wednesday — "I said bye-bye," he tweeted— as efforts to end the 19-day partial government shutdown fell into deeper disarray over his …

Currently 31 National Emergencies; Trump’s Border Emergency Would Make 32

There are currently 31 national emergencies recognized under federal law. If President Donald Trump declares a national emergency over the border crisis, it would increase that number to 32, putting in perspective how common it is for U.S. presidents to exercise that legal authority.

political gerrymandering

Supreme Court to Tackle Political Redistricting in March

The Supreme Court will tackle political gerrymanders, possibly ending a decades-long constitutional debate over whether courts can somehow take political calculations out of political redistricting.

Transgender US Army Reseve Captain Sage Fox speaks during a conference entitled "Perspectives on Transgender Military Service from Around the Globe" organized by the American Civil Liberties Union (ACLU) and the Palm Center in Washington on October 20, 2014. Transgender military personnel from 18 countries who allow them to serve …

Federal Appeals Court Reinstates Longstanding Policy on Transgender Troops

Federal appellate judges in D.C. dissolved a trial court injunction on Friday that had been blocking President Donald Trump’s decision to continue the decades-long policy banning transgender individuals from military service, but the policy continues to be blocked by other courts as the Supreme Court prepares to vote on reviewing the matter.

Circa 4 BC, The shepherds kneeling before the newly born Jesus Christ and Mary and Joseph in the stable at Bethlehem. Original Artwork: 'The Adoration of the Shepherds' by Giorgione (Photo by Hulton Archive/Getty Images)

Emmanuel: God with Us, Born that Man No More May Die

While billions across the globe celebrate Christmas as a cultural event for family and exchanging gifts, for countless faithful Christians it is about celebrating the birth of Jesus Christ, Emmanuel – “God with Us” – whom they believe was born not only to reveal the will of God, but more importantly to die so that billions may live.

A December 10, 2018 photo shows the US Supreme Court in Washington, DC. - The US Supreme Court declined to hear appeal cases by Kansas and Louisiana to end public funding through Medicaid to Planned Parenthood. (Photo by MANDEL NGAN / AFP) (Photo credit should read MANDEL NGAN/AFP/Getty Images)

Supreme Court Takes Case to Reconsider Major Federal Powers Doctrine

The Supreme Court on Monday took a case that could overrule Auer deference, a doctrine under which courts defer to federal agencies regarding the scope of their regulatory power, a case with major implications for the powers of the federal government.

Kavanaugh, Roberts, Planned Parenthood

Brett Kavanaugh and John Roberts Reject Two Cases Involving Planned Parenthood

The Supreme Court on Monday refused to take cases involving Medicaid lawsuits, with Justices Thomas, Alito, and Gorsuch expressing concern that some of their colleagues – likely meaning John Roberts and Brett Kavanaugh – are “abdicating our judicial duty” because the cases involve Planned Parenthood, which many Americans equate with abortion rights.

Former FBI director James Comey released an explosive statement on his contacts with President Donald Trump a day ahead of his testimony to Congress

Comey Surrenders to House Republicans, Calls It ‘Striking a Deal’

Former FBI Director James Comey surrendered his attempts to block a subpoena to testify under oath before the U.S. House, shortly after it became likely that a federal judge was going to humiliate him by rejecting his “brazen demand,” because Supreme Court precedent makes clear that federal courts lack the authority to block such a subpoena from Congress.

WASHINGTON, DC - SEPTEMBER 28: U.S. Sen. Jeff Flake (R-AZ) speaks to members of the media after a meeting in the office of Senate Majority Leader Sen. Mitch McConnell (R-KY) September 28, 2018 at the U.S. Capitol in Washington, DC. President Donald Trump has ordered a one-week-long supplemental FBI background …

Flake Votes ‘No’ on Judges, Grassley Cancels Votes for Remainder of 2018

Outgoing Never Trump Sen. Jeff Flake (R-AZ) is voting against all judicial nominees unless he gets a vote on legislation to protect Robert Mueller, scuttling 21 upcoming Senate Judiciary Committee (SJC) votes, requiring Vice President Mike Pence to break ties for some nominees already on the Senate floor, and requiring all others to be re-nominated in 2019.

The Associated Press

Federalist Society and Conservatives’ Wishlist for Attorney General

The Federalist Society’s national convention is the foremost gathering of conservative legal minds in America, and this year it was abuzz with the names of several giants from whom this critical part of President Donald Trump’s base hopes he will choose his next attorney general.

Jim Acosta, Donald Trump

Klukowski: DOJ Should Appeal Court’s Reinstating CNN Acosta’s Credentials

A federal judge ordered the Trump administration in Washington, DC, on Friday to restore the White House press credentials of CNN’s Jim Acosta. But the appellate precedent underlying that order is wrong, so the Justice Department should continue appealing it all the way to the Supreme Court, where the case should be dismissed under the political-question doctrine.

Donald Trump, Matthew Whitaker

Justice Department Explains Why Whitaker Appointment Is Legal; Maryland Sues

The U.S. Department of Justice (DOJ) is defending the legality of President Donald Trump’s appointing Matthew Whitaker as acting attorney general, showing the president’s decision is consistent with the Constitution, federal law, and Supreme Court precedent, as the State of Maryland seeks a court order ousting Whitaker.

As President Donald Trump points to CNN's Jim Acosta, a White House aide takes the microphone from him during a news conference in the East Room of the White House, Wednesday, Nov. 7, 2018, in Washington.

Klukowski: Donald Trump Will Win CNN Lawsuit; Constitution on His Side

President Donald Trump will win the lawsuit that CNN filed against him on Tuesday after the White House revoked Jim Acosta’s press pass, both because the Constitution does not allow a federal court to issue this kind of order to the White House and because the First Amendment does not protect what Acosta did.

Donald Trump, Matthew Whitaker

Klukowski: The Legal Case for Matthew Whitaker’s Appointment as Acting Attorney General

It is hard to see how arguments that President Trump cannot appoint Matthew Whitaker as acting attorney general, because even temporary top positions must be Senate-confirmed, could be correct. Otherwise the Constitution could deprive the nation of a functioning government every time a new party wins the presidency while the opposition party holds the Senate.

The Associated Press

Trump-Sessions Justice Department Asks Supreme Court to Decide DACA Now

U.S. Solicitor General Noel Francisco petitioned the Supreme Court on Monday to immediately review the legality of the Trump administration’s ending the DACA amnesty program, bypassing the Ninth Circuit appeals court and ending the six-year legal saga by next summer.

US President Donald Trump salutes as he arrives for a campaign rally in Estero, Florida, on October 31, 2018. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)

Klukowski: How Trump Could Win on Birthright Citizenship

President Donald Trump is considering an executive order restricting birthright citizenship for illegal aliens’ children, which could create a Supreme Court test case that could end that misinterpretation of the Constitution’s Fourteenth Amendment, either through presidential action or through legislation.

James Ho, Amul Thapar

Trump Judges Signal Resurgence of Limited Government Over Runaway Federal Government

Two Trump-appointed minority judges in their forties—Amul Thapar and James Ho—are joining Trump Supreme Court justices in questioning two major legal doctrines that give vast powers to federal agencies, possibly heralding that President Donald Trump could build a judicial majority that scales back the administrative state.   

Trump Transition Team

Trump Transition’s Ado Machida Named President of Hard Rock Japan

Hard Rock International announced Monday that it has named Ado Machida, a former senior White House official who led the policy implementation department of President Donald Trump’s residential transition team, as president of Hard Rock Japan.