Tag: Antonin Scalia

Janus case (Alex Wong / Getty)

Supreme Court Ends Compulsory Public Sector Union Dues, 5-4

The U.S. Supreme Court handed down its decision in Janus v. AFSCME on Wednesday, ruling 5-4 that public sector unions could no longer compel non-members to pay dues because it violated their First Amendment rights.

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.

daca-activists

Supreme Court Refuses to Weigh into DACA Fight—for Now

WASHINGTON, DC – The U.S. Supreme Court on Monday denied the U.S. Department of Justice’s (DOJ’s) petition to decide whether the Trump administration’s decision to end Deferred Action for Childhood Arrivals (DACA) is permitted by federal law. But the Court also made clear that it was only denying DOJ’s extremely rare request to skip the federal appeals court that currently has the case, making it almost certain that the nation’s highest court will take up the case later this year.

Janet Napolitano

Federal Court Orders Trump Administration to Reinstate DACA

A federal district court in California on Tuesday ordered the U.S. Department of Homeland Security (DHS) to immediately reinstate DACA, in a lawsuit brought by former DHS Secretary Janet Napolitano against current DHS Secretary Kirstjen Nielsen.

amnesty

Conservatives Praise Trump, McConnell, and Grassley on Judges

The Judicial Crisis Network (JCN) has launched a six-figure ad campaign thanking President Donald Trump and Senators Mitch McConnell (R-KY) and Chuck Grassley (R-IA) for their historic achievements on appointing federal judges during the first year of the Trump presidency.

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.

(L-R) Justice Anthony Kennedy, US President Donald Trump, and Neil Gorsuch take part in Gorsuch's swearing-in ceremony as an associate justice of the US Supreme Court in the Rose Garden of the White House on April 10, 2017 in Washington, DC. / AFP PHOTO / MANDEL NGAN (Photo credit should …

Donald Trump Announces Five More Names for Supreme Court List

President Donald Trump added five judges to his list of potential Supreme Court justices on Friday, as the White House prepares for the possibility of a vacancy on the nation’s highest court before the 2018 midterm elections.

Neil Gorsuch (Mandel Ngam / AFP / Getty)

One Year Later, Trump Making History on Judges and Supreme Court

Donald J. Trump made such bold promises regarding the type of federal judges and Supreme Court justices he would appoint as president that his detractors said he must be pandering. One year later, President Trump has the most consistent record of nominating only originalists to the federal bench of any modern president.

Amy Coney Barrett

Senate Confirms Judge Amy Coney Barrett, More Judges Coming This Week

WASHINGTON—Even the toughest critics of the Senate have something to celebrate this week, as Senate Majority Leader Mitch McConnell (R-KY) led his caucus to confirm two of President Donald Trump’s judicial nominees, with three more coming this week.

California Teachers Association (Mark Wilson / Getty)

California Unions Fear Supreme Court’s Decision on Janus Case

But now they fear their worst nightmares are about to come true, with Justice Neil Gorsuch joining the panel to rule on Janus v. AFSCME, an Illinois case that involves the same fight over free speech rights and collective bargaining.

Noel Francisco Mark WilsonGetty Images

Senate Confirms Noel Francisco as Solicitor General

Senators on Tuesday confirmed Noel Francisco as solicitor general of the United States—the nation’s top lawyer before the U.S. Supreme Court—ending weeks of delays and obstruction, just days before the Trump administration will begin arguing a host of major cases before the justices. The vote was shockingly narrow with a tally of 50-47.

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.

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. …

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.

House Intelligence Committee Ranking Member Adam Schiff (D-CA).

Adam Schiff Threatens to Violate Constitution–Twice–with Independent Counsel

Rep. Adam Schiff (D-CA) threatened to have Congress appoint a special counsel, despite the Supreme Court’s decision that it is unconstitutional for Congress to appoint any federal official. This decision came from a case so famous that the lawmaker almost certainly learned it as a student at Harvard Law School.

Jeff Sessions

Calls for Special Prosecutor Driven by Politics, Not Law

Calls for a special counsel to pursue a possible Russia investigation are dead wrong on the law, as are calls for Attorney General Jeff Sessions not to advise President Trump on selecting a new FBI director. This is politics at its most cynical.

Constitution

Trump Appointment of Gorsuch an Epic 100-Day Success

President Donald Trump’s successful appointment of Justice Neil Gorsuch to the Supreme Court is a major achievement that not even his critics can deny, one that has been a tremendous credit to Trump, with no political downside.

Getty

President Trump Quietly Rolling Back Obama-Era Gun Controls

While rolling back onerous Obama-era environmental and business regulations, President Donald Trump has also been quietly dropping gun controls which were either put in place or at least prolonged by the Obama administration.

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.

Sen. Susan Collins (R-ME) talks with reporters before heading into the GOP policy luncheons at the U.S. Capitol February 3, 2015 in Washington, DC. Congress is heading for a showdown with the White House as they threaten to cut off funding for the Homeland Security Department in reaction to President …

Sen. Collins Leaning Toward Constitutional Option

WASHINGTON—Sen. Susan Collins (R-ME) signaled she might vote for the constitutional option to confirm Judge Neil Gorsuch to the Supreme Court, which would make her the second member of the Gang of 14 to do so, and move Senate Majority Leader Mitch McConnell (R-KY) one vote closer to the 50 that he needs to make it happen.

Senate

Senate Set for Historic Supreme Court Vote on Friday

WASHINGTON—This week’s Senate showdown over the pending Supreme Court confirmation will go down in history because by next weekend America will either see the first ever successful partisan filibuster of a nominee or the Senate will reject using filibusters to block presidential nominations.