Category: Presidential Election

July 24, 2017

Trump Jr. Emails and Meeting With Russian Lawyer Are Probable Cause of Federal Crime

Donald Trump Jr.’s email communication and subsequent meeting with a lawyer connected to the Russian government constitute probable cause that he and his father’s presidential campaign violated the Federal Election Campaign Act (52 U.S.C. §§ 30101, 30121). It is not yet clear whether these events are sufficient to obtain a criminal conviction. Special counsel Robert… Read more »

March 27, 2017

Neil Gorsuch and the Deconstruction of the Administrative State

When Donald Trump’s chief of staff Reince Priebus addressed the Conservative Political Action Committee in February, he identified two priorities of the administration: the confirmation of Neil Gorsuch to the Supreme Court, and deregulation. It turns out that elevating Gorsuch to the Supreme Court and achieving deregulation are inextricably linked.

March 23, 2017

Gorsuch Would Use “Originalism” to Affirm Right-Wing Agenda

Supreme Court nominee Neil Gorsuch says he’s an “originalist.” The late Justice Antonin Scalia, whom Gorsuch called “a lion of the law,” also championed originalism. Justice Clarence Thomas now stands alone on the high court as a self-proclaimed originalist. Largely discredited by courts and legal scholars, originalism is ultimately a way to reach a right-wing… Read more »

February 3, 2017

Trump’s Choice of Gorsuch Endangers Civil, Human and Environmental Rights

As promised, President Trump has nominated to the Supreme Court a judge in the mold of the late Justice Antonin Scalia. Neil Gorsuch, like Scalia, is an “originalist,” who interprets the Constitution the way he thinks the founders intended and a “textualist,” who favors the plain meaning of statutes and the Constitution. Gorsuch is a… Read more »

October 22, 2016

The Threat of a Right-Wing Supreme Court: Analyzing Trump’s Prospective Justices

As the media focuses on Donald Trump’s sexually predatory behavior and Hillary Clinton’s Wall Street speeches, the future of the Supreme Court has received only an occasional mention. During the final presidential debate, the topic was finally given some attention. When asked about late-term abortion, Clinton said Roe v. Wade “very clearly sets out that there can… Read more »

October 2, 2016

Trump’s Blindness Toward Slavery, Jim Crow

The almost daily reports of police killings of African-Americans and resulting community outrage have shined a light on persistent racism in the United States. Yet, in the first presidential debate, Donald Trump was asked what he would do to heal the racial divide and replied: “Bring back law and order.” He added that the use… Read more »

July 28, 2016

The Content of Donald Trump’s Character

In his acceptance speech for the Republican presidential nomination, Donald Trump declared, “My Dad, Fred Trump, was the smartest and hardest working man I ever knew. . . . It’s because of him that I learned, from my youngest age, to respect the dignity of work and the dignity of working people.” Donald apparently forgot… Read more »

July 6, 2016

How Justice Scalia’s Absence Has Affected the Supreme Court’s Decisions

If Justice Antonin Scalia had survived to participate in the remainder of the 2015-2016 Supreme Court term, his vote would have made a significant difference in the resolution of several cases. Moreover, if the Senate had confirmed Merrick Garland to fill Scalia’s seat, some of those cases might well have turned out differently. From unions’… Read more »

June 6, 2016

The Racial Divide Between Sanders and Trump

As I sat in the San Diego sunshine yesterday listening to Bernie Sanders outside of Qualcomm Stadium, I was struck by the stunning contrast between the senator and Donald Trump, particularly on the issue of race. Sanders emphasized racial justice, citing the courage of African Americans and their allies who fought against racism and bigotry… Read more »