Tag: Constitution

September 22, 2022

States Need Constitutional Amendments to Protect Abortion From Right-Wing Judges

Since the right-wing majority of the Supreme Court held in Dobbs v. Jackson Women’s Health Organization that the U.S. Constitution does not protect the right to abortion, many states have restricted or outright banned the procedure. But some states, like California, are endeavoring to enshrine the right to abortion in their constitutions. Although the California Supreme Court… Read more »

February 27, 2019

Congress Is Unlikely to Stop Trump’s “Emergency,” But Lawsuits Could

On February 26, the House of Representatives adopted a resolution overturning Donald Trump’s trumped-up “national emergency” proclamation, in which he claims authority to fulfill his campaign promise to build a wall at the southern border. The National Emergencies Act requires Senate Majority Leader Mitch McConnell to bring the House resolution to a vote within 18 days. In order… Read more »

September 19, 2017

Will Judge Overturn Arpaio Pardon?

When Donald Trump plunged a dagger through the hearts of former Arizona sheriff Joe Arpaio’s victims and all justice-loving people by pardoning the racist serial lawbreaker, many threw up their hands in resignation. The president’s constitutional pardon power is absolute, they thought. Not so, argue lawyers and legal scholars in two proposed amicus briefs filed… Read more »

June 8, 2017

Trump’s Climate Withdrawal is an Impeachable Offense

When President Donald Trump began the process of withdrawing the United States from the Paris climate agreement, he acted in concert with 22 Republican senators, who collectively receive $10,694,284 in contributions from the coal and oil industries. These 22 senators wrote to Trump, asking him to pull out of the accord. The president and the… Read more »

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 4, 2017

Trump’s Unconstitutional Muslim Ban

On January 27, 2017, President Trump made good on his campaign promise to institute a ban on Muslims entering the US. Trump’s executive order(“EO”) is titled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The EO bars nationals from seven Muslim-majority countries from the US for at least 90 days. They include Iraq,… 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 »

May 15, 2014

Death to the Death Penalty

The recent torturous execution of Clayton Lockett in Oklahoma has propelled the death penalty into the national discourse. The secret three-drug cocktail prison authorities administered to Lockett – the first to render him unconscious, the second to paralyze him, and the third to stop his heart and kill him – didn’t work as planned. After… Read more »