Category Archives: Constitution

A Small Caution for Trump on the Pardon Power With Respect to Federal Contempts

It does appear to be good law that even Federal Court criminal contempts are pardonable by presidents.  (I had  thought there might be a separation of power claim.) However, the Supreme Curt has hinted, back in 1925, that a pattern … Continue reading

Posted in Access to Justice Generally, Constitution, Contempt, Criminal Law, Federal Courts, White House

ICE Policy Insults Courts by Not Treating Them as “Sensitive Locations.” This Calls for Far More Forceful Response By National Access and Court Organizations.

This from the ICE FAQ page says it all: Are courthouses sensitive locations? Courthouses do not fall under ICE or CBP’s policies concerning enforcement actions at or focused on sensitive locations. In other words, courts are not the kind of … Continue reading

Posted in Constitution, Court Management, Immigration, Judicial Supremacy, Self-Help Services, White House

A Contrarian View on Libel Law — Dealing with The Situation in Which The Courts Should Be Available to Establish The Truth, and Cheaply, While Making Sure that Libel Law Remains a Tool That Can Be Used By Truth Seekers To Counter Merchants of Hate

So the great and the good (and me, this time) get all upset when Trump talks about loosening libel law.  It not only fits with his ignorant aggrieved victim persona, but can be very effective at intimidating critics. But maybe … Continue reading

Posted in Constitution, Libel Law, Supreme Court, White House

Nevada Shows It Is Time for Another Shot at the Equal Rights Amendment

I have been thinking for a few days that maybe it was time to think about a new initiative to pass the (gender) Equal Rights Amendment (ERA). My thought was that the last failures to reach the required three quarter … Continue reading

Posted in Constitution, Discrimination, Supreme Court

Yet Another Way to Challenge the Legal Sufficiency of the Trump Presidency — Competency to Sign Orders and Bills

There has finally started to be some attention to the 25th Amendment mechanism for removal of the President (Larry Tribe on MSNBC, transcript here). The main problem is that while the VP would surely welcome such a development, can not … Continue reading

Posted in Access to Justice Generally, Attorney-Client, Congress, Constitution, Supreme Court, White House

The Totally Unbalanced Amici List in the Ninth Circuit Tells the Whole Story

As a general matter, the line up of amici in a significant case provides some indication of how institutions are lining up on the issue.  If this were an issue on which the country were split, one might expect that … Continue reading

Posted in Constitution, Judicial Supremacy

On the Need for Uncompromising Reassertions of Neutral Principles Regardless of Inevitable Political Implications

There is obviously a lot to cheer about today, as different aspects of our complex, flexible, and therefore very resilient system starts to trigger its anti-fascism-antibodies. One of the most important, in the long term, may be the fact that … Continue reading

Posted in Access to Justice Generally, Constitution, International Cooperation, Judicial Ethics, Science

Principles for Legitimacy In Questioned Elections

Given the extreme importance for access to justice that even highly inflammatory issues are decided on a neutral and principled basis, I cross post my recent blog that discusses Legitimacy.  The Principles are intended to be non-partisan and universal. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ … Continue reading

Posted in Access to Justice Generally, Congress, Constitution, Judicial Ethics | 1 Comment

True Neutrality in a Time of Existential Crisis

What is rapidly becoming not a national existential crisis, but a world existential crisis forces us to examine not the limits of neutrality, but the obligations of neutrality. The United States is enriched by enormous numbers of organizations that are … Continue reading

Posted in Access to Justice Generally, Constitution, Federal Courts, Judicial Ethics | 2 Comments

Would Having Famous White Actors Re-Enact Being the Shooting Victims Help Change White Attitudes?

It is great that celebrities are being used to draw attention to the wide variety of situations in which Black people can be shot by cops in the US. But surely it would be more of an opinion changer if … Continue reading

Posted in Chasm with Communities, Constitution, Criminal Law, Policing | 2 Comments

The Legal System Continues, per Ginsburg, J., To Protect the Constitutional System Against Trump

Yesterday morning the New York Times published a precedent-shattering interview with Justice Ruth Bader Ginsburg. Unless they have a book to sell, Supreme Court justices rarely give interviews. Even then, they diligently avoid political topics. Justice Ruth Bader Ginsburg takes … Continue reading

Posted in Access to Justice Generally, Constitution, Judicial Ethics, Supreme Court, White House | 1 Comment

Watching for Signs of Dictatorship and the Legal System

When I started my politics and humor blog, I had intended to maintain a pretty rigid line between the materials on that blog and this one. It is a measure of how much things have deteriorated in the last month … Continue reading

Posted in Access to Justice Generally, Bar Associations, Constitution, Federal Courts, White House

Additional Evidence That Constitutional Institutions Are Moving to Protect the Constittional Balance

I recently blogged about how US institutions are moving to protect the Constitution in the event of a Trump Presidency. Now comes evidence that the Federal Courts, at least, are moving to make it less likely that one who has … Continue reading

Posted in Access to Justice Generally, Constitution, Federal Courts