Tag: federal courts
Trump’s Lawyer Walked Into a Trap
It was a cold and rainy morning in Washington, D.C., yesterday. Five years ago, Donald Trump said that was enough to deter him from visiting Aisne-Marne American Cemetery, to commemorate the fallen American soldiers—soldiers who died defending the nation whose Constitution he had sought to abrogate but now seeks to invoke. But yesterday, he showed up anyway. Appearing in court was more important to him, because this was about him.
And so at 9:25 a.m., the former president and his
Red States Are Rolling Back the Rights Revolution
The struggle over the sweeping red-state drive to roll back civil rights and liberties has primarily moved to the courts.
Since 2021, Republican-controlled states have passed a swarm of laws to restrict voting rights, increase penalties for public protest, impose new restrictions on transgender youth, ban books, and limit what teachers, college professors, and employers can say about race, gender, and sexual orientation. Some states are even exploring options to potentially prosecute people who help women travel out of
Trump Will Abuse the Presidency to End His Legal Troubles
If, as seems likely, Donald Trump is the Republican presidential nominee next year, the 2024 elections will be a referendum on several crucial issues: the prospect of authoritarianism in America, the continuation of a vibrant democracy, the relationship between the executive branch and the other two branches of government, and much else of grave significance.
It will also be a referendum on whether Trump will ever be held legally accountable for his actions. Trump faces multiple civil suits and at
The Tennessee Expulsions Are Just the Beginning of Offenses on Democratic Norms
The red-state drive to reverse the rights revolution of the past six decades continues to intensify, triggering confrontations involving every level of government.
In rapid succession, Republican-controlled states are applying unprecedented tactics to shift social policy sharply to the right, not only within their borders but across the nation. Just last Thursday, the GOP-controlled Tennessee House of Representatives voted to expel two young Black Democratic representatives, and Texas’s Republican governor, Greg Abbott, on Saturday moved to nullify the verdict of
Moore v. Harper Could Derail America’s Democracy
In just a few days, on December 7, the Supreme Court will consider a case that could have dire implications for American democracy, Moore v. Harper.
Moore concerns the “independent state legislature” theory: the idea that the Constitution grants state legislatures some level of special authority in administering federal elections that may not be constrained by state courts or perhaps even state constitutions. The idea is, to put it mildly, contested. The conservative jurist J. Michael Luttig, who recently
What Happened to Joe Nathan James?
This much is undisputed: In 1994, Joe Nathan James Jr. murdered Faith Hall, a mother of two he had formerly dated; in 1999, he was sentenced to death in Jefferson County, Alabama; and he was executed on July 28, 2022. Whether James ought to have been killed was and is, by contrast, deeply disputed—Hall’s family pleaded that their mercy should spare him, and the state government acted against their wishes. Also disputed is the matter of how, exactly, the Alabama
Moore v. Harper Can Help Republicans Rewrite Election Law
Every American child in public school learns that the U.S. political system is one of checks and balances, in which the judicial, executive, and legislative branches constrain one another to ensure that no one branch of government exercises too much power. One pending case before the Supreme Court asks: What if they didn’t?
In Moore v. Harper, North Carolina Republicans are arguing that no other state body, including the state supreme court, has the power to restrict the legislature’s
Roe Is the New Prohibition
The culture war raged most hotly from the ’70s to the next century’s ’20s. It polarized American society, dividing men from women, rural from urban, religious from secular, Anglo-Americans from more recent immigrant groups. At length, but only after a titanic constitutional struggle, the rural and religious side of the culture imposed its will on the urban and secular side. A decisive victory had been won, or so it seemed.
The culture war I’m talking about is the culture war
Why Jarrett Adams Is Working to Free Terence Richardson and Ferrone Claiborne
PART I: The Writ
I
n the end, Jarrett and Joi Adams decide to confront the attorney general in person. They buy tickets to his fundraiser—they figure it’s their best chance to speak with the man. The car they’ve requested pulls up to the Airbnb they’re renting this week in August in Richmond, Virginia, and the driver sets the address on his phone for McLean, some two hours away. Jarrett and Joi settle in and talk about the case.
Jarrett
How Manchin and Sinema Completed a Conservative Vision
The decision by Senators Kyrsten Sinema and Joe Manchin to block their fellow Democrats from passing new federal voting-rights legislation clears the path for years of tightening ballot restrictions in Republican-controlled states. It also marks a resounding triumph for Chief Justice John Roberts in his four-decade quest to roll back the federal government’s role in protecting voter rights.
Roberts as much as anyone set in motion the events that have led to this week’s climactic Senate confrontation over voting legislation.