Lyle Denniston

Feb 6 2025

A major victory for citizenship

President Trump’s bold attempt to take away from thousands of newborn children one of the most basic rights guaranteed by the U.S. Constitution – the right to citizenship at birth — failed completely on Wednesday night in its first significant test in a federal court. A jurist in the Maryland suburb of Greenbelt, U.S. District… Read More

Jan 25 2025

Trump order: ‘Don’t enforce TikTok law’

President Trump, claiming power that the Constitution does not give him, has ordered government officials not to enforce the new federal law banning TikTok, the very popular social media platform. As a result of that law, TikTok was shut down for just a few hours this week. Congress, in passing the law last April, had… Read More

Jan 21 2025

Mar-a-Lago report blocked — again

A federal judge in Florida on Tuesday pushed further out of public reach the federal prosecutors’ detailed account of why Donald Trump held onto, and what he did with, highly sensitive secret government documents at his Mar-a-Lago private club after he left the Presidency four years ago. U.S. District Judge Aileen M. Cannon of Fort… Read More

Jan 18 2025

Crucial weekend for Mar-a-Lago report

(Note to readers: This report deals with the situation as of mid-morning Saturday. It is very fluid, with a number of “ifs” noted, and could change at any time.) Between now and Sunday night, the final government report on what happened with highly sensitive, secret documents at Donald Trump’s Mar-a-Lago private club might vanish or… Read More

Jan 17 2025

Is the ERA now in the Constitution?

With three paragraphs in a statement by the White House Friday, President Biden declared that “the 28th Amendment is now the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.” With that gesture, made almost at the last point in his Presidency, Biden may have revived… Read More

Jan 17 2025

Court narrowly upholds TikTok ban; future unclear

In a rare act of national government unity, the Supreme Court on Friday joined the other two branches in a historic effort to protect tens of millions of Americans from having vast amounts of their private data stolen when they use a hugely popular social media platform, TikTok. TikTok is a six-year-old, Chinese-owned online venue… Read More

Jan 16 2025

Will Cannon give Trump new legal help?

The judge who has repeatedly aided Donald Trump’s legal defense is now in position to do another big favor: bar public disclosure of a new report spelling out the most serious criminal charges against him – mishandling highly sensitive secret documents at his Mar a Lago private club. U.S. District Judge Aileen M. Cannon of… Read More

Jan 14 2025

Was Trump an insurrectionist? (Corrected version)

(NOTE TO READERS: This post has been revised to correct an error about the elements of the crime under the 1862 federal law at issue.  Thanks to a helpful reader with a keen eye to history.) For much of the time that a special federal prosecutor was pursuing Donald Trump, scholars and other legal observers… Read More

Jan 9 2025

Trump will be sentenced tomorrow

President-elect Donald Trump’s multi-pronged legal efforts to avoid a sentence for his New York crimes ended quietly in defeat Thursday evening in a short 5-to-4 order by the Supreme Court in Washington. The majority did not decide any of Trump’s legal arguments, saying that all of those could be considered during appeals that he is… Read More

Jan 8 2025

Trump’s new goal in Court: broader immunity

Just as the Supreme Court created new constitutional law last year when it gave Presidents broad immunity to criminal prosecution, it would have to do that again if it can be persuaded to give President-elect Donald Trump what he now seeks. In last July’s 5-4 ruling, Chief Justice John G. Roberts, Jr., insisted that the… Read More

Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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