In 1868, America wrote into its Constitution the Fourteenth Amendment. It has had immense importance in giving birth to and nurturing the modern civil rights revolution. There is a part of it that, on re-reading, seems at first to be out of date. However, if Section 3 of the Amendment is not a dead letter… Read More
Rep. Raskin and the 25th Amendment
For several years, Maryland’s Democratic Rep. Jamie Raskin (District 8) has been pursuing the idea that Congress should have a role in putting in motion the constitutional process for dealing with a disabled or mentally unfit president. The storming of the U.S. Capitol by pro-Trump rioters last Wednesday may have pushed that idea closer to… Read More
Tradition, mischief in Congress tomorrow
Guided by a couple centuries of tradition, plus some phrases from the Constitution, an 1887 federal law, and congressional rules, but maybe delayed for hours by political mischief, America’s 46th President – Joe Biden — could finally be elected tomorrow. Or, perhaps, that might not happen until the wee hours of Thursday. Both houses of… Read More
Trump gets big — temporary — win on census
In a significant – even if temporary – win for President Trump in his waning days in office, the Supreme Court on Friday allowed the Trump Administration to go ahead with an attempt to exclude up to 4 or 5 million undocumented immigrants from this year’s census count. The vote appeared to be 6-to-3. If… Read More
Court to ponder leftover election case
Next month, just after Joe Biden is set to win the final vote count for President, the Supreme Court will take a serious look at a constitutional dispute left over from the election campaign. The Court’s clerk on Wednesday sent to all of the Justices’ chambers, for discussion in private on January 8, two appeals… Read More
Texas challenge to Biden fails, maybe 9-0
The Supreme Court, in the most important court ruling in the frenzied post-election effort to stop Joe Biden from becoming President, cleared the way Friday evening for the Electoral College to elect him when it meets on Monday. In three brief but historic sentences, at least five Justices (and maybe more), put an end to… Read More
Fannie, Freddie and the Court
Today, the Supreme Court finishes up the current series of public hearings for the December sitting, with a 90-minute session on the financial woes of the two giants in the home mortgage field, Fannie Mae and Freddie Mac. After nearly collapsing in the housing market crisis of 2008, the two sort-of-private entities have been watched… Read More
Texas boldly asks Court to block Biden
Bypassing all lower courts, the state of Texas is moving directly in the Supreme Court with what may be the boldest constitutional challenge in the history of presidential elections: stop four other states from casting their electoral votes for Joe Biden next Monday. Texas’s aim emerged clearly in scores of pages of legal documents. It… Read More
Tuesday issue: Is Facebook a robocaller?
The Supreme Court continues on Tuesday its “live” broadcasts of the audio portion of its hearings on pending cases. The first case, dealing with Facebook as a target of a robocall lawsuit, marks the second time in recent months that the Court has explored the scope of the 1991 ban on robocalling. The second case… Read More
A foreign affairs day at the Court tomorrow
Continuing its “live” broadcasts of the audio portion of its hearings, the Supreme Court will be spending Monday morning on two major cases with potentially major impact on United States relations with foreign nations. The governments of Hungary and Germany are seeking to block lawsuits against them in U.S. courts, for property seizures or transfers… Read More