Lyle Denniston

Jan 10 2021

Is 14th Amendment Sec. 3 a dead letter?

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  There is a part of it that, on re-reading, seems at first to be out of date.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

Jan 10 2021

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

Jan 5 2021

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

Dec 18 2020

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

Dec 16 2020

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

Dec 11 2020

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

Dec 9 2020

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

Dec 9 2020

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

Dec 7 2020

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

Dec 6 2020

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

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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