Lyle Denniston

Jan 18 2021

Broadcasting, appeals issues at the Court

Today is a legal holiday, so the Supreme Court is not in session.  Because of that and Inauguration Day on Wednesday, the Court will hold only one day of hearings this week, on Tuesday.  The first of two cases involves government limits on ownership of radio and TV broadcast stations.  The second case would be… Read More

Jan 16 2021

Census due to count all immigrants

A part of government anti-immigrant policy that President Trump and his aides pursued throughout their four years in office reached its end on Friday in a federal courthouse in California.  The aim was to exclude up to 11 million undocumented immigrants from being counted in the 2020 census.  Trump’s legal team told a federal judge… Read More

Jan 12 2021

How best to remedy cheating of consumers?

On Wednesday, the Supreme Court will complete this week’s hearings with review of the legal tools that the Federal Trade Commission can use against those who use deceptive credit schemes to cheat consumers.  The hearing will be conducted remotely because of the pandemic.  The audio portion of the hearing, but not the video, is expected… Read More

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  There is a part of it that, on re-reading, seems at first to be out of date.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

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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