Lyle Denniston

May 14 2017

Trump lawyers’ self-created legal dilemma

Justice Department lawyers seeking to defend President Trump restrictions on immigration have created an awkward dilemma for themselves.  The difficulty of that position is now playing out in the Detroit federal courtroom of District Judge Victoria A, Roberts, because it could force the government to hand over documents that help prove that the immigration policy… Read More

May 10 2017

Is the Comey firing causing a constitutional crisis?

 Commentary A constitutional crisis in America happens with a deeply disturbing shift in the great tectonic plates of government, when the established order is shaken to its core.  It can happen in a flash with an attack on Pearl Harbor or on the World Trade Center.  Or it can come gradually, fully recognized only after… Read More

May 8 2017

Which Trump statements count on immigration policy?

A government lawyer met considerable skepticism as he tried to persuade a federal appeals court on Monday to strictly separate what Candidate Trump and President Trump said about keeping Muslims out of the United States. At the same time, a lawyer for the challengers to Trump’s temporary ban on entrants from six Muslim-majority Mideast nations… Read More

May 7 2017

Sorting out the new Guantanamo cases

Two major new appeals to the Supreme Court, raising fundamental issues about the government’s power to use Guantanamo military courts to try war crimes, have been bogged down for weeks in difficulties over getting security clearance for documents in one of the cases. Last week, all of this got sorted out, and the two cases… Read More

May 3 2017

Plan studied to keep Trump “sanctuary cities” order on hold

At the suggestion of a federal judwednesday ge, lawyers on both sides of the main court battle over President Trump’s order to cut off federal funds for “sanctuary cities” are working together on a way to keep that approach on hold for at least a month.  Discussions on how to phrase such an agreement were… Read More

May 1 2017

Cities get limited right to sue for race bias in housing

A divided Supreme Court ruled on Monday, more clearly than it had done before, that city government may sue home loan companies for racial discrimination against minority buyers. However, it put a new and strict limit on that right, saying that a city must offer direct proof that the local government itself had actually been… Read More

Apr 30 2017

Broader threat to Trump on “sanctuary cities”

President Trump’s lawyers have told a federal judge that, at least temporarily, they will not seek permission to enforce a presidential order that threatens to cut off federal funds for so-called “sanctuary cities” – local governments that won’t help round up undocumented immigrants. But the president’s policy faces an even broader threat that will be… Read More

Apr 29 2017

Can the public now watch the famous same-sex marriage trial?

In all of the court cases that led up to the Supreme Court’s ruling in favor of same-sex marriage two years ago, only one was a real trial, with dramatic testimony by witnesses on the stand.  That was the famous “Proposition 8” trial in California in 2010, testing the constitutionality of a state ban on… Read More

Apr 27 2017

UPDATED: Court allows fourth Ark. execution in 8 days

UPDATED Thursday 11:12 p.m., Arkansas time.  Kenneth Dewayne Williams was put to death by lethal injection in a 13-minute procedure with less than an hour remaining before his death warrant would run out. ———————— For the fourth time in the past eight days, the Supreme Court on Thursday night refused to delay an execution in… Read More

Apr 25 2017

Judge blocks cutoff of federal funds to “sanctuary cities”

Declaring that President Trump probably acted unconstitutionally in attempting to cut off federal funds to city and county governments that do not help enforce federal immigration law, a judge in San Francisco on Tuesday temporarily blocked enforcement of the policy anywhere in the nation. In the latest action by a federal court against the Trump Administration’s… 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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