Lyle Denniston

May 20 2017

Judge finds new legal protection for transgender people

For the first time, a federal disability rights law has been interpreted to give legal protection to transgender people against discrimination.  A Pennsylvania judge did so by giving a narrow reading to a phrase in that law that says it does not apply to individuals with “gender identity disorders.” U.S. District Judge Joseph F. Leeson,… Read More

May 18 2017

States seek to protect health care subsidies

A group of 15 states plus Washington, D.C., moved on Thursday to try to head off what they called a “death spiral” for the health insurance law still in operation from the Obama Administration.  They filed court papers to defend billions of dollars in subsidies that continue to be paid to health insurance companies to… Read More

May 15 2017

Is there a narrower way to rule on immigration limits?

In the second appeals court hearing in a week on President Trump’s order seeking to limit immigration from the Mideast, the search went on again among judges on Monday for a way to decide the controversy narrowly. Just as judges in Richmond, VA, a week ago seemed somewhat anxious about making a sweeping constitutional decision… Read More

May 15 2017

Court bypasses major test on voting rights

With Chief Justice John G. Roberts, Jr., cautioning lower courts and lawyers not to read much into it, the Supreme Court on Monday turned aside an attempt to revive one of the nation’s strictest sets of voting restrictions, including a photo ID requirement.  A federal appeals court had struck down the 2013 North Carolina state… Read More

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

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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