It wasn’t planned that way, but the Supreme Court spent a lively hour on Monday – Halloween – talking about costumes. And Justice Stephen G. Breyer showed up, so to speak, in the improbable guise of a fashion critic. That was how an argument about copyright law went, but there was no reliable way to… Read More
How independent is the FBI’s director?
For much of the 108-year history of the Federal Bureau of Investigation, it had only one director – J. Edgar Hoover, who led the agency for a few days short of 48 years. He was as near to a truly independent official in the federal government’s Executive Branch as the Constitution allows. He had his… Read More
Court steps into transgender dispute
The Supreme Court on Friday afternoon stepped into the nationwide controversy over the rights of transgender people – in particular, high school students – but gave itself the option of ruling very narrowly. The Justices said they will consider the appeal of a county school board in Virginia, challenging a federal appeals court ruling that… Read More
Quick action set on “poll watcher” case
A federal judge in Newark, N.J., on Thursday set an expedited schedule for action on the Democratic National Committee’s claims that the Republican National Committee is joining with the Donald Trump presidential campaign in an illegal effort to intimidate minority voters (see the post below). U.S. District Judge John Michael Vasquez (who has been on… Read More
Democrats sue over GOP “poll watchers”
Arguing that the Republican National Committee is collaborating with the Donald Trump presidential campaign in an alleged effort to intimidate minority voters, the Democratic National Committee on Wednesday asked a federal judge in New Jersey to hold the GOP in contempt of court. The main claim is that the GOP is violating a court order against… Read More
Three cases stymied by Court vacancy
Three times in the Supreme Court’s current term, the Justices and their staffs have put together schedules for hearings, and three times they have intentionally chosen to bypass three of the cases waiting the longest to be argued. The likely reason: the Justices are inclined to think that those cases would only wind up in… Read More
Court to get one, maybe two, big cases on war crimes
A war crimes case of a kind that the Supreme Court has not seen in a decade is due to reach the Justices on November 1, and may soon be followed by a second. One or both cases could pose significant challenges to the troubled system of war crimes courts run by the U.S. military at… Read More
Federal judge defends transgender order
Reacting to the federal government’s complaint that a nationwide ban on the policy of protecting transgender people’s rights goes much too far, a federal judge in Fort Worth, Texas, has ruled that his authority does stretch all across the country. Since the government is in position to press its policy everywhere, the judge declared Tuesday,… Read More
Redskins’ trademark case put on hold
A federal appeals court agreed on Tuesday to delay the case involving the legality of the Washington, D.C., pro football team’s trademarks on its name, the Redskins. Those trademarks have been ordered cancelled under a law that forbids such protection for marks that are “disparaging” to someone. The team had failed in an attempt to… Read More
Justice Ginsburg backtracks, again
Four day ago, the Supreme Court’s most publicly visible Justice, who has gained unusual star power – Ruth Bader Ginsburg, strayed again into non-legal controversy. And, on Friday she backtracked again, demonstrating anew the hazards of unguarded comments off the bench. In an interview with the Yahoo! broadcast personality Katie Couric during a book-promotion tour… Read More