Whether the former president violated the insurrection clause is debatable, but some of the lame excuses being bandied about are not.
Law and Justice
Reporting on justice and law in America: the Supreme Court, the Constitution, criminal justice, and how legal fights shape everyday life.
Posted inLaw and Justice
Trump’s Laughable Claim of Immunity
Whether presidents may be charged with crimes while in office is a difficult question; whether former presidents may be charged is not.
Posted inPolitics
The Trump-Colorado Ballot Case Could Help Restore the Supreme Court’s Legitimacy
Or it could destroy it if the conservative justices restore him to the state’s ballot and let him delay—and possibly quash—the legal cases arrayed against him.
Posted inLaw and Justice
Can Trump Delay His Way Out of Criminal Convictions?
The facts are against him but if he appeals the federal cases brought by Jack Smith, the special counsel, he just might.
Posted inLaw and Justice
What Do You Get When You Cross Samuel Alito with the State of Texas?
Two developments last week—a New York Times exposé on Supreme Court maneuvers to overturn Roe and a Texas woman compelled to deliver a fetus with a rare and fatal genetic defect—underscore the slipshod nature of the Dobbs ruling.
Posted inLaw and Justice
A Taxing Question for the Roberts Court
The justices are being asked to define income under the 16th Amendment, and their answer will have a huge effect on enacting taxes on extreme wealth.
Posted inLaw and Justice
What John Roberts Could Learn From Niccolò Machiavelli
Instead of defusing the ethics crisis on the Supreme Court, the chief justice has allowed it to fester, ignoring sage advice from the great authority on power.
Posted inProtecting the Vote
A Body Blow to the Voting Rights Act
Individual plaintiffs can’t sue under the landmark 1965 statue, rules a federal appeals court, shattering judicial precedent.
Posted inPolitics
After the January 6 Attack, How Can Trump Remain on the Ballot?
Judges in three states have declined to kick Trump off the ballot. Why is that?
Posted inLaw and Justice
Blitzkrieg Against the Administrative State
How the Heritage Foundation and its right-wing allies plan to destroy pluralist government.
