Divided Supreme Court Poised to Allow Citizenship Question on 2020 Census

by Kevin Daley   A deeply divided Supreme Court appeared ready to allow the Trump administration to include a citizenship question on the 2020 census form during a Tuesday morning argument, which was alternatively technical and heated. The Court’s divide followed the usual ideological lines. Though the case involves several…

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Two Key Cases the Supreme Court Will Hear in April

by Elizabeth Slattery   Conversations about the Supreme Court this spring have been dominated by discussion of conspiracy theories about Justice Ruth Bader Ginsburg’s health, Democratic presidential hopefuls’ plans to “pack the Supreme Court,” and a manufactured “controversy” over Justice Brett Kavanaugh teaching at George Mason University’s Scalia Law School. But on Monday, the justices begin…

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US Supreme Court Gives Trump Victory on Immigration Detention

The Supreme Court on Tuesday endorsed U.S. government authority to detain immigrants awaiting deportation anytime — potentially even years — after they have completed prison terms for criminal convictions, handing President Donald Trump a victory as he pursues hardline immigration policies. The court ruled 5-4, with its conservative justices in…

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Commentary: The Left Is Doubling Down on Schemes to Pack the Supreme Court

by Jarret Stepman   Anything the left can’t control, it aims to destroy. From campaigns to abolish the Senate to the growing movement to upend the Electoral College after Hillary Clinton’s defeat in the 2016 presidential election, progressives have few qualms about getting rid of long-standing constitutional institutions. Now they’re…

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Kavanaugh Warns Of ‘Pure Discrimination’ as Supreme Court Denies Church Bid for Historic Preservation Grant

by Kevin Daley   The Supreme Court refused Monday to decide whether religious institutions may be disqualified from public historic preservation funding, after a New Jersey court forbade local officials from dispersing $4 million to 12 churches. Justice Brett Kavanaugh wrote a separate opinion addressing the dispute, calling the lower court’s decision “pure…

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Union Power, Email Privacy in the Balance at New Supreme Court Sitting

by Kevin Daley   The Supreme Court will convene Tuesday for its February sitting, in which the justices will consider major cases involving the First Amendment, union power, and email privacy. The cases raise the prospect of serious political and diplomatic repercussions, placing the justices at the center of a…

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Ginsburg Makes First Public Appearance Since Cancer Surgery

Supreme Court Justice Ruth Bader Ginsburg made her first public appearance since undergoing lung cancer surgery, attending a concert in her honor given by her daughter-in-law and other musicians. Ginsburg, 85, had surgery in New York on Dec. 21. She missed arguments at the court in January, her first illness-related…

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Biography Reveals New Details Of Roberts’ Obamacare Vote

by Kevin Daley   A forthcoming biography of Chief Justice John Roberts contains the first account of the Supreme Court’s internal politicking over the 2012 NFIB v. Sebelius decision, in which Roberts joined with the Court’s four liberals to uphold the Affordable Care Act’s individual mandate. A review of the much…

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Commentary: Look to the States – Not SCOTUS – for Real Asset Forfeiture Reform

by Tate Fegley   There is a case – Timbs v. Indiana – currently before the United States Supreme Court regarding civil asset forfeiture and whether the excessive fines clause of the 8th Amendment also applies to the states due to the 14th Amendment’s incorporation clause. The petitioner is Tyson…

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Supreme Court Takes Up First Gun Rights Case in a Decade

by Kevin Daley   The Supreme Court agreed Tuesday to hear its first gun rights case in almost a decade. The justices will decide whether a New York City ordinance which strictly regulates the possession and transportation of handguns outside the home is constitutional. Tuesday’s grant marks the first time…

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Trump Must Go to the Mat Over Liberal Judge’s Ruling On Census Question

by Mike Gonzalez and Hans von Spakovsky   A Manhattan district court judge earlier this week blocked the Trump administration from adding a question on citizenship to the 2020 census, and in doing so has sought to weaken executive power while strengthening the administrative state. The Trump administration has one choice here:…

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Minnesota Woman Becomes First in the Nation to Successfully Challenge Union’s ‘Window Period’ Scheme

A Brainerd public official has become the first in the nation to successfully challenge her union’s “window period” scheme in the aftermath of the U.S. Supreme Court’s landmark Janus v. AFSCME decision. Sandra Anderson, a clerk for the City of Brainerd Police Department, filed suit against the International Brotherhood of…

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Federal Judge Orders Removal of Citizenship Question From 2020 Census

by Kevin Daley   A federal judge in New York barred the Trump administration from including a citizenship question on the 2020 census questionnaire. The decision appears to have significant implications for a related matter the Supreme Court will consider in February. “The attempts by the Trump administration to mandate…

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Supreme Court Turns Down Challenge To Matthew Whitaker’s Appointment As Acting AG

by Kevin Daley   The Supreme Court rejected an unusual challenge to Matthew Whitaker’s appointment as acting Attorney General on Monday. The challenge arose in the context of a Second Amendment case from Nevada, where an independent political activist named Barry Michaels challenged a provision of the Federal Gun Control…

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Steve Gill Commentary: The Christian Vote, Particularly the Catholic Votes, Are Critical to Trump’s Re-Election in 2020

Three states in the midwest that Hillary Clinton was counting on to carry her to victory in 2016 narrowly ended up in the Donald Trump column — Michigan, Pennsylvania and Wisconsin. If those three states had been won by Clinton, their 46 Electoral votes would have given her the presidency…

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West Virginia Supreme Court Impeachment Crisis Reaches US High Court

by Kevin Daley   The West Virginia state legislature is asking the U.S. Supreme Court to overturn a decision halting impeachment of several state Supreme Court justices. The West Virginia Supreme Court of Appeals was roiled by a public corruption scandal resulting in a slew of resignations and indictments. The…

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Supreme Court Could Take up Case in Indiana’s Ban on Disease-Based Abortions

by Kevin Daley   The Supreme Court may soon take up its first significant abortion controversy under the newly solidified conservative majority. The case at issue is a challenge to an Indiana law forbidding abortions on the basis of an unborn baby’s sex, race or disability and requires doctors to…

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Judge Says Christian Baker Jack Phillips’ Lawsuit Against Civil Rights Officials Can Proceed

by Kevin Daley   A federal judge in Denver rejected Colorado’s bid to dismiss a lawsuit alleging that state civil rights officials are waging a campaign of harassment against Jack Phillips, the Christian baker at issue in the landmark Masterpiece Cakeshop case. Three weeks after Phillips prevailed at the Supreme…

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Ruth Bader Ginsburg to Miss Arguments Following Lung Cancer Procedure

by Kevin Daley   Supreme Court Justice Ruth Bader Ginsburg missed oral arguments Monday as she recuperates from cancer surgery. It’s not clear when the 85-year-old justice will return to work, though the Supreme Court’s public information office said she will continue to participate in official business from her home…

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U.S. Supreme Court to Take New Look at Partisan Electoral Districts

The Supreme Court is plunging back into the issue of whether electoral districts can be too partisan. Disputes have arisen in cases involving North Carolina’s heavily Republican congressional map and a Democratic congressional district in Maryland, and the justices said Friday they will hear arguments in March. The high court…

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Chief Justice Details Efforts to Combat Workplace Misconduct

Supreme Court Chief Justice John Roberts is using his annual report on the federal judiciary to highlight the steps the branch has taken to combat inappropriate conduct in the workplace. In December 2017, Roberts asked that a working group be put together to examine the judiciary’s workplace conduct policies. His…

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New Mexico IT Professional Files a Class Action Lawsuit Against Public Sector Union After Allegedly Forcing Him to Pay Dues

by Tim Pearce   A New Mexico state employee filed a class action lawsuit against a branch of the Communication Workers of America (CWA) over “forced” nonmember union dues, according to the National Right to Work Legal Defense Foundation (NRTW). IT technician David McCutcheon filed a lawsuit against CWA Local…

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Mystery Mueller Case Reaches The Supreme Court

by Kevin Daley   An unnamed foreign corporation appears to be fighting a subpoena from Special Counsel Robert Mueller in the Supreme Court. The unidentified entity filed an application for a stay with Chief Justice John Roberts on Saturday, after the U.S. Court of Appeals for the D.C. Circuit turned down their…

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Trump Administration Seeks to Enforce Trans Soldier Ban in Supreme Court

by Kevin Daley   In an unusual move, the Department of Justice asked the Supreme Court to let President Donald Trump’s administration enforce its ban on transgender military personnel while it litigates legal challenges to the policy in lower courts. Thursday’s application is the latest in a series of aggressive…

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Mueller and Manafort Have a Lot Riding on a Supreme Court Double Jeopardy Case

by Kevin Daley   The Supreme Court appeared skeptical Thursday of overturning an exception to the Constitution’s double jeopardy prohibition, which allows state and federal prosecutors to bring successive prosecutions for the same offense. The case is carefully followed in Washington because of its potential ramifications for special counsel Robert Mueller’s…

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POLL: Most Minnesotans Approve of Kavanaugh Confirmation, Don’t Believe Allegations

A new poll shows that most Minnesotans do not believe the accusations against Supreme Court Justice Brett Kavanaugh, and actually approve of his confirmation to the U.S. Supreme Court. According to an Oct. 24 MPR/Star Tribune poll, 49 percent of Minnesota respondents approve of Kavanaugh’s confirmation, compared to 43 percent…

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Dr. Carol Swain Commentary: The War Against Conservative Supreme Court Justices

by Dr. Carol M. Swain   Supreme Court justices need secret service protection now more than ever. The Left would like to remove Justices Kavanaugh and Thomas.  Their goal is to gain control of the Court using any means necessary. On October 6, the day of the Senate vote to…

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SCOTUS Clears the Way For Voter ID Requirement In Key Senate Race

by Kevin Daley   The U.S. Supreme Court will allow a North Dakota law requiring voters to produce government ID with a current residential street address when casting ballots to take effect. The decision, which came Tuesday and drew a brief dissent, will effect one November’s most critical Senate races. A group…

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Teacher Who Threatened to ‘Kill Kavanaugh’ Resigns from Position

A Minnesota teacher who incited violence against Supreme Court Justice Brett Kavanaugh resigned from her position Tuesday, according to her employer. Samantha Ness, a special-education teacher with the state’s Alliance Education Center, threatened to “kill Kavanaugh” on Saturday after the newly-confirmed judge was sworn in. “So whose [sic] gonna take…

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Minnesota Teacher Placed on Paid Leave After Calling for Murder of Kavanaugh

A Minnesota public school teacher is now under investigation after calling for the murder of newly-confirmed Supreme Court Justice Brett Kavanaugh. The teacher, identified on social media as Samantha Ness, works for Intermediate School District #917’s Alliance Education Center, which “provides services to all students with unique needs,” including children…

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Analysis: Kavanaugh Fight Sharpens the Stakes for Midterms

voters polling place

The bitter battle over Brett Kavanaugh’s nomination to the Supreme Court has exacerbated the nation’s political divide and left many Americans emotionally raw. It’s also given new definition to the high stakes of November’s election. Until now, the fight for control of Congress has largely been viewed as a referendum…

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Commentary: Republicans Must Nationalize The Election On Kavanaugh Confirmation

by CHQ Staff   Prior to the middle of September, the Republican establishment was struggling to find a message that would motivate the Trump coalition to turn out for the November midterm election. However, the Democrats have now handed the GOP a national issue that has quickly proven it will…

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Commentary: Make Thursday A National Day Of Prayer For Brett Kavanaugh And Family

Brett Kavanaugh, Donald Trump

by George Rasley   Throughout the ordeal of his confirmation millions of Americans have been praying for Judge Brett Kavanaugh and his family. President Trump made the point that prayer was a necessary element of the battle to confirm Judge Kavanaugh in a September 25 tweet: The Democrats are playing…

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Senate Democrats Inadvertently Admit President Trump Can Order and Conclude FBI Investigations

by Robert Romano   The Senate Judiciary Committee on Sept. 28 advanced to the Senate floor for a vote the nomination of Judge Brett Kavanaugh to the Supreme Court. But, retiring Sen. Jeff Flake (R-Ariz.) did so conditionally, saying he would only support Kavanaugh on the floor if the FBI is…

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Next Step: Democrats Pledge To Investigate Kavanaugh, Float Impeachment If He’s Confirmed

by Peter Hasson   Supreme Court nominee Brett Kavanaugh might keep facing political attacks from the left if he is confirmed to the nation’s highest court. Kavanaugh faced an onslaught of attacks from Democrats and liberal activists even before Palo Alto University professor Christine Blasey Ford accused him of drunkenly trying to force himself…

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Commentary: The Senate, Not the FBI, Confirms Supreme Court Justices

by Robert Romano   Article II, Section 2 of the Constitution states that “The president shall… nominate, and by and with the advice and consent of the senate, shall appoint… judges of the supreme court…” Those are the simple words that outline the process prescribed by the U.S. Constitution for confirming…

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Blasey Ford Says She Can’t Remember If She Gave Therapist Notes To A Reporter, But WaPo Claims They Had Them

by Hanna Bogorowski   During Christine Blasey Ford’s testimony in front of the Senate Judiciary Committee on Thursday, Blasey Ford said she could not remember if she directly gave reporters her therapist notes from 2012. The Washington Post‘s article by Emma Brown revealed Sept. 16 the identity of the woman…

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