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Constitutional Law

In Yet Another 5-4 decision SCOTUS Strikes Down Louisiana’s Restrictive Abortion Law

Its been a heck of a SCOTUS term so far, with key rulings on Gay Rights; DACA and now abortion. This decision today in June Medical Services LLC v. Russo, is a great relief to supporters of women’s reproductive rights. Since the language of this law was nearly identical to the Texas law struck down […]

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Constitutional Law

5-4 SCOTUS Upholds DACA: Admin Had No Right to Terminate Program

Another day, another big loss for the Trump Administration and I would argue another great win for American society. In a 5-4 vote, with Chief Justice John Roberts joining the liberal wing of the Court to form a majority, the Supreme Court blocked the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) […]

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Constitutional Law

SCOTUS Rules LGBTQ Workers Covered Under Civil Rights Act

In a landmark ruling, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act prohibits job discrimination on the basis of sexual orientation and transgender status, a major victory for advocates of gay rights; the transgender rights movement; and anyone who recognizes the invalidity of discrimination against any class of people on […]

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Constitutional Law

SCOTUS Opinion on COVID Church Restriction is Brief But Says a lot About the Court.

A few days ago, at midnight, the Supreme Court rejected a church’s challenge to California’s COVID-19 restrictions by a 5–4 vote, with Chief Justice John Roberts joining what is considered the liberal wing of Breyer, Sotomayor, Ginsburg and Kagan. In a pointed concurring opinion, Roberts chided the conservative wing for trying to override public health […]

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Constitutional Law

Trump’s Twitter Executive Order is Legally DOA

After Twitter placed “Get the Facts” labels on President Trump’s false Tweets about massive voter fraud caused by mail-in voting, the POTUS went on a tirade against the social media giant, comparing the fact-checking labels to censorship (which it is not) and accusing the company of stifling conservative voices (though the president provided no examples […]

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Constitutional Law Criminal Law

SCOTUS Overrules Non-Unanimous Jury Verdicts But Were Stare Decisis and Abortion Also on Trial?

Back in August 2019 I wrote about Calvin Duncan, a jailhouse lawyer with only a 10th grade education who got the Supreme Court of the United States to look at the issue of non-unanimous jury verdicts in criminal cases, a procedure permitted in only two states: Louisiana and Oregon. (see https://courtroomstrategy.com/2019/08/power-of-persistence-jailhouse-lawyer-takes-case-to-scotus/ ) Well in October […]

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Constitutional Law

The Case for Impeachment

As a trial lawyer, I think I would like my chances trying this case of impeachment before just about any jury but the GOP Senate who will nullify the House’s articles no matter what. That doesn’t mean the House shouldn’t vote the articles (including contempt of congress). In fact, I believe they must. Will it […]

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Constitutional Law Intellectual Property

Q:Can Facebook Be Legally Forced to Police Political Ads? A: No.

Facebook CEO Mark Zuckerberg testified before Congress last week and was grilled by various members of that body about FB’s policies towards political ads. In one round of such questioning, Congresswoman Alexandra Ocasio Cortez (D-NY) asked him whether a candidate could target ads to African-American voters that contained a false election date. He answered “No” […]

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Constitutional Law

A Quick Guide to the Impeachment Process

I am hearing so much noise – most of it from the right but some of it from the left – about the impeachment process that is simply incorrect that I thought I would give a quick guide to the process and what testimony there has been to date in the current impeachment inquiry. And […]