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"But on Friday, Trump and Pence spoke again. And again, some said they were unhappy to associate the antiabortion movement with a president they dislike."

I'm reading the Washington Post article about yesterday's March for Life, "Trump and Pence give surprise addresses at antiabortion March for Life."[L]last year, when Trump addressed the crowd, some complained that the polarizing president distanced those who aren’t fans of Trump from the antiabortion movement. In this shifting environment, the march leaders picked science as their theme this year — under the headline, “Unique from Day One: Pro-Life is Pro-Science.”March for Life president Jeanne...
Tags: Protest, Law, Congress, Washington Post, Washington, Abortion, National Mall, Usa Today, Mall, Trump, Mike Pence, Jeanne Mancini, Ann Althouse, Trump and abortion, Herndon De La Rosa, New Wave Feminists


"Mueller Statement Disputes Report That Trump Directed Cohen to Lie."

The NYT reports.The rare public statement by a spokesman for the special counsel, Robert S. Mueller III, challenged the facts of an article published by BuzzFeed News on Thursday evening saying that Mr. Cohen had told prosecutors about being pressured by the president before his congressional testimony.BuzzFeed’s description of specific statements to the special counsel’s office, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s congressional test...
Tags: Law, Congress, Trump, Carr, Cohen, Michael Cohen, Mueller, Peter Carr, Ann Althouse, Trump derangement syndrome, Robert S Mueller III


US Sentencing Commission releases two new documents on FIRST STEP Act

Via email, I was alerted by the US Sentencing Commission to its release of two notable new documents concerning the FIRST STEP Act.  Here is the notice I received and links: The FIRST STEP Act of 2018 was signed into law on Dec. 21, 2018.  Today the United States Sentencing Commission published two important documents describing the implementation and impact of the new law:·          Overview and answers to frequently asked questions (published Jan. 18, 2019).     Updated prison and sentencing...
Tags: Law, Congress, Commission, Douglas A Berman, United States Sentencing Commission, US Sentencing Commission


Morning Docket: 01.18.19

* Trump instructed Michael Cohen to lie to Congress, which was a rotten thing to do to America's hottest lawyer. [Buzzfeed] * Skadden settles with government over Manafort fiasco to the tune of $4.6 million. [NY Times] * Ben Brafman officially out as Harvey Weinstein's lawyer. [Law360] * Net neutrality case will press forward after the DC Circuit told the FCC it couldn't use Trump's shutdown as an excuse to delay the case. [National Law Journal] * Clients planning to spend more on tech and l...
Tags: Fcc, Net Neutrality, Law, Congress, America, Ars Technica, Harvey Weinstein, Donald Trump, Huffington Post, Trump, Ny Times, Michael Cohen, Skadden, National Law Journal, DC Circuit, Ben Brafman


William Barr: “The Single Most Important Thing We Can Do In Gun Control”

CNSNEWS.com: (CNSNews.com) – “In 1994, you said that gun control is a dead end,” Sen. Dianne Feinstein (D-Calif.) told Attorney General-nominee William Barr at his confirmation hearing on Tuesday. “Do you still believe that prudent controls on weapons won’t reduce violent crime?” Feinstein, a staunch gun control advocate, asked him. “I think that the problem of our time is to get an effective system in place that can keep dangerous firearms out of the hands of mentally ill people,” Barr replied....
Tags: Texas, Supreme Court, Obama, Congress, Military, Gun Control, Dianne Feinstein, Trump, Nra, Feinstein, Calif, PAUL, John Calvin, Barr, Heller, John Locke


Reargument analysis: Justices seek a “middle position” in takings litigation case

During yesterday’s argument in Knick v. Township of Scott – the second time the court has heard the case this term – the justices seemed to be looking for a compromise position. The court granted review in the case to decide whether to overrule a 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank, which requires local-government takings plaintiffs to follow the state’s compensation procedures before alleging a taking in federal court. Williamson County is controversi...
Tags: Featured, Law, Congress, San Francisco, Pennsylvania, United States, Francisco, Sachs, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Thursday round-up

For this blog, in a post that first appeared at Howe on the Court, Amy Howe analyzes yesterday’s oral argument in Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing. For The Washington Post, Robert Barnes reports that “Supreme Court justices indicated … that they thought Tennessee’s tough residency requirements for those who want to run liquor stores have more to do with protecting in-state economic interests...
Tags: New York, Supreme Court, Law, Congress, Court, Bloomberg, United States, Tennessee, Medicare, Jackson, Ruth Bader Ginsburg, The Washington Post, Trump, Round-up, Reuters, U S Supreme Court


Argument analysis: Justices have strong views about removal of class actions

Yesterday morning’s argument in Home Depot U.S.A. v. Jackson was a notable one, as Justice Elena Kagan brought a strong view of the case to the bench and proceeded to dominate the argument. The case involves the removal of litigation from state court to federal court. Under Section 1441 (and predecessor provisions dating back to the 18th century), “the defendant or the defendants” generally has a right to remove “any civil action brought in a State court of which the [federal] district courts ha...
Tags: Home Depot, Featured, Law, Congress, Citibank, Jackson, Sonia Sotomayor, John Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan, Samuel Alito, Goldstein Russell


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected)

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Corrections, United, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals, Sotomayor, Stephen Breyer


Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond

Medicare was before the Supreme Court yesterday in a case that could have significant implications for administrative law. At the granular level, the case, Azar v. Allina Health Services, concerns whether the Department of Health and Human Services was permitted to change, without notice and comment, an important reimbursement formula for hospitals that treat many low-income patients. That question alone determines the fate of $3 to $4 billion. But the stakes are higher because the case requires...
Tags: Featured, Supreme Court, Law, Congress, Medicare, Ruth Bader Ginsburg, National Labor Relations Board, Shah, Thomas, Sonia Sotomayor, APA, HHS, D C Circuit, Department of Health and Human Services, Sotomayor, Bowen


Relist Watch

John Elwood reviews Monday’s relists. I’m today, so I’m going to be more summary than usual. The April calendar already appears to have a full complement of 12 cases, but the court in theory could add to it with this Friday’s grants. Admittedly, if it does so, petitioners won’t have the full 30 days to file reply briefs before oral argument. After this Friday, the court’s next scheduled conference isn’t until February 15 – almost a month from now. And any cases granted at that conference will ...
Tags: Texas, Featured, Supreme Court, Law, Congress, Virginia, New York City, Freedom, Alabama, Indiana, Dhs, United States, House Of Representatives, Kansas, Louisiana, Nielsen


Support Your Furloughed Federal Friends, Trump’s Government Shutdown Hostages

These are people. They matter. Their work matters. And they deserve to know it.
Tags: Law, Congress, Finance, Veterans, Donald Trump, Government Shutdown, Trump, Federal Contractors, Jonathan Wolf, Federal Workers


Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents

Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opinion for a unanimous court rejects a claim for arbitration for the first time in a string of more than a dozen of the Supreme Court’s cases stretching back more than a decade. Indeed, I doubt the court has r...
Tags: Featured, Supreme `` Court, Law, Congress, United States, Ruth Bader Ginsburg, Thomas, Henry Schein, John Roberts, Ginsburg, Kavanaugh, INS, Oliveira, Gorsuch, Merits Cases, Chadha


"The Clemency Process Is Broken. Trump Can Fix It."

The title of this post is the title of this notable new Atlantic commentary authored by Rachel Barkow, Mark Holden and Mark Osler.  Here are excerpts: It took six years of intense wrangling to get the First Step Act passed. Clemency reform, however, requires the action of only one man. The president can act alone to fix what Congress did not. ​Even the First Step Act’s primary nemesis, Republican Senator Tom Cotton, has acknowledged a role for clemency, saying as part of his attack on the legis...
Tags: Law, Obama, Congress, White House, Kanye West, Atlantic, Department Of Justice, South Carolina, Tom Cotton, Willie Horton, Douglas A Berman, Weldon Angelos, Prez Trump, Mark Osler, Alice Johnson Prez Trump, Rachel Barkow Mark Holden


Argument analysis: When is the government not really the government for immunity from tort liability?

In Thacker v. Tennessee Valley Authority, the government contends (and the lower courts agreed) that the TVA should be immune from tort liability to shield executive policy-making, even when the TVA is engaged in arguably commercial activity. The petitioner, Gary Thacker, argues that an entirely different analysis applies to the TVA, which Congress has made broadly subject to suit without expressly preserving policy immunity. Ann O’Connell Adams, assistant to the U.S. solicitor general (Art Li...
Tags: Featured, Supreme Court, Law, Congress, United States, Adams, Sonia Sotomayor, TVA, John Roberts, Roberts, Alito, Rouse, Tennessee River, Sotomayor, Stephen Breyer, Breyer


Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases

The week’s second argument, Rimini Street v. Oracle USA, has the justices considering the scope of fees available to a prevailing party in litigation under the federal Copyright Act. Sitting for the second week without Justice Ruth Bader Ginsburg, the bench was remarkably quiescent. To the extent the justices evinced any strong interest in the case, they seemed skeptical about allowing broad fee awards. The case calls for a reading of Section 505 of the Copyright Act, which defines the recove...
Tags: Featured, Law, Congress, Court, Ruth Bader Ginsburg, Paul Clement, Sonia Sotomayor, John Roberts, Perry, Roberts, Sotomayor, Elena Kagan, Kagan, RIMINI, Clement, Mark Perry


Trump Signals Support For Renewed Assault Weapons Ban

UPDATE: My oldest son points out that this is from a year ago.  I asked him if that is important?  He says, “The Art of War” is necessary for understanding Trump.  It’s difficult to understand whether he’s serious or simply tactically owning or feigning positions.  My response: Then why the red flag laws and bump stock ban? Via Uncle, this isn’t the Onion.  It’s real. President Donald Trump raised the issue, unprompted, during a roughly hour-long televised meeting with Feinstein and other member...
Tags: Congress, California, White House, West Virginia, Military, Pennsylvania, Bill Clinton, Arizona, Gun Control, Donald Trump, Trump, Nra, Amy, Feinstein, National Rifle Association, Manchin


How is the USPTO Operating During the Federal Government Shutdown?

by Dennis Crouch Absent a more creative solution, the current Federal Government shutdown will continue until a new appropriations law is passed by Congress and signed by the President (or veto-overridden).  The Patent Office (USPTO) is caught-up in this, but in a little bit of a quirky way. The USPTO is a fee funded agency.  Generally, patent applicants pay the USPTO, and the USPTO uses that money to pay the examiners.  However, Congress has not provided USPTO with authority to simply spend wha...
Tags: Law, Congress, US, Uspto, Patent, Agency, PTO, Dennis Crouch, PPAC, The Administration, Tony Scardino, Patent Office USPTO


NRA 2019 Board Candidate Lt. Colonel Willes K. Lee: Interview

Editor Note: AmmoLand News has officially endorsed Willes Lee for the 2019 NRA Board of Directors. Please consider him for your vote. NRA Board Candidate Lt. Colonel Willes K. Lee U.S.A. –-(Ammoland.com)- Later this month NRA members will receive their ballots to select members of the 2019 NRA Board of Directors. One-third of the Board's 76 seats are due to expire in April at the NRA Annual Meeting. Voting-eligible NRA members will determine which 25 nominees will receive a three-year term t...
Tags: Facebook, Guns, Obama, Congress, Senate, US, America, Military, House, Marco Rubio, US Senate, John, Goa, Gun Rights, Rnc, Nra


Impact on Legal & Public Information of Partial US Government Shutdown

The US federal government has been in partial shutdown since just before Christmas 2018. There has been a lot of well deserved focus on how the shutdown is affecting the hundreds of thousands of US federal employees who are not being paid. Or air travel. Or the poorly housed. The list goes on. Many observers are now starting to worry about how this will impact access to various kinds of government and legal information south of the border. The American Association of Law Libraries (AALL) issued ...
Tags: Law, Congress, US, Department Of Justice, American Association of Law Libraries AALL, Institute of Museum and Library Services, National Archives and Records Administration, Legislative Branch, Legal Information, Legal Services Corporation, Administrative Office of the U S Courts, Government Publishing Office, Congress Law Library of Congress, Library of Congress Law Library of Congress, Government Publishing Office Both


Seeking reader suggestions for really tough (sentencing) questions for AG nominee William Barr

The Senate confirmation hearing for President Trump's nominee to lead the Department of Justice, William Barr, is scheduled to begin tomorrow morning.  The headline of this Los Angeles Times article, "William Barr to face tough Senate hearing on attorney general nomination," predict a "tough" experience for Barr.  But, from my perspective, what could really make the hearing effective is for there to be a lot of sentencing reform and criminal-justice related questions. As the title of this post s...
Tags: Law, Congress, Senate, US, Los Angeles Times, Trump, Bush, George H W Bush, AG, Douglas A Berman, US Sentencing Commission, William Barr, Bill Barr, Barr Here


Morning Docket: 01.14.19

* In this bombshell report, it was revealed that almost immediately after President Trump fired former FBI director James Comey, the agency launched a criminal and counterintelligence investigation into whether Trump was working on Russia's behalf. No collusion? [New York Times] * "They’re not God, after all. They could be wrong." Meanwhile, Rudy Giuliani says the president's legal team should be allowed to "correct" special counsel Robert Mueller's report before anyone else gets to read it, in...
Tags: Law, Congress, Washington Post, Russia, Fbi, New York Times, Deaths, Donald Trump, Government Shutdown, Wall Street Journal, Rudy Giuliani, Law Schools, Biglaw, Aba, Hamilton, Ticketmaster


Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters


2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)

Intellectual Property * Daniel v. FanDuel (Ind. Oct. 24, 2018): “online fantasy sports operators that condition entry to contests on payment and distribute cash prizes do not violate the Indiana right of publicity statute when those organizations use the names, pictures, and statistics of players without their consent because the use falls within the meaning of “material that has newsworthy value,” an exception under the statute.” * Washington Post: ‘Everyone signed one’: Trump is aggressive in ...
Tags: Amazon, Facebook, Minnesota, Law, Congress, Washington Post, China, Massachusetts, Court, E-commerce, Indiana, Trade Secrets, Maine, New Jersey, District Of Columbia, Ada


"Rep. Joe Cunningham, a newly elected Democrat from South Carolina, was barred from walking onto the House floor Friday as he tried to bring a six-pack of beer with him."

"The banned brewskis, from the Charleston area, were a gift for Rep. Peter DeFazio, D-Ore., a co-chair of the large House Small Brewers Caucus, Cunningham said on Twitter... 'Making friends when you’re a freshman is hard and I thought I’d grease the skids with some Lowcountry beer,' Cunningham said on Twitter, adding that DeFazio eventually got the beer. 'Can I join the beer caucus now?'"Fox News.In other beer news... [Author: [email protected] (Ann Althouse)]
Tags: Law, Congress, Beer, House, Dave Grohl, South Carolina, Charleston, Cunningham, Peter DeFazio, DeFazio, Ann Althouse, Joe Cunningham, House Small Brewers


Morning Docket: 01.11.19

* Divorce lawyer lays out how this Jeff Bezos divorce will go down. [VICE] * Michael Cohen is going to testify to Congress, so that's a new circus to look forward to. [CNBC] * Florida's newly passed law allowing felons to vote after they've served their sentence may have an exploitable flaw. A former Florida Supreme Court justice notes that the law requires the potential voter to satisfy their complete sentence, which might include fines or restitution payments that no one ever expects the con...
Tags: Florida, Crime, Law, Congress, Divorce, Iowa, Rape, Ronaldo, Cristiano Ronaldo, Fox News, Npr, Jeff Bezos, First Amendment, Cnbc, Voting Rights, Reuters


Attorney General Nominee Bill Barr reportedly to support FIRST STEP Act at coming hearing (and should be pressed on particulars)

This effective new Reuters article, headlined "Tough-on-crime record trails U.S. attorney general nominee into Senate hearings," reports on how the new AG-nominee's record on criminal justice issues and recent developments could intersect at next week's confirmation hearings. Here are the details: President Donald Trump’s nominee for U.S. attorney general is expected to tell a Senate panel next week that he supports a new law easing prison sentences for some criminals, even though he advocated ...
Tags: Law, Congress, Washington Post, Senate, Russia, US, Fbi, House, Moscow, Graham, Donald Trump, Doj, Justice Department, Lindsey Graham, Trump, Reuters


Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States


Argument preview: Justices to consider constitutionality of residency requirements for liquor licenses

The Constitution’s 21st Amendment gives states the power to regulate the distribution of alcohol into and within a state, while a doctrine known as the dormant commerce clause (derived from the Constitution’s commerce clause) bars states from discriminating against interstate commerce. Next week the Supreme Court will hear oral argument in a challenge to a Tennessee law that requires anyone who wants a retail license to sell alcohol in Tennessee to have lived there for at least two years. A fe...
Tags: Utah, Featured, Maryland, Supreme Court, Law, Congress, Tennessee, Nashville, Memphis, Knoxville, Howe, U S Court of Appeals, Doug, Asheville North Carolina, David Trone, Alcoholic Beverage Commission



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