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With Ethics Charges Dropped, Impeachment Remains The Only Way To Hold Brett Kavanaugh Accountable

The House now MUST take up this issue, if it is to be taken up.
Tags: Supreme Court, Law, House, Courts, Tenth Circuit, Brett Kavanaugh


Monday round-up

This morning the Supreme Court begins its March sitting with two oral arguments. The first case is Virginia House of Delegates v. Bethune-Hill, an appeal by Republican legislators of a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe had this blog’s preview, which was first published at Howe on the Court. Amanda Wong and Jared Ham preview the case at Cornell Law School’s Legal Information Institute, and Subscript Law has a g...
Tags: New York, Mississippi, Supreme Court, Law, Washington Post, America, Bloomberg, House, New York Times, Npr, Louisiana, North Carolina, Flowers, Smith, The Washington Post, Cornell


Expanded Ro

My question involves restraining orders in the State of: California I've posted before and the saga continues. Got an RO in July 2017 against an acquaintance who was infatuated with me. He started getting very clingy and stalkerish. Always turning up at a public place I frequent - pretending it was a coincidence. Repeatedly told him I was uncomfortable. Found out he was married with two kids. He comes across as very socially awkward. After I told him in no uncertain terms to back off and cut...
Tags: Law, California, House, Orders Of Protection


Agustin Huneeus Jr. — charged in the college admissions scandal — "has been a popular big money-political donor to California’s Congressional Democrats from the San Francisco Bay Area, and Napa Valley."

The California Globe reports:In 2016, his family hosted a Democratic mega-donor lunch and wine pairing at their Quintessa Winery for Rep. Nancy Pelosi, with Google’s executive chairman Schmidt as the luncheon speaker.... Huneeus has made seven contributions to House Speaker Nancy Pelois (D-San Francisco), totaling $18,300, and $10,000 to Pelosi’s political action committee, PAC to the Future....Agustin also made:six contributions to Sen. Kamala Harris (D-San Francisco), totaling $21,600.six lar...
Tags: Google, Law, California, San Francisco, Barack Obama, Hillary Clinton, House, PAC, Ethnicity, Nancy Pelosi, Globe, Campaign Finance, San Francisco Bay Area, Democratic, Democratic Party, Napa Valley


North Carolina House Bill 86

I appreciate the folks on reddit/firearms keeping me up to date on the latest attempts at communist gun control in the North Carolina House of Representatives.  H.B. 86 is summarized as follows. AN ACT TO REQUIRE A PERMIT FOR THE PURCHASE OF AN ASSAULT WEAPON OR LONG GUN; TO REQUIRE A 72-HOUR WAITING PERIOD BEFORE A PURCHASED  FIREARM MAY BE DELIVERED OR OTHERWISE POSSESSED; TO PROHIBIT THE SALE OF AN ASSAULT WEAPON OR LONG GUN TO PERSONS UNDER A CERTAIN AGE; TO PROHIBIT THE SALE OR POSSESSIO...
Tags: Maryland, Israel, Military, House, Gun Control, North Carolina, Michael Lewis, Samuel, Babylon, Jonathan, Saul, Philistines, Babylonians, North Carolina Senate, Wicomico County, North Carolina Gun Laws


Conundrum of the Day.

So if Nancy Pelosi, as @CharlesPPierce so eloquently argues here, is violating the solemn oath she swore and is refusing to perform the duties required her of the US Constitution, shouldn't she be impeached? https://t.co/fCp5Bgx5di — Glenn Greenwald (@ggreenwald) March 12, 2019 Technical point: Removal would be by expulsion, not impeachment, and it would be done by a 2/3 vote of the House acting alone. Of course, it's not a serious proposal. It's not possible to remove members of Congress on ...
Tags: Law, Congress, US, House, Glenn Greenwald, Nancy Pelosi, Trump, Pelosi, Greenwald, Ann Althouse, Impeachment, Democratic Party in Trumpland, Charles P. Pierce


New Pentagon Policy Requires Most People To Serve In Their Birth Gender

WASHINGTON (AP) — The Defense Department has approved a new policy that will largely bar transgender troops and military recruits from transitioning to another sex, and require most individuals to serve in their birth gender. The memo outlining the new policy was obtained Tuesday by The Associated Press, and it comes after a lengthy and complicated legal battle. It falls short of the all-out transgender ban that was initially ordered by President Donald Trump. But it will likely force the mili...
Tags: News, Obama, Congress, California, Washington, Defense, Ap, Military, House, Pentagon, Associated Press, Nancy Pelosi, Donald Trump, Defense Department, Ash Carter, Trump


H.R. 1, political omnibus bill, passes House

H.R. 1, the political regulation omnibus bill, contains “provisions that unconstitutionally infringe the freedoms of speech and association,” and which “will have the effect of harming our public discourse by silencing necessary voices that would otherwise speak out about the public issues of the day.” That’s not just my opinion; it’s the view of the American Civil Liberties Union, expressed in this March 1 letter (more). For example, the bill would apply speech-chilling new restrictions to issu...
Tags: Supreme Court, Law, Congress, Washington, Senate, Uncategorized, David, House, Aclu, House Of Representatives, First Amendment, American Civil Liberties Union, Federal Election Commission, John Sarbanes, Ilya Shapiro, Redistricting Reform


Senator (and Prez candidate) Cory Booker introduces "Next Step Act of 2019" with wide array of sentencing and criminal justice reforms

As set forth in this press release, "U.S. Senator Cory Booker (D-NJ), a member of the Senate Judiciary Committee, and Congresswoman Bonnie Watson Coleman (D-NJ) today introduced a sweeping criminal justice bill — the Next Step Act  — that would make serious and substantial reforms to sentencing guidelines, prison conditions, law enforcement training, and re-entry efforts."  Here is more about this new (lengthy) legislative proposal from the press release: The Next Step Act is the most comprehen...
Tags: Law, Congress, Senate, House, Department Of Justice, Booker, Senate Judiciary Committee, Cory Booker, Bonnie Watson Coleman, Douglas A Berman


"3 more steps to make 'First Step Act' work"

The title of this post is the headline of this recent Hill commentary authored by Jessica Jackson. Here are excerpts: The First Step Act aims to transform the federal prison system, prioritize rehabilitation over punishment, and reform some of our nation’s harshest prison sentences — remnants of the outdated War on Drugs.  While getting any meaningful legislation signed into law is worthy of celebration, in most cases it is just the beginning of a much longer battle. The hard work — the part th...
Tags: Law, Congress, Senate, White House, House, Department Of Justice, Trump, Bureau, Review Committee, Barr, Jessica Jackson, Bureau of Prisons, Douglas A Berman, William Barr, Mark Inch, Independent Review Committee


Nancy Pelosi's grammar mistake is telling: "Whomever falls into that net, falls into that net."

I'm reading the front-page WaPo article "House Democrats torn over how aggressively to scrutinize Ivanka Trump, president’s other children."Presidential children rarely draw the scrutiny of congressional investigators, but Trump’s adult children fill unique roles in his administration, with Ivanka Trump and her husband, Jared Kushner, carrying the title of senior advisers to the president while being heavily involved in policy decisions and Capitol Hill negotiations on criminal justice, the Midd...
Tags: Law, Metaphor, House, Grammar, Middle East, Capitol Hill, Nancy Pelosi, Jared, Trump, Calif, WaPo, Pelosi, Ivanka, Ivanka Trump, Ann Althouse, Jared Kushner


"I see everything as an opportunity. This is an opportunity once again to declare as strongly as possible opposition to anti-Semitism, anti-Muslim statements [and] white supremacist attitudes."

Said Nancy Pelosi, quoted in "Pelosi Says House Will Condemn All Hate as Anti-Semitism Debate Overshadows Congress" (NYT).She took a shot at President Trump and his equivocal statements after the deadly white supremacist march in Charlottesville, Va., in 2017: “The president may think there are good people on both sides, we don’t share that view.”Democrats are confident that they can unite the caucus, and they want to get the fight over [Ilhan] Omar out of the way....  Ms. Omar, a Minnesota Demo...
Tags: Minnesota, Law, Congress, Israel, House, New York Times, Nancy Pelosi, Bernie Sanders, Trump, Democratic, Omar, Democratic Party, Pelosi, AIPAC, CHARLOTTESVILLE Va, Ilhan


It's on: House Democrats introduce their promised Net Neutrality legislation

House Democrats have made good on their promise to introduce the Save the Internet Act, legislation mandating Network Neutrality, which would force the FCC to reinstate the policy that Trump's Chairman Ajit Pai used a string of dirty tricks and illegal maneuvers to destroy. Such legislation cannot pass without the support of Senate Republicans, but it's still a canny move by the Democrats, since many of those Republicans represent the largely rural states that are ground zero for the worst ...
Tags: Post, News, Cable Company Fuckery, Fcc, Net Neutrality, Law, Senate, Pennsylvania, Democrats, House, US Senate, Trump, Markey, Ajit Pai, Ed Markey, Mike Doyle


Doctor In The House

The Maryland Court of Appeals has disbarred an attorney who has never been admitted in the jurisdiction This attorney discipline case involves conduct of an out-of-state attorney during her representation of a Maryland resident in a toxic mold case. While... [Author: Legal Profession Prof]
Tags: Maryland, Law, House, Maryland Court of Appeals, Legal Profession Prof, Bar Discipline & Process


TX marijuana reform news, notes, and questions

Grits' analysis of prospects for marijuana penalty reform haven't changed since the beginning of the legislative session. Full-blown Colorado-style legalization is off the table this year, but penalty reduction for user-level marijuana possession has an excellent chance.The Republican Party in its platform has endorsed one proposal making possession of up to one ounce of marijuana a civil penalty, a measure embodied in Speaker Pro Tempore Joe Moody's HB 63, which received an early hearing this w...
Tags: Texas, Law, Senate, Gop, House, Republican Party, San Antonio, Abbott, TX, Texas Department of Public Safety, Moody, Texas Tribune, Dan Patrick, Dallas County, Express News, Gritsforbreakfast


Axelrod isn't quite saying it's a witch hunt, but it too easily plays into the "witch-hunt" meme.

Maybe I’m missing something, but the hazard of an omnibus document demand by House judiciary versus discreet, serial ones is that, however legitimate the areas of inquiry, the wide-ranging nature of it is too easily plays into the “witch-hunt” meme.— David Axelrod (@davidaxelrod) March 4, 2019 It's hard to think what anything really is or isn't anymore. It feels much better/smarter/safer to speak about whether things fit into memes. Or really not even that. It's more a matter of whether someth...
Tags: Law, House, Axelrod, Ann Althouse, Trump troubles, Trump's new Congress


Tuesday round-up

Yesterday the court released orders from Friday’s conference, adding a patent case to its docket for next term and declining to review two related cases involving public funding of religious institutions. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Jurist, Erin McCarthy Holliday covers the patent case, Iancu v. NantKwest, which asks whether a federal law allowing a patent applicant to seek review of a patent denial in district court but re...
Tags: Supreme Court, Law, Washington Post, Wall Street, Court, Bloomberg, Ap, Cnn, House, New York Times, New Jersey, Ruth Bader Ginsburg, Los Angeles Times, Round-up, Thomas, Copyright Office


Funding needed to bolster Office of Capital and Forensic Writs

My Reasonably Suspicious podcast co-host, Amanda Marzullo, who is the executive director of the Texas Defender Service, asked me to publish this guest blog post she authored advocating for expanded resources for the Office of Capital and Forensic Writs. Give it a read:Members of the Senate Finance Committee’s Article IV Subcommittee should take a lead from their counterpart committee in the House  and adequately fund the Office of Capital and Forensic Writs (OCFW), which has been under-resourced...
Tags: Texas, Law, Austin, House, Dallas, Senate Finance Committee, Lubbock, Gritsforbreakfast, Forensic Science Commission, Texas Defender Service, Hinojosa, Office of Capital, Amanda Marzullo, OCFW, Regional Public Defender for Capital Cases


Pot debate at #txlege launches early, Soldiers as cops?, Tailoring corrections practices to women prisoners, and other stories

At the Texas Legislature this week, criminal-justice bills are finally being heard, although not yet in all committees, and all on the House side. Most of the major legislation remains to be seen; some of it has yet to be filed. Excepting marijuana discussions described below, all the biggest #cjreform debates of the session are all yet to come. But here are a few mostly-small bills up in committee this week that deserve Grits readers' attention: Marijuana reform debate launches early This after...
Tags: Amazon, Texas, Law, Gop, House, Republican Party, Greg Abbott, Legislature, Plano, Moody, James White, Wu, Texas Legislature, Juvenile Justice, Gritsforbreakfast, TDCJ


House Judiciary Requests Documents From 81 People And Entities, ‘Cause There’s No Harm In Asking, I Guess?

The House will not get document production from all these people, but let's enjoy this expansion of the Overton Window.
Tags: Law, Government, House, Donald Trump, House Judiciary Committee, Jerry Nadler


Permitless Carry In Kentucky

News from Kentucky: The Kentucky House of Representatives has passed a permitless conceal carry bill. Senate Bill 150, backed by the National Rifle Association, will now head to Governor Matt Bevin’s desk after a 60-37 vote in the House. It allows Kentuckians 21 and older who can lawfully possess a firearm to be able to conceal it without a permit. Gov. Bevin said Friday afternoon to Gray TV that he would sign the bill. “It doesn’t break new ground. It simply says that people do indeed have the ...
Tags: Kentucky, Senate, America, Military, House, Gun Control, Bill, Matt Bevin, National Rifle Association, Bevin, Kentucky House of Representatives, Kentucky Kentucky, Gray TV, Kentucky Gun Laws, Kentucky Open Carry, Gov Bevin


Gun Laws Manifest Ongoing Polarization Of America

It’s obvious to everyone that there is an ongoing polarization in America, in fact with increasing speed and ferocity.  In New York the claim by gun owners has routinely been that NYC is NYC, and upsate is a different beast.  They honor their gun rights around those parts.  I wonder how this will affect them? Family members, school administrators and law enforcement officials can seek to get guns confiscated from people deemed by courts to be an “extreme risk” to themselves or others, under legi...
Tags: New York, Maryland, America, Military, House, Gun Control, Oklahoma, Oklahoma City, Lewis, Legislature, Baltimore City, Maryland General Assembly, Mike Lewis, Stitt, Kevin Stitt, Oklahoma Gun Laws


Master Of The House

The Nevada Supreme Court denied a writ of prohibition sought bt a hearing master Henry is a hearing master for the family courts in the Eighth Judicial District Court (EJDC) of Nevada. On October 10, 2016, Henry presided over a... [Author: Legal Profession Prof]
Tags: Law, House, Nevada, Henry, Nevada Supreme Court, Legal Profession Prof, Judicial Ethics and the Courts, Eighth Judicial District Court EJDC


Advocating For A Toke Is No Joke For In-House Counsels

How should corporate counsel advise their clients when it comes to the legalization of cannabis for either recreational or medicinal use?
Tags: Law, Marijuana, House, In-House Counsel, Stephen R. Williams


Colorado Red Flag Bill A Treacherous Mine Field

This is a bit wordy. DENVER–The “Red Flag” bill moving through the Colorado Legislature has been the subject of plenty of debate, but as it stands now, for persons against whom even a temporary Extreme Risk Protection Order (ERPO) has been issued, there is a risk they could be trapped into inadvertently violating federal gun control laws. House Bill 19-1177  requires that at the initial ex parte hearing (where the subject is excluded), and based on a judge finding by a preponderance of the ev...
Tags: Colorado, Military, House, Gun Control, Bill, NICS, Colorado Legislature, Complete Colorado, ERPO, Colorado Gun Laws


"The kids whom Feinstein was talking to are going to be dealing with climate chaos for the rest of their lives.... This means that youth carry the moral authority here..."

"... and, at the very least, should be treated with the solicitousness due a generation that older ones have managed to screw over. Feinstein’s condescension, though it’s less jarring in the video of the full encounter, which also shows gracious moments—including one when she offers a young person an internship—echoed that of Nancy Pelosi, from earlier this month, when the Speaker of the House talked about 'the green dream, or whatever they call it. Nobody knows what it is, but they’re for it, r...
Tags: Law, Global Warming, House, Paris, Environmentalism, Nancy Pelosi, Dianne Feinstein, Bill Mckibben, Democratic Party, Feinstein, Ann Althouse, These Kids Today, Using Children In Politics, Ocasio Cortez, Sunrise Movement, Greta Thunberg


House Starts Process To Terminate National Emergency

But let's talk about the 'Legislative Veto' overturned by Chadha.
Tags: Law, Government, House, Donald Trump, National Emergency, INS v. Chadha, Legislative Veto


Pinterest blocks vaccine-related searches in bid to fight anti-vaxx propaganda

As pressure mounts on Facebook to explain its role in promoting anti-vaccine misinformation, Pinterest tries different approachOn Wednesday morning, Adam Schiff, the powerful chair of the House intelligence committee, joined journalists around the world in a nascent Twitter meme: he searched “vaccine” on Facebook and posted a screenshot of the results.Schiff’s search results were indeed alarming: autofill suggestions for phrases such as “vaccination re-education discussion forum”, a group called...
Tags: Health, Facebook, Technology, Pinterest, Social Networking, Internet, Society, World news, US news, House, Vaccines and immunisation, Adam Schiff, Schiff, National Vaccine Information Center


Congressional Responses to Emergency Declarations

     As sixteen states and a host of private parties challenge President Trump’s emergency declaration in court, it seems timely to consider the other avenue for reversing his decision:   congressional override.   Although the odds likely are against such an override, the threat of one could affect how the Administration chooses to implement the President’s declaration.   It also could significantly alter other aspects of the legislative process.      To appreciate how Congress might inte...
Tags: Congress, Senate, Defense, Military, House, Pentagon, Branding, Administration, Trump, McConnell, INS, Congress Most, Chadha, David Super


Democrats Reject Push To Alert ICE When Illegal Immigrants Fail Firearm Background Checks

Fox News: Democrats this week approved legislation to require background checks for essentially all sales and transfers of firearms — but rejected GOP-led efforts to amend the legislation to alert law enforcement authorities when gun buyers, including illegal immigrants, fail those background checks. The House Judiciary Committee voted in favor of the bill 23-15, in a strict party-line vote, sending it to the House floor. If approved by the full House, the bill would be the most significant gun...
Tags: Florida, Congress, Senate, Military, Gop, House, Arizona, Gun Control, Fox News, Lindsey Graham, Trump, House Judiciary Committee, Gabby Giffords, John Cornyn, Greg Steube, Steube



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