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Posts filtered by tags: Senate[x]


 

"Some Democrats scoffed at the notion that the GOP would ever be able to deliver 10 votes needed to clear the filibuster. As of Wednesday night, they were at 11 — a number that appears likely to grow."

From "POLITICO Playbook: The inside view from the West Wing on infrastructure."NUMBER OF THE DAY: 21. That’s how many senators now support the bipartisan infrastructure framework proposed by Sens. KYRSTEN SINEMA, JOE MANCHIN, ROB PORTMAN, BILL CASSIDY, MITT ROMNEY and the other members of their centrist group. This is big.... What does this do to the Democrat side of the equation? The fear that Sinema and Manchin will oppose a larger reconciliation package stuffed with the left’s top priorities...
Tags: Law, Senate, Metaphor, Gop, Manchin, West Wing, Joe Manchin, Sinema, Kyrsten Sinema, Ann Althouse, Sinema Manchin, Sens KYRSTEN SINEMA JOE MANCHIN ROB PORTMAN


New plea deals sets possible new precedent for resolving low-level Capitol riot prosecutions with single misdemeanor with 6 month jail maximum

As reported in , headlined "Virginia couple pleads guilty in Capitol riot," the first set of pleas for low-level participating in the January 6 riots were entered in federal court yesterday.  Here are the details: A Virginia couple on Monday became the third and fourth defendants to plead guilty in the sprawling investigation stemming from the Capitol riot in January.  However, Jessica and Joshua Bustle of Bristow, Va., became the first to plead guilty in federal court who faced only misdemean...
Tags: Florida, Law, Senate, Virginia, America, Joe Biden, Fbi, Ronald Reagan, Secret Service, District Of Columbia, Donald Trump, Bustle, Reuters, Capitol, Jessica, Hogan


"Three Montana Adults" And Judicial Independence

The Montana Supreme Court has upheld the constitutionality of a recent legislative provisions governing judicial appointments In this original proceeding, Petitioners challenge the constitutionality of Senate Bill 140 (“SB 140”), a bill passed by the 2021 Montana Legislature and signed... [Author: Legal Profession Prof]
Tags: Law, Montana, Senate, Bill, Montana Supreme Court, Montana Legislature, Legal Profession Prof


Expungements for old weapons charges under Texas' new unlicensed-carry law could be widespread, but likely initially limited

Much have been made of the public-safety implications of Texas passing unlicensed-open-carry legislation (HB 1927) in the wake of mass shootings in El Paso, Odessa, and Sutherland Springs. But little attention has been paid to a provision in the bill allowing expunctions for past convictions for unlicensed carrying of a weapon (UCW, Penal Code 49.02). Rep. Senfronia Thompson added the amendment in the House, Charles Schwertner stripped it off in the Senate, then a narrower version was adopted in...
Tags: Texas, Law, Senate, Gritsforbreakfast, Senfronia Thompson, Charles Schwertner, Civil Rights Corps, Sutherland Springs, UCW, El Paso Odessa


"Acquitted. Then Sentenced."

The title of this post is the terrifically economical title of this new commentary authored by Shana O’Toole is the founder and president of the Due Process Institute.  As regular readers surely realize, the commentary focuses on a remarkable sentencing reality that has long troubled me and it discusses the possibility that a legislative fix may be in the works.  Here are excerpts from a piece I recommend (including a footnote that I consider especially important): Imagine being accused of robb...
Tags: Supreme Court, Law, Congress, Senate, Senate Judiciary Committee, Judiciary Committee, Douglas A Berman, Due Process Institute, Shana O'Toole, Without Supreme Court


"This more than 800-page bill has garnered zero Republican support. Why?"

"Are the very Republican senators who voted to impeach Trump because of actions that led to an attack on our democracy unwilling to support actions to strengthen our democracy? Are these same senators, whom many in my party applauded for their courage, now threats to the very democracy we seek to protect? The truth, I would argue, is that voting and election reform that is done in a partisan manner will all but ensure partisan divisions continue to deepen. With that in mind, some Democrats hav...
Tags: Voting, Law, Senate, America, Trump, Joe Manchin, Ann Althouse, Partisanship, Filibuster, Garner (the Word


Second Capitol rioter reaches plea deal with reported guideline range of 15 to 21 months in prison

As reported in , a "38-year-old man from Tampa, Fla., on Wednesday became only the second defendant charged in relation to the Jan. 6 Capitol riot to plead guilty to obstructing Congress’ certification of the 2020 election results — an agreement that could shed light on the government’s strategy for prosecuting the hundreds of other alleged perpetrators of the insurrection." Here is more: In a virtual plea hearing before the U.S. District Court for the District of Columbia, prosecutors told Ju...
Tags: Law, Congress, Senate, Secret Service, Moss, Capitol, Tampa Fla, Tampa Florida, U S Capitol, Schaffer, U S District Court for the District of Columbia, Hodgkins, Columbus Ind, Douglas A Berman, Randolph Moss, Jon Schaffer


How Far Can We Go Before the Constitutional Bargain Is Undermined?

The Quebec Government’s An Act respecting French, the official and common language of Québec (Bill 96), has generated considerable controversy over whether a province is able to make significant constitutional changes to its status and the use of the French and English languages unilaterally. It also raises the question of whether, if enacted and the constitution is amended, it will undermine the very architecture of the 1867 constitutional “deal” that united the original four members of confede...
Tags: Google, Supreme Court, Law, Senate, Court, Canada, New Brunswick, House, House Of Commons, Cambridge, Newfoundland, Nova Scotia, Victoria, Bill, Parliament, Oklahoma


“Basically optimistic” Breyer on American government, missing RBG

Justice Stephen Breyer extolled the virtues of civics education and reaching out across ideological divides, arguing on Friday that when enough people want their elected officials to work together, they will do so. Breyer’s remarks, which the 82-year-old jurist made during a wide-ranging conversation with Jeffrey Rosen of the National Constitution Center, came on the same afternoon that Senate Republicans used a procedural filibuster to block legislation that would have created a bipartisan com...
Tags: Featured, Mississippi, Supreme Court, Law, Senate, Joe Biden, United States, Ruth Bader Ginsburg, Kennedy, Ruth, Howe, Joanna, Stephen Breyer, Breyer, Rosen, National Gallery of Art


"The amendment tacked onto the Endless Frontier Act authorizes NASA to spend the money over the next five years on its lunar lander program on the condition that..."

"... the space agency awards a contract to build a second spacecraft — a deal that would likely go to Bezos’ Blue Origin space flight company. In April, NASA awarded a $2.9 billion contract to Elon Musk’s SpaceX to develop a lander as part of its effort to return astronauts to the moon by 2024. Blue Origin accused NASA of a 'flawed acquisition' that 'endangers America’s return to the moon' and filed a protest with the Government Accountability Office. If the Endless Frontier Act becomes law, t...
Tags: Law, Congress, Senate, America, Nasa, The moon, Jeff Bezos, Blue Origin, Ny Post, Bezos, Government Accountability Office, Ann Althouse, EDH, Sanders Hawley, Elon Musk 's SpaceX


Judge (Upcoming) Tiffany Cunningham

I wrote previously about Tiffany Cunningham who has been nominated to join the Court of Appeals for the Federal Circuit. Judge Wallach is set to take senior status at the end of May 2021. Today the Senate Judiciary Committee held its hearing on Cunningham’s nomination.  The Senate is quite busy to day and her nomination is not considered truly controversial as such there were only a few questions and statements. Sen Durbin (Chair) and Sen Grassley (Ranking Member) both indicated that they would...
Tags: Law, Senate, Patent, Senate Judiciary Committee, Cunningham, Court of Appeals for the Federal Circuit, Wallach, Sen Grassley, Court of Federal Claims, Tiffany Cunningham, Sen Durbin Chair, Grassley Grassley


Recordation Requirements and a Certificate of Unenforceability

by Dennis Crouch There are two interesting patent provisions being debated in the Senate as amendments to bipartisan Endless Frontier Act S.1260.  Although it is difficult to tell exactly what will happen, the EFA Bill as a whole is likely to pass through the Senate. Both amendments were proposed in a bipartisan manner by Sens Tillis (R) and Leahy (D) and so also carry some weight.  This is being pushed through the Senate and so there are unlikely to be any hearings on these amendments. Requirem...
Tags: Law, Senate, Leahy, Bill, Patent, PTO, EFA, Dennis Crouch, Sens Tillis


2021 Spring Update From Washington, D.C.

Things are getting almost back to normal after the attack on the Capitol building on January 6th. The barricades were slowly coming down, but then a subsequent incident happened when a car crashed into a barrier killing one of the Capitol police officers. There is still some lingering sense of apprehension about what might happen next. The Biden administration is now trying to reverse all the damage done by the previous administration, by issuing executive orders and introducing legislation. Whe...
Tags: Texas, Law, Congress, Washington, Senate, United States, House, House Of Representatives, Dc, Biden, District Of Columbia, Bureau, United States of America, Capitol, District, Legal Information


What must social media platforms do to comply with Florida’s Senate Bill 7072?

The media has been covering Florida’s new law ( Senate Bill 7072 ) targeting social media platforms, which Governor DeSantis signed today . The law is relatively complex and imposes a number of new obligations on social media platforms. The law is likely to face First Amendment challenges. And then there’s the Section 230 problem. In any event, through all the political noise surrounding the law’s passage, it is worth taking a careful look at what the statute actually says.  Findings T...
Tags: Florida, Law, Senate, Uncategorized, Disney World, DeSantis, Florida Election Commission, Florida Department of Justice


Chief Judge Kimberly Moore

We have a new Chief Judge at the Federal Circuit: Chief Judge Kimberly Moore. Prior to law school, Judge Moore worked as an electrical engineer for the Navy’s Naval Surface Warfare Center. Her BSEE and MS are both from MIT. Judge Moore then attended Georgetown Law Center; clerked for Judge Archer at the Federal Circuit; and also worked for a short time at Kirkland & Ellis.  She was a law professor  from 1997-2006 (Chicago-Kent; Maryland, and then George Mason) before being appointed to the Feder...
Tags: Maryland, Law, Navy, Senate, Archer, George W Bush, Patent, Kirkland Ellis, Moore, Federal Circuit, George Mason, Kimberly Moore, Georgetown Law Center, Chicago Kent, Kimberly Moore Prior


"Republicans seem to be coalescing around a delusional midterm strategy: The idea that they can get through the 2022 election while more or less ignoring Trump."

"Hey, they have all these great issues: Crime! Immigration! Inflation! Wokeism!... All they have to do is have their candidate in each district adjust those issues to suit his or her constituency.... Even if GOP candidates don't make Trump an issue in the midterms, and the Democratic candidates don’t make Trump an issue in the midterms, Trump will make Trump an issue in the midterms.... If Trump wants 2022 to be a referendum on Trump -- well, the race is going to be nationalized about somethi...
Tags: Law, Senate, Georgia, Gop, Trump, Kevin McCarthy, MSM, Mickey Kaus, Ann Althouse, 2022 Elections, Trump the ex-President, GOP Even if Trump, Congress Writes Mickey Kaus Everyone


Ninth Circuit panel interprets FIRST STEP amendment to statutory safety valve to greatly expand who can avoid federal mandatory-minimum sentences

A helpful reader made sure I did not miss a significant new Ninth Circuit panel ruling in US v. Lopez, No. 19-50305 (9th Cir. May 21, 2021) (available here).  Here is how the opinion gets started: Title 18 U.S.C. § 3553(f), commonly called the “safety valve,” allows a district court to sentence a criminal defendant below the mandatory-minimum sentence for certain drug offenses if the defendant meets the criteria in § 3553(f)(1) through (f)(5).  In 2018, Congress amended one of the safety valve’...
Tags: Law, Congress, Senate, US, United States, Ninth Circuit, Lopez, Douglas A Berman, Bostock


The Arthrex Decision and its Cure

by Dennis crouch The Supreme Court should release its  Arthrex decision within the next 3-4 weeks on whether PTAB Judges were appointed in accordance with US Constitutional requirements. Officers of the United States must be nominated by the President and confirmed by the Senate; inferior Officers may be appointed by a head-of-department if authorized by Congress.  US Const. Art. II, Sec. 2,  Cl. 2. PTAB Judges were implicitly deemed inferior officers by Congress and appointment authority given...
Tags: Apple, Supreme Court, Law, Congress, Senate, US, United States, Patent, Apple Inc, Dennis, Fed, Caterpillar, Federal Circuit, PTAB, Corephotonics, Arthrex


"But there’s a deeper reason why a cerebral cultural figure like [J.D.] Vance would convert to Trump-style trolldom."

"In today’s political and media culture, trolling is the shortest, simplest path to a level of attention you’d never get any other way. His fiery Twitter account is just the capstone on the gradual reinvention of J.D. Vance.... When Hillbilly Elegy was released in 2016, it was taken as a kind of Rosetta Stone to a world many in the left had never encountered, and Vance became a rare bipartisan figure that liberals could at once praise, pity and understand.... But...Vance became a Trump suppor...
Tags: Twitter, Rachel Maddow, Law, Senate, Politico, Masks, Ohio, Trump, Potomac, Vance, Rosetta Stone, Senate Seat, Joanna Weiss, Ann Althouse, Trump Republicans, what Trump did to the GOP


Morning Docket: 05.19.21

* A lawsuit claims that candles made by a company owned by Gwyneth Paltrow exploded. Wonder if Serenity by Jan made similar products... [NBC News] * The St. Louis lawyer, who was infamously photographed wielding a gun in front of protesters last year, has announced his run for a U.S. Senate seat. [Kansas City Star] * The City of Sacramento has settled a lawsuit over a law that required people to stand during the national anthem. [Sacramento Bee] * An appeals judge in North Carolina has been...
Tags: New York Post, Law, Senate, Nbc News, Sacramento, North Carolina, St. Louis, Gwyneth Paltrow, ABA Journal, Sacramento Bee, Kansas City Star, Morning Docket, U.S. Senate, Lawyerly Lairs


USA vs. the International Criminal Court: A Fraught History in the Quest for International Accountability for Atrocity Crimes

ICC Prosecutor, Fatou Bensouda (Image source: Wikipedia) The life of the Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, became easier on 2 April 2021 when United States (US) President Biden lifted harsh economic sanctions against her that had been authorised by former-President Trump on 15 June 2020 and applied on 2 September 2020. Ms. Bensouda’s nine-year term ends in June 2021, and her successor, UK lawyer Karim Khan QC, will begin his term free of the threat of US san...
Tags: Usa, UK, Law, Obama, Senate, China, Wikipedia, Russia, Israel, Court, US, Rome, Afghanistan, Canada, United States, Taliban


Hollywood, Alcohol, and Trademarks

Kaszuba v. Hirshfeld (Supreme Court 2021) [Petition for Certiorari][FedCir Decision] This pending petition for certiorari involves a trademark registration dispute between Kaszuba (HOLLYWOOD BEER) and Hollywood Vodka LLC (HOLLYWOOD VODKA).  Kaszuba first registered his mark (albeit on the Secondary Register).  Later, HVL was denied registration — in part because of the existence of the Kaszuba’s mark.  HLV then filed a cancellation proceeding before the Trademark Trial & Appeal Board (TTAB).  Af...
Tags: Law, Senate, Patent, Lexmark, Fed, U S Supreme Court, PTO, Federal Circuit, Patent Trial and Appeal Board, Trademark Trial Appeal Board, PTAB, Bose Corp, Hollywood Alcohol, Kaszuba, Hirshfeld Supreme Court, Kaszuba HOLLYWOOD


The House's history-making top security official talked with Insider about his plan to reopen the Capitol and ensure it will 'never, ever be breached again' after the January 6 attack

US House Sergeant at Arms William Walker announces the arrival of President Joe Biden to address a joint session of Congress. Melina Mara-Pool/Getty Images Maj. Gen. William Walker, the new House sergeant at arms, is the first Black man to hold that job. He's responsible for keeping the House side of the Capitol safe and reopening it to the public. He sat down with Insider for an exclusive interview, the first since starting his new role. See more stories on Insider's business pag...
Tags: Security, Facebook, Florida, Politics, Supreme Court, Congress, California, Washington, France, Police, Senate, White House, US, America, Trends, Joe Biden


South Carolina legislators approve execution by firing squad

Mirroring an earlier Senate bill, legislators in the South Carolina House today voted to approve the firing squad and the electric chair as methods of execution there and Gov. Henry McMaster has pledged to sign the bill into law. It's been 10 years since South Carolina executed anyone, reportedly because pharmaceutical companies refuse to sell it the drugs required for the deadly chemical cocktails used to kill the condemned. — Read the rest
Tags: Post, Crime, News, Law, Senate, Punishment, South Carolina, Henry McMaster, South Carolina House


Alabama lawmakers OK medical marijuana

One of the union's most conservative states was set to legalize marijuana for medical use Thursday, with GOP lawmakers switching sides to pass a bill that had earlier passed the state Senate. The Alabama House of Representatives voted 68-34 in the law's favor, which mandates a doctor's prescription for purchases. — Read the rest
Tags: Post, News, Law, Senate, Marijuana, Alabama, Gop, Medical Marijuana, Legalization, Alabama House of Representatives


Meet Victoria Toensing and Joseph diGenova, the Republican power couple caught up in the FBI's Rudy Giuliani investigation

Rudolph Giuliani, Joseph diGenova, and Victoria Toensing, attorneys for then-President Donald Trump, conduct a news conference. Tom Williams/CQ-Roll Call, Inc via Getty Image Victoria Toensing was served a search warrant alongside Rudy Giuliani last week. She and her husband and law partner, Joseph diGenova, have been close to Giuliani for decades. They were instrumental in the Ukraine scandal that led to former president Donald Trump's first impeachment. See more stories on Insider...
Tags: Europe, Politics, News, Media, Law, Vladimir Putin, Obama, Congress, Senate, White House, Russia, New York City, US, Trends, Reagan, Joe Biden


The nation's top general is considering ending commanders' roles in reviewing military sex assault cases

Joint Chiefs Chairman Gen. Mark Milley arrives to the chamber ahead of President Joe Biden speaking to a joint session of Congress, Wednesday, April 28, 2021, in the House Chamber at the U.S. Capitol in Washington. Melina Mara/The Washington Post via AP, Pool Gen. Mark Milley says he is dropping his opposition to a proposal to take decisions on sexual assault prosecution out of the hands of commanders. He said sexual assault in the military continues to happen despite efforts to stop it. ...
Tags: News, Congress, Washington, Senate, Defense, Trends, Joe Biden, Ap, Austin, Speed, Military, Army, Pentagon, Associated Press, Defense Department, Robert Burns


The #TexasGeorgeFloydAct: What component bills are still moving in the #txlege homestretch?

Over the weekend, your correspondent put together an update on the status of all the various bills that make up the Texas George Floyd Act for the 65-group coalition promoting them, so let's re-post it here for Grits readers who may be interested. There are four weeks to go in the legislative session, so all these bills are in the make-or-break home stretch.The Texas George Floyd Act, as distinct from federal legislation by the same name, fundamentally has eight component parts. These have also ...
Tags: Texas, Law, Senate, House, Houston, Texas Legislature, Texas House, Gritsforbreakfast, Homeland Security and Public Safety Committee, Gerald Goines, George Floyd


Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve”

The Supreme Court heard oral argument Tuesday in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, which considers whether small refiners can take advantage of a compliance exemption in the Renewable Fuel Standard program if they have not received that exemption continuously. (The full statutory scheme is elaborated here.) The petitioners are three small refineries who argue that the word “extension” in the statute’s exemption language provides a metaphorical safety valve for...
Tags: Featured, Supreme Court, Law, Congress, Senate, Epa, Environmental Protection Agency, Chevron, Thomas, Morrison, John Roberts, Roberts, Alito, Renewable Fuels Association, Stephen Breyer, Breyer


IDEA Act (S.632)

I previously mentioned the IDEA Act (S.632) that is pending before the Senate.   The proposal would have the PTO collect demographic information about patent inventors. This includes “including gender, race, military or veteran status, and any other demographic category that the Director determines appropriate.”  The information is to be kept confidential and away from the application file (so that examiners are not biased).The proposal states that the collection is “voluntary . . . [information...
Tags: Law, Senate, Patent, Cruz, Sen Ted Cruz, PTO



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