The Colorado Supreme Court has issued an unsigned opinion disqualifying Trump from the ballot: "The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified."...courts.state.co.us/userfiles/file…
...This ends a string of losses for advocates of this dangerous novel theory. They finally found a court that would embrace what the court admits is a case of "first impression." My first impression remains that same. The court is dead wrong in my view...jonathanturley.org/2023/08/21/the…
...It is striking that the court relies on Schenck v. U.S., where the Court upheld the denial of core free speech rights of a socialist opposing a war. The opinion of the Colorado Supreme Court is so sweeping that it would allow for tit-for-tat removals of candidates from ballots
...The opinion is remarkable in how the four justices adopted the most sweeping interpretations to get over each barrier. The result is lack of a limiting principle. I view the opinion as strikingly anti-democratic in what it now allows states to do in blue and red states alike.
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Project Veritas may have just sealed the fate of David Hogg with the DNC, if the new videotape is verified. With the vote scheduled for June, Hogg allegedly stated that Jill Biden's Chief of Staff Anthony Bernal effectively ran the White House...
...I cannot imagine that the comments will go over well with the DNC, particularly the Biden allies. It will also fuel growing demands in both the House and the Senate for an investigation into the alleged cover-up of Biden's alleged incapacity.
...The greatest risk of these investigations will be tripping the wire on false statements as former Biden aides are pulled into interviews and testimony. With a supportive administration, such charges now come with a far more credible threat of prosecution for defense counsel.
U.S. District Judge Indira Talwani of Massachusetts has enjoined President Trump's effort to end the "parole" status of hundreds of thousands of immigrants by President Biden. The case can now be appealed, but there is one interesting positive element for the Administration...
...The Court certified a national class action as the basis for the injunction. That is precisely what the Trump Administration argued was the proper way to proceed in these cases. The liberal justices suggested that it is too cumbersome and slow a process...
...Chief Justice Roberts noted that such certification can occur on an expedited basis. Here, the court showed that it can be done as the basis for a national injunction. That is in contrast to individual district judges imposing such universal or national injunctions in cases involving a handful of litigants.
In what will add even greater controversy to an already controversial case, U.S. District Judge Lynn Adelman, 85, had been assigned to preside over the trial of Milwaukee County Circuit Judge Hannah Dugan. Adelman has a history of injudicious and biased political commentary...
...Judge Adelman attacked Chief Justice Roberts as lying in his confirmation hearing and described Trump as "an autocrat" who is "disinclined to buck the wealthy individuals and corporations who control his party."...
...He was previously reversed and rebuked in a voter ID case after largely ignoring controlling precedent. For many conservatives, they may see little difference between the two judges in the case in terms of their demeanor and detachment.
The Supreme Court delivered a win for the Administration today by lifting the injunction on the move to terminate Temporary Protected Status (TPS) protections for hundreds of thousands of people allowed into the country by Biden from Cuba, Haiti, Nicaragua, and Venezuela...
...A California district judge had blocked the move and the Ninth Circuit refused to lift the injunction. It will now go back to the Ninth Circuit for the resolution of the merits. Only Justice Jackson dissented in the order today... documentcloud.org/documents/2594…
...Notably, while the statute states that this special status could be assigned on a “case-by-case” basis, the Biden Administration unlawfully adopted a wholesale policy granting temporary parole to hundreds of thousands of individuals from four countries — Cuba, Haiti, Nicaragua, and Venezuela (“CHNV”) ...
The Supreme Court delivered a blow to the Trump Administration in blocking deportations under the Alien Enemies Act. However, the Court only did so based on the lack of notice (24 hours) afforded by the Administration. It did not rule on the legality of the use of the AEA...
...The Court expressly stated: "To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18." ...
...That still leaves much to be decided including what notice is required: "it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case. We remand the case to the Fifth Circuit for that purpose."
The Supreme Court argument is now concluded and there was far more heat than light offered inside the courtroom...
...Justices Thomas, Alito, and Kavanaugh seemed strongly in favor of the Administration. Roberts also made repeated points that seemed to support some of the arguments of the Administration, though it was not clear how he would vote...
...On the left, Kagan repeatedly strived to distinguish this case from her earlier objections to universal injunctions under the Biden Administration. She seemed solidly with Sotomayor and Jackson...