The Hill is out with my column on how serving as Attorney General has corrupted the judgment of Merrick Garland, who I enthusiastically supported for confirmation. I now fear that I was wrong... thehill.com/opinion/crimin…
...Garland seems entirely adrift in his own department. While offering platitudes about being beyond politics, he continues to run interference for the Biden White House. He appears to be looking to close aides for direction. He should instead look to the 12 jurors in Wilmington.
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We have our first opinion today. It is unanimous and authored by Justice Jackson in the reverse discrimination case of Ames v. Ohio Dept. of Youth Services. ...supremecourt.gov/opinions/24pdf…
...Significant ruling that a member of a majority group does not have the added burden of showing "background circumstances." Remand for further consideration...
..."We hold that this additional “background circumstances” requirement is not consistent with Title VII’s text or our case law construing the statute."
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."