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Archive of Articles in the "The Supreme Court" Category

Friday Talking Points [478] -- Seeking Lead Lawyer For Difficult Client

[ Posted Friday, March 30th, 2018 – 17:22 UTC ]

By Trumpian standards, this has been a relatively quiet week. After all, the president only fired a single cabinet secretary, and zero high-ranking aides! Plus, Trump hasn't attacked Stormy Daniels on Twitter even once, after her bombshell interview on 60 Minutes last Sunday. For Trump, this shows some newfound restraint.

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Schrödinger's Sex Scandal

[ Posted Thursday, March 29th, 2018 – 17:13 UTC ]

Today, we're going to take a trip down the rabbit hole with Schrödinger's (Cheshire?) cat. If that sounds like a mixed-up metaphor, that's because it is. Our fantastical journey starts off as a Charles Dodgson-style syllogism, but since it contains such circular logic it winds up being an Erwin Schrödinger-style thought experiment. Did they or didn't they? Well, until the wave function collapses into a single eigenstate, President Donald Trump's lawyer's lawyer would have us all believe that they both did and didn't, at the same time. The cat is both alive and dead, in other words. While this may be the most obscure and confusing lead paragraph I have ever personally written, such obscurity seems to be almost required these days, to talk about the growing sex scandal (or non-sex scandal) surrounding Trump and porn star Stormy Daniels.

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Two State Court Cases With National Political Impact

[ Posted Tuesday, March 20th, 2018 – 17:06 UTC ]

Two completely unrelated court actions are in the news today. There is no real common thread between the two, other than that they both involve state court actions and that both have rather large political overtones. So just to warn you up front, there won't be any sweeping conclusion at the end that ties the two cases together in any way (fair warning).

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Aftershocks From The Lambquake

[ Posted Wednesday, March 14th, 2018 – 17:04 UTC ]

In practical terms, the election of Democrat Conor Lamb to Pennsylvania's 18th congressional district isn't all that big a deal. Control of the House will not switch, so Paul Ryan will remain as speaker (with one less vote he can count on). Lamb will hold the seat only until November, when the district itself will disappear in the new redistricting map imposed by the state supreme court (to counteract the egregious Republican gerrymandering). So, practically, nothing much will change. In both political and psychological terms, however, the effect of Lamb's victory has to be measured on the Richter scale, because it certainly shook up Washington in a very big way. Congress felt the earth move last night, as the political tectonic plates realigned.

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Porn Star Sues President

[ Posted Thursday, March 8th, 2018 – 18:01 UTC ]

When you sit back and think about it, that is a rather extraordinary headline. Or, at the very least, it should be. These days, though, not so much. In fact, the story of Donald Trump allegedly paying $130,000 hush money -- to a porn star weeks before the election so she would keep quiet about their alleged affair, which took place either while Trump's third wife was pregnant or just after the birth of the baby (or both) -- was largely ignored for the past few months, due to so many other chaotic crises taking place simultaneously within the White House. It will be hard for future historians to grasp, but the story of hush money paid off to a porn star actually struggled to gain traction in the national news. And that is even more extraordinary than the story itself. But then that's life in the Trump era, folks.

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Friday Talking Points [473] -- Mueller's Busy Week

[ Posted Friday, February 23rd, 2018 – 18:28 UTC ]

Bob Mueller has had a busy and productive week. His investigation is intensifying quickly, as it gains speed and moves closer and closer to the inner Trump circle. Just a week ago, Mueller's team dropped an indictment on 13 Russians for meddling in the 2016 election. By Tuesday, a previously-unmentioned lawyer reached a plea deal with Mueller. Yesterday, Mueller filed an indictment with 32 counts against Paul Manafort and Rick Gates. Today, Gates officially flipped, and pled guilty to two counts against him, conspiracy and lying to federal agents. Not just another #MuellerFriday, in other words, but a full-on #MuellerWeek. No word from President Trump's Twitter account yet (as of this writing), but if last weekend was any preview, it sure ought to be fun to see him flail around for the next few days as the noose gets tighter and tighter around his innermost circle.

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Slaying The Gerrymander

[ Posted Tuesday, February 20th, 2018 – 17:49 UTC ]

The "Gerry-Mander," originally, was a flying lizard -- or, one might say, a dragon. In March of 1812, the Boston Gazette published a cartoon based on a district the governor at the time (Elbridge Gerry) had approved. The cartoonist thought it looked like a salamander, drew the winged lizard, and thus introduced the word "gerrymander" to the politician lexicon. In current American politics, a wide group of citizens are now girding their loins and seeking to slay the gerrymander dragon, once and for all.

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Friday Talking Points [472] -- Infrastructure Week!

[ Posted Friday, February 16th, 2018 – 18:04 UTC ]

Before we get to all the rest of the news, here's an interesting anniversary: it has been exactly one year since Trump's last solo press conference. In all the time he's been president, he has held a grand total of precisely one press conference, a month after he was sworn in. So what is he afraid of?

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Friday Talking Points [471] -- Trump's Kim Jong Un Envy

[ Posted Friday, February 9th, 2018 – 18:25 UTC ]

There's an old joke in Washington that the press knows how to ask politicians questions that can't be answered in any acceptable way. The classic example, of course, is: "So, Senator, have you stopped beating your wife?" This week, however, the Trump White House has been getting a variant: "So, how long was a wife-beater who couldn't get a security clearance allowed to work for the president, and why?"

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Leader Time

[ Posted Wednesday, February 7th, 2018 – 17:39 UTC ]

As I write this, Nancy Pelosi has been speaking for something like seven straight hours on the floor of the House of Representatives. Historians are scurrying to comb through the House archives, and some are already calling it the longest such speech ever delivered on the House floor. It's not technically a filibuster (which only happen in the Senate), instead Pelosi is exploiting a parliamentary loophole known as "leader time" -- which allows party leaders to speak uninterrupted. Minority Leader Pelosi has been doing so since 10:00 in the morning, Eastern time, and so far shows no signs of stepping down.

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