Trump’s Legal Team Sets a Precedent for Lowering the Bar

President Trump and his lawyers are engaged in a spectacle that would be funny if it weren’t so dangerous, and if the stakes weren’t so high.

#biden-joseph-r-jr, #constitution-us, #four-seasons-total-landscaping, #ginsberg-benjamin-l, #giuliani-rudolph-w, #presidential-election-of-2020, #republican-national-committee, #suits-and-litigation-civil, #trump-donald-j, #voter-fraud-election-fraud

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How to Protect America From the Next Donald Trump

The Constitution is supposed to protect us from demagogues. Can we make it work again?

#constitution-us, #democracy-theory-and-philosophy, #plato-428-348-bc, #presidential-election-of-2020, #trump-donald-j

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The Affordable Care Act Faces Another Supreme Court Test

Though the court’s conservative majority has been bolstered by three Trump appointees, the law’s challengers will face headwinds.

#constitution-us, #democratic-party, #health-insurance-and-managed-care, #obama-barack, #patient-protection-and-affordable-care-act-2010, #republican-party, #roberts-john-g-jr, #suits-and-litigation-civil, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government

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In the Messiest Contested Election, One Man Saved the System From Itself

Samuel Randall went against his own party’s wishes to keep the U.S. political system from falling apart.

#constitution-us, #democratic-party, #elections-house-of-representatives, #gore-al, #hayes-rutherford-birchard, #inaugurations, #politics-and-government, #presidential-election-of-2000, #primaries-and-caucuses, #randall-samuel-j-1828-90, #republican-party, #supreme-court-us, #tilden-samuel-j, #united-states-politics-and-government, #voter-fraud-election-fraud

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The Supreme Court Is Now 6-3. What Does That Mean?

Will we see a cohesive conservative alliance? Or a disparate group of conservative justices?

#alito-samuel-a-jr, #constitution-us, #coronavirus-2019-ncov, #kavanaugh-brett-m, #republican-party, #roberts-john-g-jr, #same-sex-marriage-civil-unions-and-domestic-partnerships, #senate, #supreme-court-us, #thomas-clarence, #trump-donald-j, #united-states-politics-and-government

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A Way for the Supreme Court to Protect Religious Minorities

The justices have an opportunity to overturn a precedent that has hurt Americans’ First Amendment rights.

#constitution-us, #law-and-legislation, #philadelphia-pa, #religion-and-belief, #religion-state-relations, #supreme-court-us

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Has the Court Learned Nothing From Bush v. Gore?

Apparently not.

#alito-samuel-a-jr, #barrett-amy-coney, #bush-george-w, #constitution-us, #florida, #fourteenth-amendment-us-constitution, #kavanaugh-brett-m, #oconnor-sandra-day, #pennsylvania, #presidential-election-of-2000, #presidential-election-of-2020, #republican-party, #roberts-john-g-jr, #scalia-antonin, #souter-david-h, #supreme-court-us, #united-states, #united-states-politics-and-government, #voter-registration-and-requirements, #wisconsin

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When It Comes to Democracy, the U. S. Is Showing Its Age

Our election systems were not built for the modern era. Looking abroad might help.

#biden-joseph-r-jr, #constitution-us, #corruption-institutional, #democratic-party, #electoral-college, #erdogan-recep-tayyip, #india, #latvia, #mexico, #orban-viktor, #presidential-election-of-2020, #republican-party, #state-legislatures, #trump-donald-j, #united-states-politics-and-government, #voting-rights-act-1965

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The Supreme Court Should Stay Out of State Election Law

Allowing federal courts to muck around with state election laws is dangerous and destabilizing.

#barrett-amy-coney, #constitution-us, #federal-courts-us, #kavanaugh-brett-m, #pennsylvania, #presidential-election-of-2000, #rehnquist-william-h, #republican-party, #roberts-john-g-jr, #state-legislatures, #states-us, #supreme-court-us, #supreme-courts-state

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End Minority Rule

Either we become a truly multiracial democracy or we cease to be a democracy at all.

#black-people, #constitution-us, #elections-house-of-representatives, #george-floyd-protests-2020, #polls-and-public-opinion, #presidential-election-of-2020, #trump-donald-j, #united-states-politics-and-government, #voter-registration-and-requirements, #voting-rights-act-1965

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Lindsey Graham and His Allies Think 50 States Is Plenty

According to the Republican Party, less democracy is better than more.

#constitution-us, #democratic-party, #elections-senate, #graham-lindsey, #mcconnell-mitch, #ocasio-cortez-alexandria, #presidential-election-of-2020, #republican-party, #sasse-benjamin-e, #senate, #states-us, #trump-donald-j, #united-states-politics-and-government

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Amy Coney Barrett’s Originalism Threatens Our Freedoms

Do we really want out rights to be determined by the understandings of centuries ago?

#abortion, #barrett-amy-coney, #bork-robert-h, #constitution-us, #constitutional-amendments, #scalia-antonin, #senate, #supreme-court-us, #thomas-clarence

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A Question of Life and Death Looms for Amy Coney Barrett

If confirmed, she may soon have to reconcile her Catholic morality and the law over a death penalty case.

#alito-samuel-a-jr, #barrett-amy-coney, #capital-punishment, #constitution-us, #criminal-justice, #first-amendment-us-constitution, #francis, #freedom-of-religion, #john-paul-ii, #kavanaugh-brett-m, #murders-attempted-murders-and-homicides, #prisons-and-prisoners, #roman-catholic-church, #supreme-court-us, #texas

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The Supreme Court’s Test: Preserving Its Legitimacy

Joe Biden should be open to enlarging the number of justices. But first, he should see if the conservative majority overplays its hand.

#barrett-amy-coney, #constitution-us, #law-and-legislation, #supreme-court-us, #united-states, #united-states-politics-and-government

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Justice Kavanaugh Unlocked Ways to Fight Foreign Interference

He made clear the constitutional rights of foreign actors abroad cannot be violated, because they have no constitutional rights.

#campaign-finance, #constitution-us, #kavanaugh-brett-m, #united-states-politics-and-government

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What About the Rest of the Constitution?

Amy Coney Barrett’s originalism ignores the significance of the second American Revolution.

#barrett-amy-coney, #black-people, #constitution-us, #constitutional-amendments, #discrimination, #fifteenth-amendment-us-constitution, #foner-eric, #fourteenth-amendment-us-constitution, #madison-james-1751-1836, #race-and-ethnicity, #rakove-jack-n, #reconstruction-era, #slavery-historical, #supreme-court-us, #thirteenth-amendment-us-constitution

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The Precedent, and Perils, of Court Packing

As the Senate begins hearings for Judge Amy Coney Barrett, some liberals say expanding the size of the Supreme Court would be a fitting response to recent Republican moves in the confirmation wars.

#appointments-and-executive-changes, #barrett-amy-coney, #constitution-us, #democratic-party, #polls-and-public-opinion, #republican-party, #supreme-court-us, #united-states-politics-and-government

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Don’t Be So Sure a Justice Barrett Would Overturn Roe

She has already been called an extremist on questions of precedent. But in her writing, she has expressed a decidedly mainstream view.

#barrett-amy-coney, #constitution-us, #courts-and-the-judiciary, #scalia-antonin, #senate, #senate-committee-on-the-judiciary, #supreme-court-us

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Change the Supreme Court? You Have Ideas

We asked readers if and how you would alter the way justices are chosen and how the court works, and received more than 1,500 responses. Some of your suggestions would require constitutional amendments.

#appointments-and-executive-changes, #constitution-us, #constitutional-amendments, #mcconnell-mitch, #supreme-court-us, #term-limits-political-office, #united-states-politics-and-government

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Don’t Give Up on America

This country is not just an idea. It’s a family.

#constitution-us, #united-states-politics-and-government

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Court Packing Can Be an Instrument of Justice

If Republicans replace Ruth Bader Ginsburg with Amy Coney Barrett, they should pay a price.

#barrett-amy-coney, #biden-joseph-r-jr, #conservatism-us-politics, #constitution-us, #courts-and-the-judiciary, #harris-kamala-d, #mcconnell-mitch, #presidential-election-of-2020, #trump-donald-j, #united-states-politics-and-government

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Donald Trump’s Alternate Constitutional Reality

The president — and Congress — should stop outsourcing the defense of the Constitution to judges.

#barrett-amy-coney, #constitution-us, #courts-and-the-judiciary, #madison-james-1751-1836, #mcconnell-mitch, #presidents-and-presidency-us, #senate, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government

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What Does It Mean to Love a Country?

It is often said that America is an idea. It is also a family. Don’t give up on it.

#constitution-us, #united-states-politics-and-government

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How Does the Electoral College Work and Why Does It Matter?

It’s the Electoral College, not the national popular vote, that determines who wins the presidency.

#clinton-hillary-rodham, #constitution-us, #elections-house-of-representatives, #elections-senate, #electoral-college, #presidential-election-of-2016, #presidential-election-of-2020, #presidents-and-presidency-us, #trump-donald-j, #united-states-politics-and-government

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What if Trump Can’t Run? Many Steps Are Clear, but Some Are Not

The Constitution says the vice president is next in line if the president dies or can no longer serve, but things get murkier from there.

#appointments-and-executive-changes, #constitution-us, #coronavirus-2019-ncov, #pelosi-nancy, #pence-mike, #presidents-and-presidency-us, #trump-coronavirus-positive-result, #trump-donald-j, #twenty-fifth-amendment-us-constitution, #united-states-politics-and-government

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Searching for the Real Abraham Lincoln

David S. Reynolds’s “Abe” seeks to understand Lincoln by placing him in the context of his times.

#abe-abraham-lincoln-in-his-times-book, #books-and-literature, #brown-john-1800-59, #civil-war-us-1861-65, #constitution-us, #lincoln-abraham, #reynolds-david-s

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The Right’s Relentless Supreme Court Justice Picking Machine

Amy Coney Barrett’s nomination is the fruit of decades of activity by a tightly organized network.

#conservatism-us-politics, #constitution-us, #courts-and-the-judiciary, #liberalism-us-politics, #religion-state-relations, #united-states-politics-and-government

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There’s a Reason the Election of 1800 Still Sings Out to Us

And it’s not only because of Hamilton and Burr.

#adams-john-1735-1826, #burr-aaron, #constitution-us, #house-of-representatives, #jefferson-thomas, #madison-james-1751-1836, #united-states-politics-and-government

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Is Amy Coney Barrett Joining a Supreme Court Built for the Wealthy?

Future decisions by a very conservative majority could give corporations even more weight and workers less.

#appointments-and-executive-changes, #barrett-amy-coney, #constitution-us, #corporate-social-responsibility, #federal-state-relations-us, #income-inequality, #labor-and-jobs, #supreme-court-us, #workplace-hazards-and-violations

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Barrett’s Record: A Conservative Who Would Push the Supreme Court to the Right

As an appeals court judge, her opinions have reflected those of her mentor, Justice Antonin Scalia, but with few of his occasional liberal rulings.

#abortion, #appointments-and-executive-changes, #barrett-amy-coney, #constitution-us, #ginsburg-ruth-bader, #health-insurance-and-managed-care, #law-and-legislation, #trump-donald-j, #washington-dc

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Are Republican Judges Putting Their Thumbs on the Electoral Scale?

Recent decisions certainly suggest as much.

#absentee-voting, #adalberto-jose-jordan, #appeals-courts-us, #biery-fred-s, #conley-william-m, #constitution-us, #coronavirus-2019-ncov, #ex-convicts, #ginsburg-ruth-bader, #hinkle-robert-l, #southwick-leslie-h, #supreme-court-us, #trump-donald-j, #twenty-sixth-amendment-us-constitution, #united-states, #voter-registration-and-requirements

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A Supreme Court Fight Might Be Exactly What America Needs

From the courts to Congress, we might need fewer embalming norms and more room for victories and defeat.

#abortion, #conservatism-us-politics, #constitution-us, #courts-and-the-judiciary, #democratic-party, #ginsburg-ruth-bader, #politics-and-government, #presidential-election-of-2020, #puerto-rico, #republican-party, #senate, #supreme-court-us, #trump-donald-j, #united-states, #united-states-politics-and-government, #washington-dc

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What Do We Do When Everything Is Coming Apart?

It turns out 1820 has a lot to tell us about 2020.

#conservatism-us-politics, #constitution-us, #courts-and-the-judiciary, #democratic-party, #elections-courts-and-the-judiciary, #mcconnell-mitch, #presidential-election-of-2020, #republican-party, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government

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Down With Judicial Supremacy!

The Supreme Court was never meant to be the only arbiter of the meaning of the Constitution.

#adams-john-1735-1826, #constitution-us, #courts-and-the-judiciary, #democratic-party, #federal-courts-us, #ginsburg-ruth-bader, #jefferson-thomas, #lincoln-abraham, #marshall-john, #presidents-and-presidency-us, #roosevelt-franklin-delano, #scott-dred, #supreme-court-us, #taney-roger-b, #trump-donald-j, #united-states-politics-and-government

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Lagoa’s Role in Florida Will Be a Big Factor in Trump’s Supreme Court Pick

Judge Barbara Lagoa lacks some of the usual credentials of a Supreme Court justice, but her roots in the Cuban-American community could make her an attractive choice for President Trump.

#abortion, #appeals-courts-us, #appointments-and-executive-changes, #constitution-us, #cuban-americans, #desantis-ron, #florida, #gonzalez-elian, #lagoa-barbara, #presidential-election-of-2020, #supreme-court-us, #supreme-courts-state, #trump-donald-j, #united-states-politics-and-government

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An Open Letter to Mitt Romney

Here’s why Lindsey Graham is wrong.

#conservatism-us-politics, #constitution-us, #democratic-party, #filibusters-and-debate-curbs, #republican-party, #senate, #supreme-court-us, #united-states, #united-states-politics-and-government

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To Conservatives, Barrett Has ‘Perfect Combination’ of Attributes for Supreme Court

Judge Amy Coney Barrett is regarded as the leading contender to replace Justice Ruth Bader Ginsburg.

#abortion, #appeals-courts-us, #appointments-and-executive-changes, #barrett-amy-coney, #christians-and-christianity, #conservatism-us-politics, #constitution-us, #ginsburg-ruth-bader, #indiana, #patient-protection-and-affordable-care-act-2010, #roe-v-wade-supreme-court-decision, #roman-catholic-church, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government, #university-of-notre-dame, #women-and-girls

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How the G.O.P. Might Get to Yes on Replacing Ruth Bader Ginsburg

There’s no escape from juristocracy except through political conflict.

#biden-joseph-r-jr, #constitution-us, #democratic-party, #elections-courts-and-the-judiciary, #ginsburg-ruth-bader, #presidential-election-of-2020, #republican-party, #senate, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government

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We Clerked for Ruth Bader Ginsburg. Nothing Stopped Her From Speaking Up.

Keenly aware of how the law affects real women in real life, she fought fiercely for equality.

#constitution-us, #discrimination, #ginsburg-ruth-bader, #marshall-thurgood, #supreme-court-us, #women-and-girls, #womens-rights

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Trump’s Leading Candidates to Fill Ginsburg’s Supreme Court Vacancy

President Trump has vowed to fill the vacancy created by the death of Justice Ruth Bader Ginsburg “without delay.” Here is who might fill the seat.

#appeals-courts-us, #appointments-and-executive-changes, #barrett-amy-coney, #barry-maryanne-trump, #constitution-us, #democratic-party, #ginsburg-ruth-bader, #gorsuch-neil-m, #hardiman-thomas-m-1965, #justice-department, #kethledge-raymond-m-1966, #mcconnell-mitch, #pryor-william-h-jr, #republican-party, #scalia-antonin, #senate-committee-on-the-judiciary, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government

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Who is on President Trump’s List of Supreme Court Nominees?

President Trump has vowed to fill the vacancy created by the death of Justice Ruth Bader Ginsburg “without delay.” Here is who might fill the seat.

#appeals-courts-us, #appointments-and-executive-changes, #barrett-amy-coney, #barry-maryanne-trump, #constitution-us, #democratic-party, #ginsburg-ruth-bader, #gorsuch-neil-m, #hardiman-thomas-m-1965, #justice-department, #kethledge-raymond-m-1966, #mcconnell-mitch, #pryor-william-h-jr, #republican-party, #scalia-antonin, #senate-committee-on-the-judiciary, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government

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The Very Structure of Modern Government Is Under Legal Assault

Here’s how to defend it.

#constitution-us, #law-and-legislation, #united-states-politics-and-government

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Why Does Trump Want an Inaccurate Census?

Congress must extend the deadline for the count.

#census, #census-bureau, #constitution-us, #daines-steve, #executive-orders-and-memorandums, #federal-aid-us, #house-of-representatives, #mcconnell-mitch, #murkowski-lisa, #redistricting-and-reapportionment, #sullivan-daniel-scott-1964, #trump-donald-j, #united-states-politics-and-government

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Guantánamo Forever

Does the public care about the 40 remaining inmates with no obvious end to their imprisonment?

#appeals-courts-us, #boumediene-lakhdar, #bush-george-w, #constitution-us, #decisions-and-verdicts, #detainees, #federal-courts-us, #guantanamo-bay-naval-base-cuba, #habeas-corpus, #kennedy-anthony-m, #millett-patricia-a, #randolph-a-raymond, #rao-neomi, #september-11-2001, #supreme-court-us, #terrorism

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What Will You Do if Trump Doesn’t Leave?

Playing out the nightmare scenario.

#constitution-us, #democratic-party, #house-of-representatives, #polls-and-public-opinion, #presidential-election-of-2020, #trump-donald-j, #united-states, #united-states-politics-and-government

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Could the 2020 Election End Up at the Supreme Court?

The scenarios that keep me up at night.

#bush-george-w, #constitution-us, #douglas-lawrence-r-1959, #florida, #gore-al, #presidential-election-of-2000, #presidential-election-of-2020, #supreme-court-us, #trump-donald-j, #united-states

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For Conservatives to Have Any Hope, Trump Has to Lose

After what we have seen during the president’s first term, any true conservative should be appalled by the prospect of a second.

#biden-joseph-r-jr, #conservatism-us-politics, #constitution-us, #coronavirus-risks-and-safety-concerns, #masks, #presidential-election-of-2016, #presidential-election-of-2020, #race-and-ethnicity, #reagan-ronald-wilson, #republican-party, #trump-donald-j, #united-states-politics-and-government, #ziblatt-daniel

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Why Are Senate Republicans Playing Dead?

They’re allowing President Trump to place loyalists in important government positions.

#appointments-and-executive-changes, #constitution-us, #defense-department, #republican-party, #senate, #supreme-court-us, #tata-anthony-j, #trump-donald-j, #united-states, #united-states-politics-and-government

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Trump, the Mail and the Unbinding of America

The Postal Service facilitates citizen inclusion. That’s why Trump hates it.

#absentee-voting, #constitution-us, #postal-service-us, #postal-service-and-post-offices, #presidential-election-of-2020, #rural-areas, #trump-donald-j

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In 1920, Native Women Sought the Vote. Here’s What’s Next.

The 19th Amendment did not bring the right to vote to all Native women, but two experts in a conversation said it did usher in the possibility of change.

#2020-suffrage, #citizenship-and-naturalization, #constitution-us, #domestic-violence, #land-use-policies, #law-and-legislation, #native-americans, #nineteenth-amendment-us-constitution, #politics-and-government, #treaties, #united-states-politics-and-government, #women-and-girls, #womens-rights

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