After listening to oral argument today, it became clear that there is a majority on the court ready to reconsider U.S. v. Nixon and Clinton v. Jones, and willing to devise a new standard for presidential subpoenas. It is yet another departure from precedent by the Roberts Court. And it will allow Donald Trump to … Read more
For you non-lawyers who have been listening to Supreme Court oral arguments over the past week, I hope it has been illuminating about the mystique of oral argument, and no, I don’t mean the unfortunate failure to mute a toilet flush during oral argument last week. That was a first for me as well. If … Read more
Charlotte Butash and Margaret Taylor have the full play-by-play color commentary, complete with an audio link, of the Oral Arguments in the DC Circuit En Banc Consideration of Committee on the Judiciary v. McGahn and U.S. House of Representatives v. Mnuchin at Lawfare Blog. From the introductory portion of their analysis: On April 28, Justice … Read more
Last week Judge Reggie B. Walton sharply criticized Attorney General William P. Barr’s handling of the report by the special counsel, Robert S. Mueller III, saying that Mr. Barr put forward a “distorted” and “misleading” account of its findings and lacked credibility before the court. The judge ordered the Department of Justice to privately show … Read more
There is a reason that “The Enemy of The People,” Mitch McConnell, is packing the federal courts with unvetted and unqualified right-wing reactionaries hand-picked by the right-wing Federalist Society and Heritage Foundation. He is ensuring that the courts are rigged with right-wing activist judges who will undermine any progressive legislation from a Democratic president and … Read more