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The Law

  1. the law
    No, President Trump Can’t Strike Birthright Citizenship Out of the ConstitutionThe president is trying to stir up questions about the 14th Amendment, though for more than a century the courts have been very clear on its meaning.
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    How Will the Supreme Court Handle the Case of Kids Suing for Climate Action?“The right to a climate system capable of sustaining human life is fundamental to a free society,” wrote a federal judge.
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    The Future of Transgender Rights Now Rests With Brett KavanaughIf the Trump administration redefines gender under Title IX, the issue will end up before the courts — and Kavanaugh will likely be the deciding vote.
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    Harvard Admissions Trial Won’t End Affirmative Action – But That’s the End GoalBy taking up the cause of a small group of Asian-Americans, conservatives hope to give the Supreme Court a chance to end a historic civil-rights tool.
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    With Legal Storm Looming, Pat Cipollone May Be Perfect for White House CounselHe appears ready to pick up Don McGahn’s task of reshaping the judiciary, and his experience with congressional probes could certainly come in handy.
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    Kavanaugh Hearings: How Should Senators View the Evidence?Supreme Court confirmation hearings aren’t trials. Senators are free to make up their own minds about what they hear, with basically no constraints.
  7. brett kavanaugh
    Brett Kavanaugh’s First and Highest Loyalty Is to the Right-Wing MachineAppearing on Fox News to defend yourself is a page from the movement conservative playbook — one that no other SCOTUS nominee has used.
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    Paul Manafort Has Nothing Left But InformationBy cooperating with the feds, he’s cashing in his last asset.
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    What Would a Joint Defense Agreement Between Manafort and Trump Mean?Unpacking the implications of an arrangement Rudy Giuliani seemed to tease.
  10. arrests
    Piper Perabo Arrested Today for Protesting Kavanaugh’s Supreme Court NominationWe love a resistance queen.
  11. 5 Ways the Cohen and Manafort News Adds to Trump’s Legal JeopardyPresident Trump was implicated in a federal crime, and while he probably won’t be charged anytime soon, the legal risks are still massive.
  12. Judge Ellis Knows What He’s Doing in the Manafort TrialAnd rumors that the trial has Mueller on the ropes have been greatly exaggerated.
  13. Paul Manafort’s First Trial Is a Sideshow. The Next One Won’t Be.The real action is already happening across the Potomac, where another Manafort trial is bound to be much more revealing.
  14. In Kavanaugh, Trump Found Another Judge Who Will Kiss the RingHe proved it within minutes of being nominated.
  15. Justice Kennedy Surrendered to Donald TrumpHis sorry final act in the term that just ended — caving to the Court’s right wing on key decisions — will loom large in Kennedy’s legacy.
  16. It’s Donald Trump’s Supreme Court NowThe court’s decision upholding the president’s travel ban shows the that the conservative majority has no intention of standing up to him.
  17. The Supreme Court Continues to Chip Away at Protections for Minority VotersThe conservative majority seems very comfortable being aggressive on this issue, as its decision on racial gerrymandering shows.
  18. The Supreme Court Just Put a Ding in the Surveillance StateChief Justice Roberts broke from his fellow conservatives to make cell-phone location data less accessible to cops.
  19. SCOTUS: Forget What We Said Before About Not Having to Pay Sales Tax OnlineThe court threw out ample recent precedent to rule that states can collect tax on internet buys.
  20. On Obamacare, Jeff Sessions Is Standing Against the Rule of LawThe attorney general has made a strange and shocking choice: not to defend the Affordable Care Act in court.
  21. Justice Kennedy Has His Cake and Eats It Too in Gay Wedding CaseIn a much-watched civil rights case, Kennedy’s decision managed both to set down important markers while also avoiding the really big questions.
  22. Why Michael Cohen and Michael Avenatti Both Had a Bad Day in CourtOne got beaten down by a federal judge for being a grandstander. The other seems more and more likely to face prosecution.
  23. How a Federal Judge Is Laying Down the Law on Trump’s Twitter HabitsOne way to think of it is that she is — rather sneakily — giving him a test.
  24. Why the Supreme Court Just Opened the Doors to Legal Sports Betting in AmericaIt has a lot to do with the Tenth Amendment.
  25. The Supreme Court Will Make Trump Talk to Mueller If It Has ToIf Mueller’s effort to make Trump testify winds up before the court, expect SCOTUS to stick to the precedent set by United States v. Nixon.
  26. In the Travel-Ban Case, Supreme Court Seems Ready to Let Trump Be TrumpA day of interesting hypotheticals — and comments from the bench that suggest the president will get a lot of latitude.
  27. In the Bizarre Michael Cohen Courtroom Drama, Trump Doesn’t Hold Much SwayThe judge in Monday’s hearing treated the case like any other white-collar investigation involving shady lawyers and clients.
  28. Robert Mueller May or May Not Go, But His Work Won’t Go AnywhereThe special counsel has constructed an investigation that is sabotage-proof in key ways.
  29. FBI Raids Show the Investigation of Michael Cohen Is No ‘Witch Hunt’Despite what Trump thinks, federal investigators had to clear multiple hurdles to take such remarkable action, and Mueller didn’t orchestrate it.
  30. Mueller (Quietly) Keeps Turning Up the HeatRecent court filings by the special counsel’s office in the Russia saga paint a picture very different than the one GOP critics are trying to sell.
  31. the law
    DMX Sentenced to One Year in Prison for Tax FraudBefore he faced the music, the judge played DMX’s hit “Slippin” upon request.
  32. Lawyer Who Lied to Bob Mueller May Have Blown Paul Manafort’s Russia CoverAlex van der Zwaan, a minor character targeted by Mueller’s investigation, could make history.
  33. Trump Can Be Dragged Into Court for Defamation Case, Judge RulesFormer Apprentice contestant Summer Zervos is suing the president. It looks like he’ll have to show up in court.
  34. Robert Mueller Trains His Sights on the Trump OrganizationA new round of subpoenas suggest an expanding investigation.
  35. The Newest Frontier in Jurisprudence Is Trump’s Twitter FeedInside a federal courtroom, the government made a potentially precedent-setting argument for letting a social-media jackass do his thing.
  36. Rough Justice for Public UnionsIn a case key to the future of organized labor, swing Supreme Court justice Anthony Kennedy sounded like he’d already made up his mind.
  37. The Second Amendment Is No Barrier to Stricter Gun LawsThe courts have found that even all-out bans on assault-style weapons are in harmony with the right to keep and bear arms.
  38. The Supreme Court Would Be Crazy to Jump Into the DACA DisputeThe Supreme Court has an opportunity to weigh in on the future of DACA, but the justices should let Trump fix the mess he created.
  39. Trump Ending DACA Was Never About the Law. A Federal Judge Noticed.The administration didn’t offer much legal justification for killing the program. Now a court has ordered that protections for Dreamers be restored.
  40. Is the Judiciary Ready to Handle Harassment Charges?The case of Alex Kozinski, a top appellate judge who has been accused of making unwanted overtures to female clerks, will tell.
  41. Anthony Kennedy Has a Lot of Thinking to DoThe Supreme Court case over a baker who wouldn’t sell to a gay couple will come down to him. His questions in the case suggest a conflicted man.
  42. Charging Flynn With Lying Shows That Mueller Is Still Only Getting StartedThe best — well, worst — is yet to come for the Trump administration.
  43. David Boies Was America’s Top Litigator. Now He’s Known As Weinstein’s Lawyer.He was celebrated for taking on Microsoft, George W. Bush, and foes of gay marriage — then he hired spies to stop the Weinstein allegations.
  44. Sessions Directed DOJ to ‘Evaluate’ GOP Calls for More Clinton InvestigationsHouse Judiciary Committee chair Robert Goodlatte has asked for a second special counsel to investigate various allegations involving Democrats.
  45. Mueller Seems to Be Closing in on Flynn — and the Indictments Could Be ExplosiveReports of a $15 million kidnapping plot have only raised the stakes of the investigation for the Trump White House.
  46. Mueller Quietly Dropped a Bombshell on Monday — and It Wasn’t About ManafortThe special counsel’s charging of a very minor player reveals a lot about the big picture.
  47. Judge Rules That Trump Pardon Doesn’t Erase Joe Arpaio’s ConvictionShe said he escaped punishment, but that doesn’t “revise the historical facts.”
  48. Trump Still Can’t Get His Travel Ban Past the CourtsA federal judge in Maryland joined a judge in Hawaii in blocking the revised ban, though he again went further and called it, in effect, a Muslim ban.
  49. Why the Manhattan District Attorney Let Harvey Weinstein WalkThis may be less about campaign donations, and more about the fear of going up against a deep-pocketed defendant in a high-profile sex-crime case.
  50. Scandal-Plagued Cy Vance Suddenly Has a Write-in ChallengerMarc Fliedner, a Brooklyn civil rights lawyer, has been drafted by Liberal Twitter to take on the Manhattan DA in November. He’s ready.
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