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Constitutional Law

All articles tagged with #constitutional law

Fired Within an Hour, Rogoff Sues to Reclaim Interim U.S. Attorney Post
politics1 month ago

Fired Within an Hour, Rogoff Sues to Reclaim Interim U.S. Attorney Post

A former U.S. attorney for Washington’s Western District, Roger Rogoff, is suing to be reinstated after being fired minutes after the judges appointed him to the post, arguing that federal judges can appoint interim U.S. attorneys without Senate confirmation and that the firing violates the Constitution; the DOJ counters that the President can remove interim U.S. attorneys, highlighting a contest over how lead prosecutors are chosen.

via CNN|
#constitutional-law#politics#rogoff
Birthright Victory, Enduring War: The Court and Trump’s Long Game
politics1 month ago

Birthright Victory, Enduring War: The Court and Trump’s Long Game

The Supreme Court’s ruling upholding birthright citizenship is framed as a tactical win for Trump, but the author argues it’s part of a broader, patient strategy by the right to rewrite law and expand executive power. Tracing decisions on DACA, immigration, and the power to remove independent agency heads, the piece contends this is a long‑term campaign rather than a one‑off victory, and that democracy must respond with a generation‑spanning strategy rather than short‑term wins.

via Salon.com|
#birthright-citizenship#constitutional-law#immigration
Four Justices Open a Narrow Door on Birthright Citizenship Under the 14th Amendment
politics1 month ago

Four Justices Open a Narrow Door on Birthright Citizenship Under the 14th Amendment

The Supreme Court rejected President Trump’s plan to end birthright citizenship by executive order, but four justices said the policy could be lawful under the 14th Amendment’s citizenship clause, with Justices Kavanaugh and Thomas among them; Kavanaugh would have ruled against the plan on other grounds, highlighting a nuanced, divided view on birthright citizenship.

via NBC News|
#14th-amendment#birthright-citizenship#constitutional-law
SCOTUS weighs birthright citizenship challenge to Trump order
politics1 month ago

SCOTUS weighs birthright citizenship challenge to Trump order

The Supreme Court will decide whether President Trump's birthright citizenship order—denying automatic citizenship to children born to parents in the U.S. illegally or temporarily—passes constitutional muster; the term has also featured a major ruling expanding presidential power to fire agency heads, and the court is weighing cases on transgender athletes and campaign spending. Justices expressed skepticism at oral arguments, suggesting a potentially complex or limited ruling.

via AP News|
#birthright-citizenship#constitutional-law#immigration-policy
Alito’s Aloha Spirit jab highlights culture in gun-rights ruling
politics1 month ago

Alito’s Aloha Spirit jab highlights culture in gun-rights ruling

The Supreme Court’s Wolford v. Lopez decision struck down Hawaii’s ban on carrying guns onto private property, but Justice Samuel Alito’s reference to the “spirit of Aloha” drew criticism as a racially tinged political jab; the piece argues Hawaiian historical traditions and the Aloha Spirit should inform constitutional interpretation and suggests conservatives are using culture to frame the gun-rights debate.

via Balls and Strikes|
#aloha-spirit#constitutional-law#gun-rights
Judge rules $100,000 H-1B visa fee unlawful tax
legal2 months ago

Judge rules $100,000 H-1B visa fee unlawful tax

A U.S. District Judge in Boston, Leo Sorokin, struck down former President Trump’s $100,000 fee for new H‑1B visas, ruling it was an unlawful tax not authorized by Congress; the fee, intended to deter skilled-immigrant petitions, had barely been collected (only about 85 payments by February) and was challenged by 20 Democratic state attorneys general. Sorokin said the charge is a tax in substance regardless of its label, and the White House did not comment.

via Reuters|
#constitutional-law#government#immigration
Americans show rising interest as Canada widens citizenship rules
americas2 months ago

Americans show rising interest as Canada widens citizenship rules

Canada’s new citizenship-by-descent rules, in force since December, let more generations claim citizenship if they can prove descent. IRCC data show descent-based approvals rising by over 1,000 per month this year (Jan 1,140; Feb 1,255; Mar 1,405 versus 275 in Dec 2025), with roughly 48% of the extra approvals coming from the United States. Lawyers say American interest reflects tight U.S. politics and close cross-border ties, while noting most new citizens are expected to live abroad; the rule change followed a 2023 court ruling finding first-generation limits unconstitutional.

via Reuters|
#americas#canada#citizenship
Forever Immunity and the Fragile Line Between Law and Power
politics3 months ago

Forever Immunity and the Fragile Line Between Law and Power

Slate legal analyst Aziz Huq argues that acting AG Todd Blanche’s bid to grant Trump and his family “forever immunity” rests on a nonexistent constitutional power to bind future officials or to immunize future actions from the law. The piece stresses that no branch—Congress or the president—can unilaterally erase future accountability, and that presidential pardons are personal and limited. Blanche’s move would set a dangerous precedent, potentially allowing any administration to permanently shield statutes from enforcement and undermine the rule of law; the article urges rejecting this power grab and reinforcing constitutional limits on executive authority.

via Slate|
#constitutional-law#department-of-justice#donald-trump
Judge blocks Trump-era humanities grant cuts as unconstitutional
law3 months ago

Judge blocks Trump-era humanities grant cuts as unconstitutional

A federal judge in Manhattan ruled that the Trump administration’s cancellation of more than 1,400 National Endowment for the Humanities grants was unconstitutional, barred the Department of Government Efficiency from terminating the funding, and found that using AI to classify DEI-related projects amounted to unconstitutional viewpoint discrimination under the First and Fifth Amendments.

via NBC News|
#chatgpt#constitutional-law#dei
Courtroom Clash: Jackson and Kavanaugh Spar Over Emergency Orders Tied to Trump Agenda
politics5 months ago

Courtroom Clash: Jackson and Kavanaugh Spar Over Emergency Orders Tied to Trump Agenda

In a rare joint appearance, Supreme Court Justices Ketanji Brown Jackson and Brett Kavanaugh debated the court's use of emergency orders that let parts of President Trump's agenda advance, with Jackson criticizing what she called an uptick in early, policy-driven interventions and Kavanaugh cautioning about the complexity of such cases and the limits of lower-court rulings.

via PBS|
#constitutional-law#emergency-orders#judiciary
Experts dismiss plan to seize elections under a national emergency
politics5 months ago

Experts dismiss plan to seize elections under a national emergency

A Florida lawyer's memo arguing the president could use the National Emergencies Act and the International Emergency Economic Powers Act to declare a national emergency and seize U.S. elections was ridiculed by legal experts, who say IEEPA targets foreign threats and economic actions, not elections run by the states. The plan would not authorize seizing voting machines or mail ballots, conflicts with the Elections Clause, and rests on flawed readings of Youngstown, making it legally flawed and unconstitutional.

via Democracy Docket|
#constitutional-law#elections#emergency-powers