New York Law Journal | Analysis
By Christopher Dunn | February 3, 2021
In his Civil Rights and Civil Liberties column, Christopher Dunn reviews the most common ways to attack federal executive action and the Supreme Court's rulings—all authored by Chief Justice Roberts—in challenges to three of the most consequential Trump Administration executive actions.
Daily Report Online | Commentary
By Mike Kenny | February 2, 2021
The process itself, ordained by the Constitution Trump swore an oath to protect, will be cathartic and show once again that political process grounded firmly with fidelity to the Constitution is, to borrow from Lincoln's message to Congress before signing the Emancipation Proclamation, our "last best hope."
By Jim Saunders and Dara Kam | February 2, 2021
The settlement calls for 31 counties to provide Spanish-language ballots and vote-by-mail applications, translations of elections websites and access to Spanish-language hotlines for voter assistance.
New York Law Journal | Commentary
By William Josephson | February 2, 2021
On Dec. 4, 2020, New York Assembly members introduced A.11151. It was referred to the Committee on Election Law. This is not a "good bill." It would award one elector vote to the plurality winner of the popular vote for President and Vice President in each New York congressional district.
The Legal Intelligencer | Commentary
By Howard J. Bashman | February 1, 2021
Thanks to a proposed amendment to Pennsylvania's Constitution that may soon be appearing as a ballot question at a polling place near you, voters may have the ability to approve a system in which the state is divided into discrete appellate court election districts so that each voter can only vote to elect a single Pennsylvania Supreme Court, Superior Court and Commonwealth Court judge.
New York Law Journal | Commentary
By Bruce A. Green and Rebecca Roiphe | January 28, 2021
Amid the events surrounding President's Trump efforts to use the Justice Department and the courts to overturn the election of Joe Biden, there were some standout lawyers and judges who held up under pressure and put the law and their professional obligation first.
The Legal Intelligencer | News
By Max Mitchell | January 26, 2021
Smukler had pointed to case law that applied a heightened definition of "willfully" when it comes to complex areas of the law, in arguing that federal prosecutors needed to prove that he both knew the law and that he intended to violate that law.
By Mike Scarcella | C. Ryan Barber | January 24, 2021
Jeffrey Clark, then acting head of the DOJ civil division and a former Kirkland & Ellis partner, denied he participated in any effort to remove Jeffrey Rosen, then the acting U.S. attorney general. "All my official communications were consistent with the law," Clark said, according to a New York Times report.
The Legal Intelligencer | News
By Mike Scarcella | C. Ryan Barber | January 24, 2021
Jeffrey Clark, then acting head of the DOJ civil division and a former Kirkland & Ellis partner, denied he participated in any effort to remove Jeffrey Rosen, then the acting U.S. attorney general. "All my official communications were consistent with the law," Clark said, according to a New York Times report.
By Jonathan Ringel | January 22, 2021
One lawyer hinted at Calhoun's behavior changing, saying he "has been increasingly concerned about censorship, and gun rights, but these views have always been based on genuine concerns about the First and Second Amendments of the U.S. Constitution."
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