In its recent Moore v. Harper decision, the US Supreme Court rejected the so-called independent state legislature theory. That theory holds that state legislatures are insulated from the ordinary exercise of state judicial review under the Elections Clause. The Elections Clause specifically provides: The Times, Places and Manner of holding Elections for Senators and Representatives, [...]
Search Results for: William Rehnquist
Joe Biden has won states worth 306 Electoral College votes, 36 more than the 270 needed to win, and received in excess of 5 million more popular votes than Donald Trump. Yet Trump insists the election was stolen from him and he is the victor. Trump started attacking the election months before it happened. He [...]
Mt. Rushmore Is Too Small: A Walking Tour of Montgomery for My Students
This essay describes a walk not taken with my students. Here is a pdf version for anyone that might like to have a copy of this material for personal or educational use. The purpose of the walk was to show one thing: a big monument cannot fix a small person or a bad idea. This [...]
DOJ argues Congress may not compel testimony of former Trump counsel McGahn
The US Department of Justice (DOJ) released a memo Monday arguing that Congress may not constitutionally compel senior presidential advisors to testify about their official duties, referring to an April 22 subpoena of former Counsel to the President Donald McGahn to testify on matters regarding the report of Special Counsel Robert Mueller. The House Judiciary [...]
Judge Kavanaugh and the Public’s Health: Existing & Emerging Challenges
President Donald Trump’s recent nomination of Judge Brett M. Kavanaugh as Associate Justice to the U.S. Supreme Court from a list of potential candidates has ignited immediate support and criticism from conservatives and liberals respectively. An undergrad and law alum at Yale University, Judge Kavanaugh clerked for the departing Justice Anthony Kennedy, practiced law privately [...]
Travel Ban Challenges Present a Non-Reviewable Political Question
JURIST Guest Columnist Victor Williams discusses separation of powers between the Executive and Judicial branches, and how this relates to the travel restrictions imposed by Donald Trump... Among President Donald Trump's fundamental constitutional duties are implementing war strategy as Commander-in-Chief...
NLRB v. Noel Canning Presents a Non-Justiciable Political Question
Victor Williams, The Catholic University of America Columbus School of Law
The Supreme Court took up the issue of affirmative action in June 2003, when the high court decided the twin cases of Grutter v. Bollinger and Gratz v. Bollinger. Both cases involved the University of Michigan at Ann Arbor. The...
Supreme Court rules increase in mandatory minimum is question for jury
The US Supreme Court ruled 5-4 Monday in Alleyne v. United States that any fact that increases the mandatory minimum sentence is an "element" that must be submitted to the jury, overruling its...
Supreme Court hears arguments on mandatory sentences, speedy trial clause
The US Supreme Court heard oral arguments Monday in two cases . In Alleyne v. United States , the court heard arguments on whether to overturn Harris v. United States . Harris...