The President only has two enumerated constitutional duties, to be the Chief Executive of the Executive Branch and be Commander in Chief of the Armed forces during time of war. That is it. His oath in Article II of the Constitution requires him to protect and defend that Constitution. Additionally, he is constitutionally bound to [...]
The cornerstone of military justice is ensuring that commanders at all levels, called convening authorities, do not influence the lawful carrying out of investigations and prosecutions of service members who violate the Uniform Code of Military Justice (UCMJ). Developed through customs of the service over two centuries and codified by Congress in the early 1950’s, [...]
“What does not benefit the entire hive is no benefit to the bee.” Marcus Aurelius, Meditations Back at the World War I Armistice Day ceremonies in France in 2018, Emmanuel Macron ventured a well-reasoned condemnation of Donald Trump’s belligerent nationalism. By describing the American president’s rancorous sentiments as a “betrayal of patriotism,” the French president [...]
Since its enactment in 2010, the Affordable Care Act (ACA) has provided meaningful coverage for millions of Americans, reformed the national health insurance and health care delivery infrastructure, and assured basic public health services through core funding. Enforcing the ACA has also entailed a multitude of political and legal challenges including (1) dozens of failed [...]
In a referendum held on Friday, October 26, 2018, the people of Ireland voted to amend the Irish Constitution to remove the word blasphemy from Article 40.6.1, which declared that “he publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.” This constitutional amendment enables [...]
On November 8, the US Court of Appeals for the Ninth Circuit became the first appellate court to enter one of the most high-profile legal fights against the Trump Administration. In lead and concurring opinions running 99 pages, three appellate judges in Regents of the University of California v. U.S. Department of Homeland Security affirmed [...]
After the midterm elections, it is worth considering how we might change our founding document, the U.S constitution, and update it so that it reflects the times we live in. One glaring example of a needed update is the Electoral College. Actually, I should say “eliminate” instead of “update”. Specifically, Article II, Section 1, Clause [...]
Why was there so little support for Chief Justice Roberts in his exchange with President Trump? After the President attacked a recent decision by Federal District Judge Jon Tigar as having been rendered by an “Obama Judge,” Roberts responded to an inquiry by the AP with a short, but clear rebuke: We do not have [...]
Consumers rely on listed prices being accurate. Imagine walking into your favorite store, bringing your desired item to the counter, and being told that the price you had to pay had little relation to the listed price. Remarkable as it is, this is commonplace in the pharmaceutical industry. Minnesota Attorney General Lori Swanson recently filed [...]
In the recent voting, Massachusetts heartily defeated a referendum that would have rolled back state transgender protections. In 2004, Massachusetts was the first state to recognize marriage equality. Subsequently, the Commonwealth enacted legislation to advance protections for members of the LGBTQ community. In 2011, Massachusetts passed legislation protecting those who identify as non-straight from discrimination [...]
