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Category Archives: Courts

Burgeoning Workloads for Immigration Judges Inbox x

“The hiring pace for new judges continues to be insufficient to keep up with the Immigration Court’s workload. As a result, the court’s backlog continues to climb – up 65 percent since President Trump assumed office. A total of only 424 judges face a backlog of 892,517 cases on the courts’ active dockets as of… Continue Reading

PBS Frontline – Supreme Revenge

Season 37: Episode 14 – “Inside the no-holds-barred war for control of the Supreme Court. From Brett Kavanaugh to Robert Bork, an investigation of how a 30-year-old grievance transformed the court and turned confirmations into bitter, partisan conflicts.” See also Law.com [subscription req’d] – New Documentary Examines Supreme Court Confirmations From Bork to Kavanaugh. “The… Continue Reading

May Federal Prosecutors Take Direction From the President?

Bruce A. Green and Rebecca Roiphe, May Federal Prosecutors Take Direction From the President?, 87 Fordham L. Rev. 1817 (2019). [h/t Mary Whisner] “Suppose the president sought to serve as prosecutor-in-chief, telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals… Continue Reading

The Lack of Diversity on the Magistrate Judge Bench

Jennifer L. Thurston, Black Robes, White Judges: The Lack of Diversity on the Magistrate Judge Bench, 82 Law and Contemporary Problems 63-102 (2019) [h/t Mary Whisner] “…From 2009 to 2016, females on the district court bench increased 13.2%, from 19.4% to 32.6%, and non-white district judges increased 10.6%, from 16.4% to 27.0%.24 During this same… Continue Reading

US District Judge in DC rules Congress may subpoena records from Trump accounting firm

BuzzFeedNews: ” A federal judge in Washington, DC, on Monday rejected President Donald Trump’s efforts to block a subpoena issued by House Democrats to his longtime accounting firm. US District Judge Amit Mehta wrote in a 41-page opinion that the House Oversight Committee had presented “facially valid legislative purposes” in subpoenaing Mazars LLP for financial… Continue Reading

Trump’s Lawyers Argue Congress Has Little Power To Investigate A Sitting President’s Personal Affairs

BuzzFeedNews – “As President Donald Trump fights investigations by the Democrat-controlled House on multiple fronts, a court hearing Tuesday highlighted his strategy to fend off inquiries into his personal business affairs. Trump so far is challenging congressional subpoenas for financial records — both personal and from the Trump Organization — in federal courts in Washington,… Continue Reading

Accused of ‘Terrorism’ for Putting Legal Materials Online

The New York Times – “Carl Malamud believes in open access to government records, and he has spent more than a decade putting them online. You might think states would welcome the help. But when Mr. Malamud’s group posted the Official Code of Georgia Annotated, the state sued for copyright infringement. Providing public access to… Continue Reading

Terrorism, Violent Extremism, and the Internet: Free Speech Considerations

EveryCRSReport.com – Terrorism, Violent Extremism, and the Internet: Free Speech Considerations, May 6, 2019 R45713: “Recent acts of terrorism and hate crimes have prompted a renewed focus on the possible links between internet content and offline violence. While some have focused on the role that social media companies play in moderating user-generated content, others have called… Continue Reading

Congress’s Contempt Power and the Enforcement of Congressional Subpoenas

CRS report – Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure Todd Garvey Legislative Attorney, May 12, 2017. “Congress’s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish… Continue Reading

John Paul Stevens looks back on nearly a century of life and law but worries about the future

Washington Post – “John Paul Stevens spent more than a third of his near-century on Earth at the Supreme Court, where he often was on a different page from a majority of his fellow justices. “It happens so often that you have to get used to losing,” Stevens, 99, said during an interview this last… Continue Reading

CRS – Impeachment and Removal

CRS report – Impeachment and Removal, Jared P. Cole, Legislative Attorney; Todd Garvey, Legislative Attorney. October 29, 2015. “The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places… Continue Reading