Author
Even if charged, convicted and incarcerated, Trump can still be president
The recent declaration by former President Trump that he is running for a second term coincides with the increasing likelihood that he will be charged, perhaps convicted, and even possibly incarcerated for one or more federal or state offenses. Could he still run for president again if any of those conditions occur? The answer is […]
Are judges ideological partisans, or impartial umpires?
Former President Trump has been uncharacteristically quiet about the various unfavorable judicial rulings in the Mar-a-Lago documents litigation. His unusual reticence conflicts with his penchant for attributing litigation setbacks to the partisan-connection of judges who preside over them. He’s referred to some as “Obama” judges, implying that their decisions are based on ideology and political […]
Recent federal 8th Circuit cases uphold qualified immunity, at expense of civil rights
The murder of George Floyd in Minneapolis on Memorial Day 2020 precipitated calls for reforms in law enforcement practices across the nation, including here in Minnesota. While a few minor measures were adopted, major legislation stalled at both federal and state levels, mainly due to Republican opposition. One of the changes called for by reformers […]
U.S. Supreme Court chipped away at Miranda, but it’s safe here in Minnesota, for now
In the waning days of the tumultuous 2021-22 term of the U.S. Supreme Court, a series of major rulings garnered an extraordinary amount of attention. They included abolishing the constitutional right to abortion; invalidating a New York firearms licensing law; stopping the Environmental Protection Agency from regulating greenhouse gas emissions; allowing a public high school […]
Where’s that Supreme Court leaker? Or are we just gonna nevermind that one?
To paraphrase an old saying: You can’t teach an old court new tricks. The modified aphorism refers to the U. S. Supreme Court and its search for the culprit(s) who leaked a draft of the tribunal’s anti-abortion opinion six weeks before it was officially promulgated. The justices responded with verbal aggression and extraordinary bellicosity in […]
As with Watergate, lawyers played a key role in Jan. 6 debacle
One of the most striking and disturbing parallels between the January 6th insurrection currently being investigated by the U.S. House of Representatives and Watergate, which recently commemorated its 50th anniversary, is the pivotal role of lawyers in those two monumental offenses. Although not all of the key malefactors during the Watergate affair were attorneys, most […]
High court could soon rule against hopes for sane gun control laws | Opinion
Against the backdrop of the latest mass shootings du jour at the supermarket in Buffalo, N.Y., and the elementary school in Uvalde, Texas, the U. S. Supreme Court is poised to issue a ruling that is very likely to constitute another assault on gun regulation. Although the Supreme Court has not yet issued its ruling […]
The Supreme Court shouldn’t be shrouded in secrecy | Opinion
The firestorm arising out of the recent leak of a draft of the Supreme Court opinion — purporting to eliminate constitutional abortion rights established 49 years ago in Roe v. Wade — has generated fury for different reasons from various quarters. But the consternation ought to serve another useful purpose: Highlighting the secrecy of how […]
As we celebrate Earth Day, the U.S. Supreme Court weakens the EPA | Opinion
Leave it to the conservative majority on the U. S. Supreme Court to ruin a celebration. This one is the commemoration of Earth Day on Friday, April 22, the 53rd anniversary of the day set aside to recognize environmental concerns and how to address them. The justices in the nation’s capital dealt a stunning blow […]
Russian gag law recalls Minnesota history | Essay
The Russian Federal Assembly enacted a measure in early March imposing punishment on journalists and others critical of official government policies and practices, including the invasion of Ukraine. Russian President Vladimir Putin pushed the so-called “anti-hooliganism” law through his puppet legislative body, criminalizing criticism of his policies or reporting about that dissent. Spurred by the […]
Pardon Me: The executive’s power to forgive | Analysis
There’s been a lot of talk lately about pardons, indulgence or forgiveness of criminal offenses by chief executive government authorities, at both the federal and the state levels. Former President Trump rekindled not-so-fond recollections of his extreme use of the pardon power for federal offenses — granted unconditionally to presidents in Article II, Section 2, […]
Supreme Court conservatives turned off textualism to toss out vaccine mandate | Opinion
Most analysts of the U.S. Supreme Court’s January 13 decision striking down the Biden administration’s vaccine mandate for employers with 100 or more employees — while upholding it for health care workers at facilities receiving federal funds — have focused on the factual analysis and legal reasoning of the six conservative justices that comprise a […]