ChrisWeigant.com

Archive of Articles in the "The Supreme Court" Category

Trump Punts On Abortion

[ Posted Monday, April 8th, 2024 – 16:22 UTC ]

Last week, Donald Trump promised he'd be making a statement "next week" which would lay out his position on abortion laws. Astoundingly, he actually followed through today by releasing a video on his pet social media network. I say "astoundingly" because Trump has promised to unveil new policies "next week" throughout his entire political career, but he seldom (if ever) actually does so. As Little Orphan Annie might say, "next week" is always conveniently a week away, for Trump.

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Friday Talking Points -- Shake, Rattle, And Roll

[ Posted Friday, April 5th, 2024 – 17:56 UTC ]

Living in California means not being generally surprised by earthquakes, but we realize that this is simply not so in New York City and the Northeast in general. So when a 4.8 temblor hit New Jersey, we certainly could sympathize. However, it seems East Coast tectonic zones have a certain personality trait that goes (we can't resist) right down to the bedrock? Here was the tweet that the "USGS Earthquakes" account put out this morning:

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The Comstock Act Needs To Go

[ Posted Tuesday, April 2nd, 2024 – 16:18 UTC ]

Up until the advent of Donald Trump in American politics, there had been a pervasive attitude among many politicians that there were certain norms and traditions that had been established and long-followed, so there was no need to codify any of them into actual laws. One of these was the belief among Democrats that Roe v. Wade was settled law and that as time went on it had become increasingly impossible to even consider that it would ever be overturned. The judiciary had staked out certain rights, so there was no need for Congress to enact the same rights -- doing so would actually be redundant.

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Abortion Will Need A Supermajority In Florida

[ Posted Monday, April 1st, 2024 – 15:18 UTC ]

The Florida supreme court just sent a very mixed message on abortion rights. In two decisions released today, the high court will allow a very strict abortion ban to take effect, but they also decided to allow an abortion-rights ballot initiative (which would enshrine the right to an abortion in the state's constitution) to appear on this November's ballot. Conservatives in the state government had been hoping that the ballot measure would just get tossed out, but the court allowed it to go forward. As I said, this was a very mixed message from the court.

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Friday Talking Points -- Old Man Misinformates

[ Posted Friday, March 29th, 2024 – 17:58 UTC ]

From the "stop me if you've heard this one" file, we suppose: An old man is running for president who is saying increasingly bizarre things... except that you might not know about it because the mainstream media only goes into a frenzy of breathless reporting when his opponent misspeaks.

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Big Lie Pricetag Nearing $1 Billion

[ Posted Wednesday, March 27th, 2024 – 15:51 UTC ]

The pricetag of spreading Donald Trump's "Big Lie" -- that there were various forms of massive fraud committed in the 2020 presidential election -- is about to grow, once again. At this point it is impossible to predict exactly what the next legal cost will be, but it could easily send the total amount the Big Lie perpetrators have paid (or have been ordered to pay) north of one billion dollars. And this could still be just the beginning -- by the time the counting is fully done, this could jump to multiple billions in legal damages assessed against various bad actors.

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Springtime Is Near For New Jersey Politics

[ Posted Tuesday, March 26th, 2024 – 15:56 UTC ]

In much the same way that odious manure previously spread over the ground can give rise to the sweetest-smelling flowers in the spring, New Jersey politics seem to be going through a period of rebirth or re-emergence into the light of a new spring day (perhaps appropriate for "The Garden State," no?). The sleazy scandal which has (so far) successfully brought down Senator Robert Menendez -- complete with 24-karat gold bars seized by the feds -- has tangentially morphed into an attack on the state's "machine politics," and it could all wind up with major reforms in the way local political leaders currently hand-pick their favorite candidates. This is long overdue and although it comes from an unexpected direction (a major scandal not directly related to the reform itself), it should be welcome news for voters in New Jersey -- and anyone else who supports the concept of fairness in politics.

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Friday Talking Points -- M.T.G. Threatens An M.T.V.

[ Posted Friday, March 22nd, 2024 – 18:18 UTC ]

For once, big things are actually happening in Congress. No, really!

As we write this, the House has passed the final budget bill for this fiscal year (by a vote of 286-134) and sent it over to the Senate. The Senate may pass it tonight, if senators like Rand Paul can restrain their natural urge to be total [insert favorite plural derogatory expletive here]. If they do throw a monkey wrench into the works, we could have a very short-lived partial government shutdown, but if it gets resolved before the weekend is over then it won't do much damage at all. Either way, the bill's got the votes to pass the Senate, so it's now only a matter of time until President Joe Biden can sign it and the budget that was supposed to be in place on the first of October last year will finally be finished.

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Friday Talking Points -- R.N.C. Purge

[ Posted Friday, March 15th, 2024 – 17:29 UTC ]

This week President Joe Biden and Donald Trump both secured their respective parties' 2024 presidential nominations. Most Americans, if the pollsters can be believed (and they do all seem to be telling the same story), are not exactly thrilled with this rematch and would have preferred different choices. But we are where we are, so that's not going to happen for another four years.

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Judge-Shopping Could Get Harder Soon

[ Posted Thursday, March 14th, 2024 – 16:15 UTC ]

There is an effort underway to reform the federal judiciary in one particular aspect -- but it will not completely end the practice which spurred the reform, and already Republicans in Congress are pushing back by declaring that new laws must be passed instead of just a new rule from the judiciary. This isn't too surprising, since conservatives have had much better luck using the tactic to achieve the outcomes they desire in federal courts.

The practice is known as: "forum-shopping," or even more colloquially: "judge-shopping." If an organization wants to attack a law or policy in an attempt to get it declared unconstitutional and overturned, they seek out a plaintiff who happens to live in a judicial division that all but guarantees they'll get a very friendly federal judge to hear their case. This can lead to injunctions being handed down that affect not only the people in that district, but in the entire state or even the entire country. Rather than taking their chances with some random judge, one is pre-selected before filing the suit -- a judge who can be counted on to rule for their side.

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