Court Rules for Plaintiff in Case Involving Religious Criteria in Hiring

You may remember the story of a candidate for a county constable position being asked his views on gay marriage, abortion and religion during the interview process, a rather blatant violation of the law. A federal judge has ruled in that man's favor and issued a permanent injunction against such practices. … [Read more...]

Priebus’ Weak Defense of Trump’s Voter Fraud Lie

Reince Priebus, like everyone who works for Donald Trump, is continually forced to defend the stupid, horrifying or dishonest things he says. He was asked about Trump's ridiculous claim about 3 million illegal voters, but you could tell his heart wasn't into it. This is the best he could muster: … [Read more...]

7th Circuit Considers Obama’s Gender Discrimination Position

For the last few years, the EEOC under President Obama has taken the position that discrimination on the basis of sexual orientation is already illegal under the Civil Rights Act because it constitutes gender or sex discrimination, which is already forbidden. The 7th Circuit Court of Appeals is now hearing a case that tests that position and Mark Joseph Stern has a fascinating report on the hearings. … [Read more...]

David Clarke is Constitutionally Clueless

David Clarke, the ridiculous cowboy hat-wearing sheriff of Milwaukee County who is one of Trump's potential picks to run the Department of Homeland Security, has some rather bizarre and extremist views that show he is constitutionally clueless. … [Read more...]

Trump Wants to Burn the Constitution

Of all the forms of political pandering, the most irritating to me is when politicians start going on about flag burning. And I'm certainly not the least bit surprised to see Donald Trump say that anyone who does that should either lose their citizenship or spend a year in jail. … [Read more...]

Appeals Court Rejects Suit on Religious Displays in School Classroom

Apparently learning nothing from the case of John Freshwater in Ohio, a teacher in upstate New York filed a suit after being told she can't put up displays of Bible verses and other religious proselytizing in her classroom. The 2nd Circuit Court of Appeals has now upheld the lower court dismissal of the case. … [Read more...]

Huge Ruling on Gerrymandering in Wisconsin

A federal district court in Wisconsin has ruled that the redistricting maps drawn after 2010 in Wisconsin are so blatantly designed for partisan advantage that they are unconstitutional. This case will very likely end up at the Supreme Court in a year or two. … [Read more...]

Trump CIA Nominee Enthusiastically Pro-torture and Mass Surveillance

Rep. Mike Pompeo, Donald Trump's nominee to be CIA director, has some unsurprisingly disturbing views on two key issues, torture and mass surveillance. In short, he's an enthusiastic fan of both of those constitutionally and statutorily dubious practices. … [Read more...]

Can Trump Get Roe v Wade Overturned?

538 has an article by Amelia Thomson-DeVeaux arguing that it's unlikely that Donald Trump will be able to get Roe v Wade overturned. I partly agree with her, for reasons I will explain after presenting her argument for that conclusion: … [Read more...]

Higbie Justifies Muslim Registry With Japanese Internment Camps

Trump supporter Carl Higbie went on Fox News for an interview with Megyn Kelly and defended the creation of a registry for all Muslims. He justified it by saying that we'd done similar things before, including the Japanese internment camps during WWII, one of the darkest stains on our history. … [Read more...]

ACLU Calls Trump a ‘One Man Constitutional Crisis’

The ACLU has put out a report on the constitutional implications of a Donald Trump presidency, based on his policy statements and public speeches. It's not good. Freedom of the press would be dead in the water if he had his chance, among many other important protections. You can read the full report here. … [Read more...]

What a Majority Liberal Supreme Court Could Do

Dylan Matthews at Vox has a very long article looking at what could happen if Hillary Clinton is elected and we get a Supreme Court that, for the first time in decades, has a liberal majority in control. The effect could be massive and far-reaching. … [Read more...]