DOJ Brief: No Pretrial Detention for Inability to Pay Bond

The Obama administration filed a brief in an important case arguing that judges should not be able to order defendants held in jail pending trial merely because they are too poor to afford to pay a bond. The DOJ has been on a nice roll lately. … [Read more...]

Gaffney and Rios Fondly Reminisce About Joseph McCarthy

Professional Islamophobe Frank Gaffney and professional moron Sandy Rios spent some time fondly reminiscing about the good old days of Joseph McCarthy and the House Un-American Activities Committee, wishing they could send their political enemies in front of it today. … [Read more...]

Brian Kilmeade: Still an Idiot

Brian Kilmeade, who still holds the #2 spot on my list of the dumbest people on Fox News (behind Steve Doocy, of course), strengthens his hold on that spot with his attempted defense of Trump's anti-Muslim immigration policies by reference to the Alien and Sedition Acts. … [Read more...]

What Some Conservative Legal Scholars Think About Trump

Given rather unpopular nominees for the two major parties, both sides are arguing that the Supreme Court alone justifies a vote for their candidate. And that's mostly right. The balance of power on the court hangs in the balance. But some conservative legal scholars are speaking out against Trump anyway. … [Read more...]

Trump Clearly Does Not Understand the Bill of Rights

Donald Trump has once again reminded us that he would be a constitutional nightmare as president with his suggestion that he might try American citizens in military tribunals of the type we've tried, and failed, to use at Guantanamo Bay. … [Read more...]

Tom DeLay: Trump is a Liberal

Tom DeLay was on the Chris Matthews show on Monday after Donald Trump's big speech on his tax and economic plans and he declared that Trump is not a conservative. And then he said that Trump's idea for a child care tax credit is unconstitutional. Uh, why? … [Read more...]

AL Judicial Court Refuses to Dismiss Moore’s Ethics Charges

Last week a federal court dismissed Alabama Chief Justice Roy Moore's lawsuit over the ethics charges he's facing, and this week the Alabama Court of the Judiciary rejected his motion to dismiss those charges. That means he'll face a full trial on the charges starting in a few weeks. … [Read more...]

The Intentional Gutting of Trial by Jury

The New York Times has an article about the almost total loss of trial by jury for the overwhelming majority of criminal defendants. Around 95% of all criminal cases now result in plea bargains, a result of prosecutorial leverage and the intentional underfunding of our public defender systems. … [Read more...]

National Review Slams Trump’s Constitutional Views

Josh Blackman, writing in the National Review, looks at the many disturbing statements Donald Trump has made advocating policies that would undermine constitutional law, the separation of powers and, most importantly, the First Amendment. … [Read more...]

MO Governor Forced to Defend Indigent Clients After Budget Cuts

This is one of the coolest things I've ever seen a public official do. The governor of Missouri, Jay Nixon, has several times cut funding for the state's public defender system, so the head of that system has now appointed Nixon to represent a client, as he has the power to do under the law. … [Read more...]

Reluctant Loss for Obama Title XII Gender Theory

The Obama administration has taken the position that discrimination on the basis of sexual orientation is already forbidden by Title XII's prohibition on gender discrimination. That argument has won in some venues, but the 7th Circuit Court of Appeals just very reluctantly rejected it. From that ruling: … [Read more...]

Roy Moore Clone Runs for MS Supreme Court

Christian right attorney Steve Crampton, who used to work for Liberty Counsel, is now running for a spot on the Mississippi Supreme Court and is doing his best impersonation of Christian Reconstructionist Roy Moore from the Alabama Supreme Court. … [Read more...]