Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Friday, July 24, 2026

Hockey Sticks

Effective tariff rates are going to change on Friday for the 45th time in the last 18 months -- an average of once every 12 days.  Rates will ratchet up yet again next month if President Trump's recently announced 50 percent levy on some Canadian goods goes into effect.

That includes hockey sticks, a product that serves as both a symbol of Canada and possibly a visual of what'll happen to prices, too.

-- Natasha Sarin, Opinion contributor and Yale Law School professor, New York Times, "Trump's Tariff Runaround Defies the Courts and Common Sense" (23 July 2026)

Tuesday, July 21, 2026

A Very Bad Dynamic

But I think where we've gotten so upside down with ICE is that the ICE folks are the hunters.  They're the people who are hunting in communities.  But they feel themselves to be the hunted.  They feel themselves that they are the ones who should be in fear, because they're ill-trained, because they're in communities where they're not welcome, because they are doing something which the people around them are scared of and don't like and because they feel themselves to be the hunted.  And I'm sure if you looked at ICE agents' cortisol levels, they're super high. I'm sure they are filled with fear and they're acting like people who are filled with fear, even though they're the ones who are causing all the fear.  And it's a very bad dynamic.

-- David Plotz, host of Slate's Political Gabfest podcast, on the show's 16 July 2026 episode "The 'I'm His Lawyer' Edition"

Thursday, July 02, 2026

Community Of Values

[W]e are uniquely a community of values, as distinct from a religious community, a racial community, a geographic community, or an ethnic community.  This Nation was founded 200 years ago, not on ancient legends or conquests or physical likeness or language, but on a certain political value which Jefferson's pen so eloquently expressed.  To be an American is to subscribe to those principles which the Declaration of Independence proclaims and the Constitution protects -- the political values of self-government, liberty and justice, equal rights, and equal opportunity.  These beliefs are the secrets of America's unity from diversity -- in my judgment the most magnificent achievement of our 200 years as a nation.

-- Gerald R. Ford (1913 - 2006), 38th president of the United States, remarks at Naturalization Ceremonies at Monticello, Virginia (5 July 1976)

Wednesday, July 01, 2026

Safe For The Summer

[O]nly Supreme Court Justices and schoolchildren are expected to and do take the entire summer off. ...  [With] the adjournment of the Court in July, we know that the Constitution is safe for the summer.

-- Now-Chief Justice of the Supreme Court John Roberts, writing as a lawyer in the Reagan White House (19 April 1983)

Tuesday, June 30, 2026

Birthright Citizen

At issue in this case is whether the Constitution guarantees citizenship to children born of parents unlawfully or temporarily present in the United States. 

The Fourteenth Amendment provides:

"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Citizenship, then and now, was the right to have rights -- to freely participate in our political community.  The Framers of the Fourteenth Amendment extended that promise to "every free-born person in this land."  We keep that promise today.

The judgment of the District Court for the District of New Hampshire is affirmed.

It is so ordered.

-- Supreme Court Chief Justice John Roberts, writing for the majority in Trump v Barbara, in which the court upheld the plain text of the 14th Amendment, and the concept of birthright citizenship (30 June 2026)

Friday, June 12, 2026

Unwillingness

I see self-destruction now on a grand scale.  That is, the unwillingness to pay for the things society needs.  That's the most basic kind of self-destruction. That we're not prepared to pay for schools, we're not prepared to pay for highways.  That is self-destruction.  What are we doing to ourselves?  It is nuts.

-- Charles Alan Reich (1928 - 2019), American legal and social scholar, and Professor at Yale Law School, "The Greening of America turns 40 : Q&A: Charles Reich", by Daniel Schwartz, CBC News (23 September 2010)

Wednesday, June 03, 2026

War Powers Resolution

CONCURRENT RESOLUTION

Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran.

Resolved by the House of Representatives (the Senate concurring), That, pursuant to section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)), Congress directs the President to remove United States Armed Forces from hostilities against the Islamic Republic of Iran, other than those elements of the Armed Forces that may be necessary to defend the United States or an ally or partner of the United States from imminent attack provided that the President complies fully with the requirements of section 5(b) the War Powers Resolution (50 U.S.C. 1544(b)) with respect to any such use of the Armed Forces, unless explicitly authorized by a declaration of war or a specific congressional authorization for use of military force against Iran.

-- Text of House Concurrent Resolution 86 of the 119th Congress, as passed by the House of Representatives, 3 June 2026

Wednesday, May 27, 2026

Stupid On Stilts

I think it's stupid on stilts.  Because it will invariably put us in a position where your taxpayer dollars and my taxpayer dollars could potentially compensate someone who assaulted a police officer, admitted their guilt, got convicted, got pardoned, and now we're going to pay them for that?  That's absurd.  The American people are going to reject this out of hand.

-- Senator Thom Tillis (R-NC), reacting to President Trump's demand for a $1.776 Billion "Anti-weaponization" fund, via Spectrum News (21 May 2026)

Friday, May 22, 2026

Retaliatory Taint

"[A] prosecutor's exercise of coercive power must be impartial ..., evenhanded ..., [and] applied without favoritism or bias ...." Zakhari.  Then-Attorney General Robert H. Jackson cautioned that when "the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that [is] the greatest danger of abuse of prosecuting power ...."  Robert H. Jackson.  The evidence before this Court sadly reflects an abuse of prosecuting power.  

The Court does not reach its conclusion lightly.  The objective evidence here shows that, absent Abrego's successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution.  The Executive Branch closed its investigation on the November 2022 traffic stop.  Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation.  What the Government labels as "new evidence" was not new as a matter of law.  The prosecutor's subjective good faith does not cure the retaliatory taint.  Absent Blanche's tainted investigation, Agent Saoud would not have called McGuire, Singh would not have brought him into the fold, and McGuire would not have sought an indictment against Abrego.  The indictment then provided the Executive Branch cover to comply with Judge Xinis' order to facilitate Abrego's return to the United States as soon as possible.

Abrego's motion to dismiss the indictment must be granted.

-- Waverly D. Crenshaw, Jr, US District Judge for the Middle District Of Tennessee, ruling in United States v Kilmar Armando Abrego Garcia that the case is fatally tainted by vindictive bias (22 May 2026)

Wednesday, May 13, 2026

No Occupation

"You're a gentleman," they used to say to him.  "You shouldn't have gone murdering people with a hatchet; that's no occupation for a gentleman."

-- Fyodor Mikhailovich Dostoyevsky (1821 - 1881), Russian novelist, short story writer, essayist, journalist, and philosopher, Crime and Punishment (1866)

Wednesday, April 29, 2026

They're Back

Well, they're back.  This time about a picture of seashells on a North Carolina Beach a year ago, and this won't be the end of it.  But nothing has changed with me.  I'm still innocent,  I'm still not afraid, and I still believe in the independent federal judiciary.  So let's go. 

But it's really important that all of us remember this is not who we are as a country.  This is not how the Department of Justice is supposed to be.  And the good news is we get closer every day to restoring those values.  Keep the faith.

-- Former government person James Comey, in a video posted to his Substack responding to a felony indictment alleging that Comey did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States, based upon a 2025 social media post of an image of seashells (28 April 2026)

Thursday, April 23, 2026

Efficacy

A report showing the efficacy of the covid-19 vaccine that was previously delayed by the head of the Centers for Disease Control and Prevention has been blocked from being published in the agency's flagship scientific journal, according to three people familiar with the decision who spoke on the condition of anonymity for fear of retaliation.  The report showed that the vaccine reduced emergency department visits and hospitalizations among healthy adults by about half this past winter.

The report, which had cleared the agency's scientific-review process, had been delayed.  It now won't be published at all, people familiar with the decision told The Post.

-- Lena H. Sun, writing for the Washington Post, "CDC won't publish report showing covid shots cut likelihood of hospital visits" (22 April 2026)

Monday, April 20, 2026

Unserious Leaders

Unserious leaders are unsafe.  There is nothing more serious than our leaders’ dedication to the rule of law so that we might maintain the integrity of our constitutional democracy.  This case highlights a leader’s unserious regard for the rule of law.  This case demonstrates how disregard for the rule of law does not merely result in an abstract infraction.  Rather, and tragically, this case is one of a long list of examples of how a leader’s wanton disregard for the rule of law causes very real harm to very real people.

This Court can and does judge the lawfulness of the process (or lack thereof) by which any policy choice might be made.  Here, the Secretary of Health and Human Services, Robert F. Kennedy, Jr., unlawfully issued a declaration threatening to cut federal funding to medical providers who provided gender-affirming care to minors.  If such a declaration could have been enacted lawfully, there might have been ample time and opportunity for medical providers, families, and children -- all people and institutions of our great nation -- to seek out other alternatives and options.  Secretary Kennedy’s utter failure to promulgate rules in accordance with statutory authority, but instead threaten to cease federal funding to medical providers almost immediately after the declaration, caused chaos and terror for all those people and institutions of our great nation.  Secretary Kennedy’s unlawful declaration harmed children.  This case illustrates that when a leader acts without authority and in the absence of the rule of law, he acts with cruelty.

-- US District Judge Mustafa T. Kasubhai (he/him), ruling against limitations on gender affirming care in Oregon v Secretary of Health and Human Services Robert F. Kennedy, Jr (18 April 2026)

Tuesday, April 07, 2026

A Thin Red Line

There's only a thin red line between the sane and the mad.

-- James Jones (1921 - 1977), American author, The Thin Red Line (1962) "Old midwestern saying" created by Jones for his story, as stated in James Jones: An American Literary Orientalist Master (1998) by Steven R. Carter

Tuesday, March 24, 2026

RIP Robert Mueller

You really don't think about it as you go through it; you just try to do the right thing at the right time.

-- Robert Swan Mueller III (7 August 1944 - 20 March 2026), American attorney who served as the 6th Director of the Federal Bureau of Investigation from 2001 to 2013 and in 2017 as Special Counsel investigating Russian interference in the 2016 US elections and related matters, interview with Aaron Harber (2015)

Monday, March 23, 2026

Goodhart's Law

When a measure becomes a target, it ceases to be a good measure.

-- Goodhart's law, named for Charles Albert Eric Goodhart, CBE, FBA (born 23 October 1936), British economist, originally (1975) expressed as "Any observed statistical regularity will tend to collapse once pressure is placed upon it for control purposes."

Tuesday, March 10, 2026

Qualms

To be capable of embarrassment is the beginning of moral consciousness.  Honor grows from qualms.

-- John Leonard (1939 - 2008), American literary, TV, film and cultural critic, Private Lives in the Imperial City (1979) "On Being Embarrassed" (p. 140)

Thursday, March 05, 2026

Your Marionette

Imagine you were Vladimir Putin or Xi Jinping and you woke up a year ago having magically been given command of puppet strings that control the White House.  Your explicit geopolitical goal is to undermine trust in the United States on the world stage.  You want to destroy the Western rules-based order that has preserved peace and security for 80 years, which allowed the US to triumph as an economic superpower and beacon of hope and innovation for the world.  What exactly would you do differently with your marionette other than enact the ever more reckless agenda that Donald Trump has pursued since he became president last year?

-- Garrett M. Graff (born 1981), American journalist and author, "We Are Witnessing the Self-Immolation of a Superpower" at wired.com (22 January 2026)

Thursday, February 26, 2026

In Good Conscience

Anthropic understands that the Department of War, not private companies, makes military decisions.  We have never raised objections to particular military operations nor attempted to limit use of our technology in an ad hoc manner.

However, in a narrow set of cases, we believe AI can undermine, rather than defend, democratic values.  Some uses are also simply outside the bounds of what today's technology can safely and reliably do.  Two such use cases have never been included in our contracts with the Department of War, and we believe they should not be included now:

* Mass domestic surveillance. 
* Fully autonomous weapons.

To our knowledge, these two exceptions have not been a barrier to accelerating the adoption and use of our models within our armed forces to date.

The Department of War has stated they will only contract with AI companies who accede to "any lawful use" and remove safeguards in the cases mentioned above.  They have threatened to remove us from their systems if we maintain these safeguards; they have also threatened to designate us a "supply chain risk" -- a label reserved for US adversaries, never before applied to an American company -- and to invoke the Defense Production Act to force the safeguards' removal.  These latter two threats are inherently contradictory: one labels us a security risk; the other labels Claude as essential to national security.

Regardless, these threats do not change our position: we cannot in good conscience accede to their request.

-- Dario Amodei, CEO of Anthropic, maker of the Claude AI, "Statement from Dario Amodei on our discussions with the Department of War" (26 February 2026)

Monday, February 23, 2026

If We Don't Believe

If we don't believe in free expression for people we despise, we don't believe in it at all.

-- Noam Chomsky (7 December 1928 -), American linguist, cognitive scientist, political analyst, and human rights activist, interview by John Pilger on The Late Show BBC Television (25 November 1992)