A Post-Roe America Is A Better America

While Democrats wanted to fight over whether men can get pregnant in today’s Senate Judiciary Committee hearing, “A Post-Roe America: The Legal Consequences of the Dobbs Decision,” Republicans focused on the importance of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and how it restores the democratic process.

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The DOJ Stands Ready to Tilt the Electoral Scales in the Administration's Favor

With the Midterm Elections only a few months away, the nation's attention is starting to focus on the Department of Justice (DOJ) and what role the DOJ might play in this election to help Democrats.  Just over a year ago, Attorney General Merrick Garland announced his intention to double the number of lawyers working in the Voting Section of the DOJ's Civil Rights Division, which is charged with enforcing voting laws.  With a couple of well-publicized exceptions (e.g., Georgia, Texas, and Arizona), so far the DOJ has been relatively quiet.  Is this the calm before the storm?

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Senator Dan Sullivan Pushes Back Against Biden

It is no secret that the Biden Administration has made it increasingly difficult for American energy.  Gas prices are at an all-time high, yet the President continues to instigate further turmoil for Americans.  Back in March, the New York Post highlighted the Administration’s flawed energy policies and how they’re hurting Americans, stating:

If President Joe Biden came out forcefully on the side of increasing US oil production, the price of a barrel could fall quickly.

Senator Dan Sullivan of Alaska has been on the frontlines defending American energy independence, consistently urging the President to reform his administration’s policies: 

The Department of the Interior… announced that they were taking half of the National Petroleum Reserve set aside by Congress for oil and gas drilling in my state off the table… that is not focused on increasing supply.

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Radical Liberals' Efforts to Intimidate Lawyers Will Not Succeed

They went after Paul Clement for winning a Supreme Court case.  The left has gone after the families of Supreme Court Justices and today the left went after Republican lawyers for representing their clients.  RNLA released the following statement:

The latest attacks on lawyers by The 65 Project are part of a broader effort to intimidate lawyers and law firms to prevent them from serving Republican, conservative, and libertarian clients.  Liberals in the legal profession even recently forced premier Supreme Court advocate Paul Clement to choose between loyalty to his client, as required by the ethical rules of every jurisdiction, and continued employment at his law firm; he chose loyalty to his client.  But such a choice should not be required.  Lawyers have a duty to uphold the high ethical and moral standards of the legal profession and ensure that everyone receives zealous representation, from Guantanamo Bay detainees to pro-life advocacy organizations and everyone in between.   This disturbing pattern of intimidation by liberal activists and their sympathizers must stop. 

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DOJ Shows True Colors in Non-Citizen Voting Case

Non-citizens should not vote in American elections.  Period.  Even a child can quickly understand why this is such a necessary principle for maintaining free and fair elections.  Yet Biden’s Department of Justice (DOJ) seems to think otherwise. 

Yesterday, the DOJ Civil Rights Division filed a lawsuit against Arizona for passing H.B. 2492, a commonsense bill that requires proof of citizenship for registering to vote.  And as the Biden border crisis rages on, the DOJ’s true colors are beginning to shine through.

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Momentous Term for Supreme Court

In what many believe to be the most momentous term in decades, the Supreme Court delivered a multitude of wins for originalism. This term's historic decisions should come with a great sense of pride for Justice Clarence Thomas. After years of fighting an uphill battle, Justice Thomas finally has enough support from other Justices on the Court to be in the majority. 

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SCOTUS to EPA: You Are Not Above the Law

In perhaps the most significant check on agency power in recent history, the U.S. Supreme Court handed down a 6-3 opinion today in West Virginia v. Environmental Protection Agency, holding that Congress did not implicitly grant the Environmental Protection Agency broad authority to devise stringent emissions caps under the Clean Air Act.

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Big Law's Tantrum at its Lawyers' Success

Last week, former Solicitor General under the Bush Administration Paul Clement and Erin Murphy, his long-time colleague from the Solicitor General's office and in private practice, achieved perhaps the most significant victory at the Supreme Court under the Second Amendment in recent history.  The two successfully convinced the Supreme Court in New York State Rifle & Pistol Association v. Bruen to strike down New York's requirement that individuals must show "proper cause" before being able to obtain a concealed carry weapons permit. 

Yet after Clement and Murphy won at the Supreme Court in this historic decision, the two almost immediately resigned from Kirkland and Ellis, LLP, the world's top law firm in which both were partners.  While this may come as a surprise, strife between Kirkland and Ellis and the dynamic duo shows this decision was inevitable

In his resignation letter, Clement explained that the firm told him and Murphy that they needed to either drop out of existing representation of gun litigation clients or leave the firm. Clement and Murphy considered it wrong to drop their clients just because some of the legal establishment did not like the clients. In turn, the two [] resigned and announced they will start their own firm.

 

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The Good, the Bad, and the Ugly: This Week in Election Law

The past week has been a good week for both Republicans and open, fair, and honest elections.  It has also been a downright bad and ugly week for the Democrat Party’s consigliere, Marc Elias.  

First, the good: Yesterday, a New York Supreme Court Judge ruled that (like virtually everywhere else in the world) you have to be a citizen to vote in New York City:

Staten Island Supreme Court Justice Ralph Porzio also issued a permanent injunction that bars the city Board of Elections from letting around 800,000 non-citizen residents register to vote.

In a 13-page ruling, Porzio said city officials can’t “obviate” restrictions in the state constitution, which “expressly states that only citizens meeting the age and residency requirements are entitled to register and vote in elections.”

“There is no statutory ability for the City of New York to issue inconsistent laws permitting non-citizens to vote and exceed the authority granted to it by the New York State Constitution,” he wrote.

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When Life Gives you Lemon [v. Kurtzman]…

The Supreme Court held today in Kennedy v. Bremerton School District that when life gives you Lemon [v. Kurtzman], you strike it down for good.  This notoriously troublesome Establishment Clause test, which Justice Scalia likened to “some ghoul in a late-night horror movie” that somehow keeps coming back to life, is conclusively and finally dead.   

Religious liberty wins again at the Supreme Court this term, and today’s opinion ensures it will continue to do so in the future.

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