Last month, the Supreme Court heard oral argument (virtually) in two "faithless electors" cases, Chiafalo v. Washington and Colorado Department of State v. Baca. Presidential electors who wished to vote in 2016 for persons other than Hillary Clinton, who won the popular vote in both states, were sanctioned by the states – a $1,000 fine for the Washington electors and removal for the Colorado electors. These cases present interesting constitutional, jurisdictional, and legal policy questions, and the justices seemed to consider them close cases during oral argument. Part I featured some highlights from arguments presented to the Court by amici, and this post will focus on oral argument and the analysis of the case.Read more
After Ukraine and the Russia-hoax, it seems likely the Democrats in the U.S. House's quest for Donald Trump’s tax returns is just the latest effort to damage the President politically. During oral argument over President Trump’s tax returns, USA Today sums up that point as follows:
On the other hand, all the conservatives and some liberal justices wondered whether the subpoenas go too far in seeking a decade of private data involving not only the president but members of his family. They suggested such extensive probing could harass and distract both Trump and future presidents.
. . .
“How can we both protect the House’s interest in obtaining information it needs to legislate but also protect the presidency?" Kavanaugh asked House general counsel Douglas Letter. . . .
But even liberal Associate Justice Stephen Breyer noted the subpoenas "go way, way beyond tax returns," a concern voiced by several conservative colleagues.Read more