Tag Archives: law

Gerrymandering is not going away any time soon. It will just be used in different manner, a manner in which to achieve congressional districts with a fairer representation of the district’s constituency. Why won’t gerrymandering go away? The districts are too big at an average of 700,000 people per district. This is the result of Congress freezing the number of Congressional Representatives at 435 in 1929 and reapportioning the districts of each state...

Senate: Arizona: “In Arizona’s race for the Senate, two candidates are separated by about 16,000 votes with approximately 75 percent of results in. Republican Rep. Martha McSally was leading her Democratic opponent Rep. Kyrsten Sinema by less than 1 percent in the race to fill outgoing Republican Sen. Jeff Flake’s seat.” The last I read somewhere, Sinema had over taken McSally and the race was too close to call. This will not throw the Senate into a...

Ian Millhouser correctly denounces not only Trump’s assault on the 14th amendment but also reporters who print absolutely false assertions. The issue is Trump’s clearly false claim that he can eliminate birthright citizenship by executive order. In fact “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States … ” – US Constitution Amendment 14. Millhouser’s post is too good to...

A Federal Court cleared the way for students who have been defrauded by for-profit institutions (I hesitate to call them schools). “This court ruling is a major victory for thousands of students across the country who were defrauded by predatory for-profit colleges taking advantage of our broken student loan system. We commend Attorney General Maura Healey for her leadership fighting for students who were left with thousands of dollars in debt after...

The Susan Collins Excuse I listened very carefully to Senator Collins as she detailed her excuses for letting Brett Kavanaugh become a Supreme Court Justice. Two aspects of her speech were particularly absurd and kind of appalling. Her claims that Kavanaugh is a moderate akin to Justice Stevens were beyond absurd. The most appalling aspect of her speech was how she dismissed the claims that Kavanaugh sexually abused women in high school and/or college:...

As I write, Brett Kavanaugh is not yet a Supreme Court Justice. I assume he will be one soon. I am going to argue that this is the best of the bad possible outcomes. Yes this is making the best of a bad situation and pathetic motivated reasoning. Yes Collins’s speech drove me into an almost insufferable panic and despair (don’t ask me ask, my soon to be ex-wife if I don’t get a hold of myself [by blogging]). Consider this post emergency marriage therapy...

My understanding is that Bret Kavanaugh presents himself as a textualist, following Antonin Scalia he argues that words in the constitition and laws should be interpreted using their conventional meanings when they were written. This is in contrast to the different approach based on considering legislative history (which is impossible for the main body of the Constitution because the procedings of the Convention were secret). It is in very marked...

A Weak Defense of Citizen United: Ownership v. Control Many thanks to Peter Dorman for highlighting Citizens United As Bad Corporate Law. I guess we had to endure this comment, which is a really weak rebuttal: Corporate shareholders are most definitely owners; they alone have the authority to sell their shares or the company’s assets. Their rights are based not on contract law but statutory rules of franchise. They are guaranteed rights of assembly abd...

Citizens United, Thoroughly Debunked I admit I haven’t paid too much attention to debates over Citizens United, since I regard the direction taken by regulation, control over who may contribute to political campaigns and how much they can put up, to be misguided.  I would like to see comprehensive control over how much money can be spent on behalf of candidates, period.  (I would also like to see a mandate that all such contributions be funneled through...

by Brad Delong (originally published at Grasping at Reality with at least Theree Hands) BRETT KAVANAUGH: A MULTIPLE TRAIN WRECK IN MANY DIMENSIONS: MONDAY SMACKDOWN I confess that I have been procrastinating on various things. Why? Because I have been unable to tear my eyes away from the multiple train crash that is the confirmation process… the career… the life of Brett Kavanaugh. My view of this is a third- or fourth-hand view. It is the view of...