Briefing Room

Media News

Peter Shane

The lawsuits that could block Trump’s border wall

“In a potential judicial dispute over the wall, the Democratic-led House would argue that the Defense Department was undermining Congress’ appropriations power by spending funds that had not been authorized for that purpose,” Shane said.

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Ric Simmons

Law professor: Many factors may be affecting length of Husel investigation

“The first is the question of causation,” Simmons said. “They have to prove that in fact it was the fentanyl that the doctors and nurses administered that actually caused these deaths.”

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Peter Shane

Legal Challenges to Trump Emergency Declaration Face Uphill Battle

“Courts are reluctant to second-guess the president on matters of national security,” Shane said.

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Peter Shane

Trump declaration faces uncertain fate in coming court fight

“It’s hard to know how exactly this is going to unfold politically or judicially,” Shane said.

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Peter Shane

‘I didn’t need to do this.’ Critics say Trump quote undercuts national emergency for border wall

“Because the president’s words are so at odds with the ordinary meaning of ’emergency,’ any brief challenging the emergency would be negligent not to quote him,” Shane said. “Whether a court would use those words to void the declaration is another matter.”

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Sarah Cole

Corporate Arbitration Tactic Backfires as Claims Flood In

“If it’s successful, I think it is a creative way that lawyers are trying to help individuals actually vindicate their claims,” Cole said. 

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Peter Shane

Trump Can’t Send NM’s National Guard Back To Border

“If the president has merely requested that governors support a mission by sending up their National Guard, the Guard members remain under the control of the states,” Shane said. “There is no requirement to comply.”

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Daniel Tokaji

Symposium: How to win the partisan-gerrymandering cases

“Winning a partisan-gerrymandering claim has never been easy,” Tokaji writes. “But to have any realistic hope of prevailing, the plaintiffs and their amici will have to present the facts and law in a way that’s different from the lower-court opinions.”

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Ric Simmons

If Trump Keeps Insisting on Wall, It’s Hard to See Us Breaking Stalemate

“It’s hard to predict, but I could see at least a year or two of legal wrangling over this before the courts finally decide whether he can build the wall that way or not,” Simmons said.

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Marc Spindelman

‘Heartbeat Bill’ Returns

If passed, a “Heartbeat Bill” would ban abortions after a fetal heartbeat is detected.

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Douglas Berman

Magistrate’s ruling on state death penalty procedures won’t affect Rhoden case for now

“That entire issue should have no impact on the way the (Rhoden) case is prosecuted,” Berman said.

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Douglas Berman

Do Colorado Dispensary Owners Deserve Jail for ‘Looping’?

“Technically nobody bought more than an ounce at a time,” Berman said. “They just kept coming in again and again and again. And it seems like the operators of the dispensaries were perfectly comfortable with evading the spirit of the law, even though they claim that they didn’t violate the letter of the law.”

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