Mueller looking through Trump’s tweets
Special counsel Robert Mueller has been reviewing President Donald Trump’s Twitter feed as part of the former FBI director’s probe into obstruction of justice, The New York Times reported Thursday.
The elections clause as a structural constraint on partisan gerrymandering of Congress
Richard H. Pildes is the Sudler Family Professor of Constitutional Law at NYU Law School.
The Supreme Court has struggled between seeing itself as an institution that only vindicates individual rights and as one that vindicates, at times, more structural or group-based interests. Partisan gerrymandering or vote dilution is obviously intended to advantage or disadvantage adherents of one political party. This is intrinsically a group-based injury, as are all vote-dilution injuries.
In the racial-vote-dilution context under the 14th Amendment, for example, the Supreme Court recognized from its earliest cases, including 1973’s White v. Regester, that the constitutional injury occurs when districts are designed “to cancel out or minimize the voting strength of racial groups.” Similarly, when the court drew on the racial-vote-dilution cases to hold for the first time, in 1986’s Davis v. Bandemer, that partisan vote dilution could also violate the 14th Amendment, the court recognized that “the question is whether a particular group has been unconstitutionally denied its chance to effectively influence the political process.” It makes no sense, either practically or conceptually, to “dilute” the vote of any individual voter in isolation. Vote dilution, whether racial or partisan, is about diminishing the overall political power of groups as groups, compared to the power those groups would have in a lawful plan. Read More
The justices are expected to take the bench on Thursday, June 21, to issue opinions in argued cases. There are 14 cases left for them to decide; this post briefly summarizes those cases (in the order in which they were argued). Read More
Michael Cohen sent up flares, but Trump never came to help
Updated 11:21 AM ET, Thu July 26, 2018
About a month before Michael Cohen released his recording of a sensitive conversation he had with Donald Trump, the President’s longtime attorney and adviser was agonizing over the silent treatment he was getting from his former boss.
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