Category: Congress

Bill on Nationwide Injunctions

by · Mar 31, 2025 10:04 am

The practice of individual federal judges issuing nationwide injunctions against particular government actions has long been the subject of complaints from both sides of the political aisle. At each point in time, of course, the side complaining is the side presently in power.

Senator Charles Grassley, chairman of the Judiciary Committee, has this op-ed in the WSJ regarding a bill he is introducing today to limit this practice, titled the Judicial Relief Clarification Act. As of this writing, today’s bills have not yet appeared on congress.gov, so I do not yet have the details.

Sen. Grassley notes that Justice Kagan has previously denounced such injunctions. A 2022 article in Politico by Josh Gerstein reported her remarks at a Northwestern University event: Continue reading . . .

Immigration Enforcement, the Laken Riley Act, and State Standing

by · Jan 11, 2025 10:08 am

The House of Representatives has passed the Laken Riley Act by a whopping 264-159. The bill may set up a constitutional showdown on the question of the standing of states to sue federal officials for failure to enforce federal law, but not any time soon.

The bill adds theft offenses to the crimes for which aliens may be taken into custody. In addition, though, it grants standing to state attorneys general to sue the Secretary of Homeland Security for a variety of failures to enforce several immigration laws. Can Congress do that? Continue reading . . .

A Problem of Racism on the Senate Judiciary Committee?

by · Jun 21, 2021 12:01 pm

Two days after the first national celebration of Juneteenth, you probably thought we were past the time when United States senators, particularly on the Judiciary Committee charged with helping to guarantee civil rights, would be members of fancy all-white clubs.  Indeed, until just now, I wasn’t aware that all-while clubs still existed.

Time to wake up.  Meet Senator Sheldon Whitehouse, former US Attorney for Rhode Island and now Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights.

Continue reading . . .

They’re Telling Us What They Have in Mind. Best We Listen.

by · Jul 7, 2020 12:49 pm

One among many reasons I regularly read Doug Berman’s excellent blog, Sentencing Law and Policy, is the breadth of its coverage.  Today it features an article of great value because of its honesty.  It tells us, without a whole lot of varnish, what our opponents on criminal justice policy have in mind for the country.

We ignore it at our peril.  The people behind these suggestions are going to be eager candidates for politically-appointed sub-Cabinet positions in a Democratic administration, at the Justice Department and elsewhere.  If you want to know what the Biden DOJ is actually going to be pushing  —  as opposed to the relative pablum we’ll be hearing about in the campaign (if the former Vice President chooses to mount one)  —  here it is.

Continue reading . . .

The Facts Matter

by · Jun 10, 2020 1:42 pm

For decades, the public has been admonished a dozen times a day by the media, liberal politicians and our betters in academia that government policy decisions they prefer are based upon evidence and data.  But what evidence and data are they talking about? Real science carefully reviews all the data.  Junk science supports a narrative.  Americans of all colors have been intentionally misinformed with regard to race relations, particularly when it comes to the police.  The the clarion call of liberal/progressives, race hustlers like Al Sharpton and a complicit major media is that racial bias was baked into the U.S. Constitution by the founding fathers and that 244 years later, every American institution remains systemically infused with bigotry.  In order to sustain this narrative, its adherents simply ignore the data.  In her remarks before the House Judiciary Committee today, Manhattan Institute scholar Heather MacDonald addressed that claim, highlighted by the tragic death of George Floyd, that systemic racism infects the police departments across America.

Continue reading . . .