Massachusetts voters become latest to try and keep Trump off ballot over Jan. 6 attack
Five voters in Massachusetts have become the latest to challenge former President Donald Trump's eligibility to appear on Republican primary election ballot in March, claiming he is ineligible to hold office because he encouraged and did little to stop the Jan. 6, 2021, attack on the U.S. Capitol.
Lawyers argue whether the Constitutionโs โinsurrectionโ clause blocks Trump from the 2024 ballot
Lawyers for a group of Colorado voters are focusing on the January 2021 assault on the U.S. Capitol and former President Donald Trumpโs words and actions in a hearing that could determine whether the Constitutionโs insurrection clause bars Trump from running again for the White House.
Trump is 'not above the law,' prosecutors say in urging judge to let federal election case proceed
Federal prosecutors say Donald Trump is โnot above the lawโ as they are urging a judge to reject the former presidentโs efforts to dismiss the case charging him with plotting to overturn the 2020 presidential election.
Divided Supreme Court outlaws affirmative action in college admissions, says race can't be used
A divided Supreme Court has struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies.
Cruz: โOf courseโ Trump was wrong to call for terminating Constitution
U.S. Sen. Ted Cruz condemned the comment by the former president, but he also said that reporters were overblowing the story and should instead โfocus on what matters.โ Sen. John Cornyn called the move โirresponsibleโ on Monday.
Chileans resoundingly reject new progressive constitution
Chileans have resoundingly rejected a new constitution to replace a charter imposed by the dictatorship of Gen. Augusto Pinochet 41 years ago, dealing a stinging setback to President Gabriel Boric who argued the document would usher in a progressive era.
House passes domestic violence bill, pushes issue to Senate
The reauthorization of the Violence Against Women Act passed 244-172 with 29 Republicans joining Democrats in supporting the legislation. The White House announced its support earlier Wednesday for reauthorizing VAWA, which aims to reduce domestic and sexual violence and improve the response to it through a variety of grant programs. AdPresident Joe Biden introduced the original Violence Against Women Act in June 1990 when serving as chairman of the Senate Judiciary Committee. A subsequent version was eventually included in a sweeping crime bill that President Bill Clinton would sign into law four years later. Congress has reauthorized the Violence Against Women Act three times since.
EXPLAINER: What is the impact of racially diverse juries?
FILE - In this Feb. 8, 2021 file photo, A mural of George Floyd is seen in George Floyd Square in Minneapolis. DOES THE U.S. CONSTITUTION REQUIRE DIVERSE JURIES? In the 1940 decision Smith vs. Texas, the high court ruled unanimously that the Constitution prohibits racial discrimination in the selection of grand juries, finding it โat war with our basic concepts of a democratic society and a representative government.โWHY ARE DIVERSE JURIES MORE LIKELY TO DELIVER FAIRER VERDICTS? โWith diverse juries, there are more vantage points,โ he said. Other studies have found similarly positive effects on juries, even if just one or two non-white jurors are included with a mostly white jury.
House Dems make case for conviction; Trump denies charges
The impeachment trial represents a remarkable reckoning with the violence in the Capitol last month, which the senators witnessed firsthand, and with Trumpโs presidency overall. AdThe impeachment trial, Trumpโs second, begins in earnest on Feb. 9. โThe only honorable path at that point was for President Trump to accept the results and concede his electoral defeat. Instead, he summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue,โ the Democrats wrote in an 80-page document. โThere is no โJanuary Exceptionโ to impeachment or any other provision of the Constitution,โ the Democrats wrote.
Analysis: Not every legislative day in Texas is a workday
The senators met for two days that week, left town and then came back for one more day this week. Credit: Miguel Gutierrez Jr./The Texas TribuneEditor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. The Texas Senate met for two days, left town and then came back for one more day this week. The House worked for three days that first week and then also left town, returning for two days this week. Blame the pandemic, and get ready for a legislative session that, in both the number of laws produced and subjects considered, will probably fall far short of whatโs normal.
Democratic colleagues file ethics complaint against U.S. Sen. Ted Cruz after Capitol riot
Seven Democrats in the U.S. Senate have filed an ethics complaint against U.S. Sen. Ted Cruz, R-Texas, for his role lending โlegitimacyโ to false claims of election fraud ahead of the deadly Jan. 6 insurrection in the Capitol by supporters of President Donald Trump. The Constitution also grants Congress the ability to censure its members, which is essentially just a strong condemnation from the chamber. Even after a mob of Trump supporters desecrated the U.S. Capitol, Cruz objected to certifying Arizonaโs electoral results and heโs been in political hot water ever since. At any point in the investigation, the Senate ethics committee can hold a public or executive hearing to cross-examine documents and hear testimonies. Cruz denounced the violence, but he has fierce backlash from Democrats, and even some Republicans.
Texasโ Crenshaw pens op-ed explaining U.S. election process to rioters
Following Wednesdayโs storming of the U.S. Capitol, Rep. Dan Crenshaw (R-TX) shared his thoughts of those challenging the electoral count, explaining they misunderstand how America elects its presidents. โOn Wednesday the Capitol of the most powerful nation the world has ever known was stormed by an angry mob. The congressman went on to explain Jan. 6 attack of the Capitol is the exact situation the founders of this nation sought to avoid. For this reason, the Founders opted to diffuse responsibility to electors from each state,โ Crenshaw wrote. Ultimately, Crenshawโs op-ed communicated those who challenge the electoral count misunderstand the process of electing United States presidents.
Capitol siege by pro-Trump mob forces questions, ousters
Trump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. The tragedy deepened late Thursday as a Capitol police officer injured in the melee died, the fifth death related to the riot. The U.S. Capitol Police said in a statement that Officer Brian D. Sicknick died from injuries sustained responding to the riot on Wednesday at the Capitol. The procedure allows for the vice president and a majority of the Cabinet to declare the president unfit for office. Black lawmakers, in particular, noted the way the mostly white Trump supporters were treated.
What is the 25th Amendment and how is it invoked?
HOUSTON โ The 25th Amendment became part of the Constitution in 1967 after being ratified by the states. The law essentially lays out what happens if a president is removed from office, either temporarily or permanently. Blackman said if eight of the 15 cabinet members and the vice president agree the president cannot discharge the duties of the office, the president is relieved of power. โThey would need two-thirds in the House and two-thirds in the Senate to vote for removal,โ Blackman said. The law also allows the president to nominate a vice president in the event of a vacancy in that office.
โStop this bull**** nowโ: What Texasโ congressional delegation is saying about US Capitol protests
โ Dan Crenshaw (@DanCrenshawTX) January 6, 2021I like many people voted for President Trump in the 2020 election and hoped for a different result. We are safe, thank GOD for the Capitol Police. My staff and I are safe and we thank the Capitol Police for their efforts to protect us. โ Rep. Colin Allred (@RepColinAllred) January 6, 2021President Trumpโs assault on our democracy has caused the violence that is happening outside the US Capitol right now. My staff and I are safe and we thank the Capitol Police for protecting us.
Trump pressures Pence on electoral count
Pence acknowledged that reality in a lengthy statement Wednesday laying out his conclusion that a vice president cannot claim โunilateral authorityโ to reject states' electoral votes. Pence's move was an expected outcome, but one that carved a dramatic fissure between Trump and Pence, his once most loyal lieutenant. โIf Mike Pence does the right thing we win the election,โ Trump wrongly told supporters, who later marched through Washington and stormed the Capitol. He repeatedly returned to Pence throughout his speech, voicing frustration as he tried to pressure the vice president to fall in line. Neither Trump nor any of the lawmakers who objected to the count have presented credible evidence that would change the outcome.
Does Trump have power to pardon himself? It's complicated
WASHINGTON โ President Donald Trump has declared that he has the โabsolute rightโ to issue a pardon to himself. The Constitutionโs text โ affording the president โpower to grant reprieves and pardons for offenses against the United States, except in cases of impeachment" โ can be read to suggest that the Founding Fathers envisioned some sort of limitations on a presidentโs pardon power. The question of whether Trump will do it, though, is as unsettled as the question of whether he can. But, Tushnet said, Trump's lawyers could conceivably try to invoke double-jeopardy arguments to claim that a federal pardon should bar any New York state prosecution based on the same conduct. On the federal level, a self-pardon obviously handcuffs the Justice Department under President-elect Joe Biden from pursuing any federal case against Trump.
High court takes up census case, as other count issues loom
FILE - In this Nov. 2, 2020, file photo an American flag waves in front of the Supreme Court building on Capitol Hill in Washington. The Supreme Court is hearing arguments over whether the Trump administration can exclude people in the country illegally from the count used for divvying up congressional seats. It's the latest, and likely the last, Trump administration hard-line approach to immigration issues to reach the high court. Will the quality of the census data be hurt by a shortened schedule, a pandemic and natural disasters? Will a lame-duck Senate pass legislation that could extend deadlines for turning in census numbers?
What happens if there is a tie in the presidential race?
HOUSTON โ While a tie in a U.S. presidential election is rare, the framers of the Constitution did develop a process to handle such a dilemma. The Senate is required to pick the vice president from the two candidates who got the most electoral votes. If the House canโt break the tie before the end of the presidential term, then the person elected vice president will act as president until the House can break their deadlock. There have been two presidential elections that have ended without an electoral majority, but it has been nearly 200 years since it happened. The first one happened in 1800 when Thomas Jefferson and Aaron Burr were tied with 73 electoral votes from the 16 states.
Seattle, Portland, New York sue over Trump's 'anarchy' label
New York, Seattle and Portland, three cities recently labeled "anarchist jurisdictions" by the U.S. Justice Department, are suing to to invalidate the designation and to fight off the Trump administration's efforts to withhold federal dollars. โThe Trump administrationโs political threats against Seattle and other Democratic cities are unlawful and an abuse of federal power," Seattle Mayor Jenny Durkan said in a news release announcing the federal lawsuit. The Justice Department last month identified New York City, Portland, Oregon, and Seattle as three cities that could have federal funding slashed. โTheyโve actually taken this anarchist designation and started to include it in applications for federal grants,โ Johnson said. As much as $12 billion in federal money affecting health, transportation and law enforcement programs could be at stake, Johnson said.
Her words: Amy Coney Barrett on faith, precedent, abortion
___โI donโt think abortion or the right to abortion would change. Itโs never appropriate for a judge to impose that judgeโs personal convictions, whether they derive from faith or anywhere else on the law.โ โ 2017 Senate hearing. โ 2017 Senate hearing. Its members might be seen as partisan rather than impartial and case law as fueled by power rather than reason.โ โ Texas Law Review. If she is not sure enough, the preference for continuity trumps.โ โ Texas Law Review.
AP EXPLAINS: What happens if a candidate for president dies?
But what happens if a candidate for president dies before Election Day? Instead, they are voting for slates of electors who will pick the president and vice president as members of the Electoral College. In modern U.S. elections, the meeting of the Electoral College is essentially a ceremonial confirmation of the choice made by voters. If no candidate reaches 270 electoral votes, the House chooses the president and the Senate chooses the vice president, in a process spelled out in the Constitution. In 1824, Andrew Jackson won a a plurality of the popular vote and the most Electoral College votes.
Her words: Amy Coney Barrett on faith, precedent, abortion
(AP Photo/Alex Brandon)Some notable quotes from Supreme Court nominee Amy Coney Barrett, a former Notre Dame law professor and current judge on the Chicago-based 7th U.S. Itโs never appropriate for a judge to impose that judgeโs personal convictions, whether they derive from faith or anywhere else on the law.โ โ 2017 confirmation hearing. โ 2017 confirmation hearing. Its members might be seen as partisan rather than impartial and case law as fueled by power rather than reason.โ โ Texas Law Review. If she is not sure enough, the preference for continuity trumps.โ โ Texas Law Review.
What happens if the US election is contested?
Even if the election is messy and contested in court, the country will have a president on Inauguration Day. But states' electoral votes have to be cast on Dec. 14. When the electors meet, the candidate who gets at least 270 of the 538 electoral votes wins. But what happens if election issues still prevent a winner from being named? In a contingent election, House members have to choose among the three people with the most electoral votes.
Court: Secret videos can't be used in Kraft massage case
The state 4th District Court of Appeal ruled Kraft's rights were violated under the Fourth Amendment to the Constitution, which protects against unreasonable searches and seizures. Police say the recordings show Kraft and other men engaging in sex acts with women and paying them. Police say they twice recorded Kraft, a widower, paying for sex acts at the Orchids of Asia massage parlor. He said detectives had to fully record all massages, because the sex acts happened at their conclusion and 95% of male customers received one. DeSousa said even if the court finds police violated innocent customers privacy rights, the Supreme Court has ruled that in most circumstances, only improperly seized evidence should be thrown out.
Oklahoma voters to decide whether to expand Medicaid
OKLAHOMA CITY Oklahoma voters will decide Tuesday whether to expand Medicaid to tens of thousands of low-income residents and become the first state to amend their Constitution to do so. While an increasing number of Oklahoma voters took advantage of mail-in voting for Tuesday's primary, polls will be open from 7 a.m. to 7 p.m. statewide. Amending the Oklahoma Constitution will prevent the Republican-controlled Legislature, which has resisted Medicaid expansion for a decade, from tinkering with the program or rolling back coverage. Oklahoma is one of 14 states, along with neighboring Texas and Kansas, that have not expanded Medicaid under the 2010 federal Affordable Care Act. The Oklahoma Health Care Authority has projected that about 215,000 residents would qualify for a Medicaid expansion, for a total annual cost of about $1.3 billion.
California affirmative action vote prompts 'tough' debate
What am I to do, without even having the decency of a conversation to discuss the difficulties of race? Low asked his colleagues on Wednesday. If we cant even have these tough conversations, what do you think is going to happen to the electorate?" Assemblywoman Shirley Weber, who authored the repeal, apologized on the Assembly floor just before the vote for not contacting lawmakers individually. This is not the same California that voted on this 25 years ago, said Assemblyman Miguel Santiago, a Democrat from Los Angeles. California State University, the nations largest four-year public university with 23 campuses and nearly 482,000 students, has a student body that is nearly 75% people of color.