Remove Arizona Remove Constitutional Law Remove Criminal Law
article thumbnail

Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

JonathanTurley

While I agree with the Fifth Circuit that it is largely locked into the existing precedent in cases like Arizona v. 387, 399 (2012), finding “field preemption” of state immigration laws. It is a bitter recognition for the state that the open border conditions are the product of federal laws and policies.

article thumbnail

No, an indictment wouldn’t end Trump’s run for the presidency – he could even campaign or serve from a jail cell

LLRX

Stefanie Lindquist Foundation Professor of Law and Political Science, Arizona State University, answers critical questions including: does an indictment – or even a felony conviction – prevent a presidential candidate from running or serving in office?

Felony 91
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis

JonathanTurley

The seeds of this disaster were planted by the Supreme Court over a decade ago, in Arizona v. In that case, a 5-3 majority ruled against a state seeking to enforce immigration laws in light of what it described as a vacuum of federal action. There is a difference between the colloquial and constitutional meaning of such terms.

article thumbnail

“Just Do It”: Democrats Continue to Struggle to Find a Crime to fit the Offense

JonathanTurley

Hearing an account of Trump lawyer John Eastman tell the Arizona House Speaker Rusty Bowers to “just do it” in scrapping the state’s slate of electors was cringeworthy. However, many seem to be making the same demand of Attorney General Garland about bringing criminal charges.

article thumbnail

Justice or Just Desserts? Trump, Cosby and Georgia cases show rising cost of political litigation

JonathanTurley

Democratic National Committee , an Arizona case in which the U.S. The Biden administration has made opposition to Georgia’s law into a rallying cry for its stalled legislative efforts to federalize state election laws. The lawsuit was less surprising than its timing: It was filed just days before the release of Brnovich v.

article thumbnail

The “Why Not” Culture: Why the Georgia Final Report Should Worry Us All

JonathanTurley

It is the “why not” approach to criminal and constitutional law. This week, Democratic Arizona Secretary of State Adrian Fontes aptly described the claimed right to disqualify as a “radical” measure that would “encompass every elected office in our government — state, local, federal, and so forth.”

article thumbnail

“Everybody’s Mistakes Except My Own”: Trump Final Pardon List Offers A Telling Reflection On His Legacy

JonathanTurley

Chris Collins as well as Joe Arpaio, the highly controversial former sheriff of Maricopa County, Arizona. That pattern continued on his last day with pardons for former Arizona Rep. Rick Renzi of Arizona who convicted of extortion, bribery, insurance fraud, money laundering, and racketeering. Duncan Hunter and former GOP Rep.