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Friday, March 22, 2019

Tired Of Winning Yet? Trump Notches 63 Embarrassing Court Defeats

The Trump administration has racked up an embarrassing pile of 63 losses in federal courts over the last two years — and experts say it’s thanks to rank incompetence and a failure to do the very basic legwork of making sure new policies will pass legal muster.

“In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance for shifting policy, including providing legitimate explanations supported by facts and, where required, public input,” the Washington Post reports.

The Trump team has a particularly high failure record in cases involving the Administrative Procedure Act, which the Post describes as a key law that defends against “arbitrary rule” by the executive branch.…

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Justice Department Precedents Support Release Of The ‘Mueller Report’

Reprinted with permission from the Alliance For Justice blog Yeomans Work.

My former Department of Justice colleague, Barry Kowalski, and I have been dismayed by reports that Attorney General William Barr might rely on Justice Department practice to suppress the Mueller report. Barry handled some of the Department’s most sensitive matters, including the prosecution of police officers who beat Rodney King and a reinvestigation of the assassination of Dr. Martin Luther King, Jr. We know from our combined 57 years in the Civil Rights Division (CRT) that the Division’s practice provides all of the precedent Barr needs to release fully Mueller’s product.…

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Taping #MeToo Mouths At Harvard

It was inevitable that the #MeToo movement, started with valid anger at sexual harassment, would open the door to bizarre accusations. It’s just surprising to see it go off the deep end at Harvard University, where rational thinking tied to principle is supposed to be a requirement for admission.

Do note that the student group hounding law school Dean Ronald S. Sullivan to resign is described as “small but vocal.” Dozens of law faculty have backed him. And many at Harvard no doubt find the histrionics deeply embarrassing.

But it’s amazing how far the aggrieved ones have gotten. They should know that they are a source of wonderment mainly because they are so obviously ignorant of the legal system and they’re supposed to be smart.…

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