[Note: This is the seventh in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first six essays can be found here, here, here, here, ...
In a previous post, I argued that Donald Trump's plan to use the Alien Enemies Act of 1798 as a tool for peacetime mass deportation is illegal, but also noted that courts might nonetheless refuse to ...
Maine’s top election official ruled that Donald Trump is ineligible to appear on the state’s primary ballot, citing his efforts to overturn the 2020 election. The secretary of state said she made her ...
On September 16, the Ninth Circuit Court of Appeals upheld a United States District Court’s dismissal of a proposed class action by gasoline consumers against several energy companies in D’Augusta v.
William Galston disputes my notion that “education is at heart a political question” (“Ron DeSantis’s Illiberal Education,” Politics & Ideas, Aug. 30). There are two ways in which education is ...
This case pending before the Montana Supreme Court asks, among other things, whether the claims of sixteen youth plaintiffs challenging Montana energy policy present a political question under the ...
Voters of the 11th Congressional District line up to vote on June 28 in Fairfax. (Craig Hudson/For The Washington Post) In 2019, the Supreme Court ruled in Rucho v. Common Cause that “partisan ...
In recent years, federal courts have relied on what’s called the “political question doctrine” to refuse to review legal claims of wrongdoing, even those involving egregious constitutional harm. Using ...
The head of the jury at the 74th Berlin International Film Festival pushed back on political questions as the festival kicked off on Thursday, seeking instead to shift the focus to the tough selection ...
Brooke Migdon, The Hill’s reporter covering LGBTQ politics and policy, answered questions about the state of LGBTQ rights in the U.S. and the stakes of the upcoming presidential election. Answer: Hey ...
This transcript was created using speech recognition software. While it has been reviewed by human transcribers, it may contain errors. Please review the episode audio before quoting from this ...
The question of 'religious freedom' and how it is defined could become the focal point for internal tensions. The army and influential groups will react much more sensitively to this question than ...