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Constitution

The f-word case: Supreme Court weighs whether ‘scandalous’ trademarks violate free speech – The Washington Post

A squeamish Supreme Court did not need to hear the “f-word” or an explicit racial slur to understand the linguistic minefield it was entering Monday when considering a free-speech challenge to the federal law forbidding registration of “immoral” or “scandalous” trademarks. “I don’t want to go through the examples,” Justice …

Nielsen Deserves Credit for Rejecting Trump’s New Border Demands – Bloomberg

The homeland security secretary carried out inhumane policies, but she stood up for the Constitution at least. It’s hard to think of a more unlikely human rights hero than Kirstjen Nielsen, the outgoing secretary of homeland security. But if CNN’s reportingis accurate, Nielsen actually did sacrifice her job for the legal rights …

In limiting states’ power to impose fines, the Supreme Court pushes to broaden the rights of national citizenship – The Washington Post

There have been many memorable — and eventually consequential — Supreme Court dissents that affirmed principles that, in time, commanded a court majority. It is, however, rare that a justice’s opinion concurring in a unanimous ruling is more intellectually scintillating and potentially portentous than the ruling itself. This happened last week, when the …

The Supreme Court has a chance to clear up decades of confusion – The Washington Post

For decades, the Supreme Court has entangled itself in establishment clause decisions that have been, in the words of Alice in Wonderland, curiouser and curiouser. On Wednesday, it can leaven with clarity the confusion it has sown. The First Amendment’s first words say, “Congress shall make no law respecting an establishment of religion.” …

Republican Senators Find Power to Resist Trump’s Wall Emergency – Bloomberg

Allowing the president to dictate federal spending would undermine Congress’s most important constitutional role. President Donald Trump’s persistent threat to declare a national emergency and build a wall along the Mexican border is giving new life to the separation of powers — exactly the opposite of his intention. In a development that would bring a …