Sessions rails against ‘activist judges’ with new DOJ guidelines on judicial orders

Attorney General Jeff Sessions pushed back against “the resistance” and “activist judges” on Thursday in Kansas City, where he announced new Justice Department guidelines on nationwide injunctions, or judicial orders that have broader applications than a specific case.

Sessions spoke to reporters and Justice Department officials at the Charles Evans Whittaker U.S. Courthouse in downtown Kansas City to rail against what he called “abuses of judicial power.”

LGBTQ civil rights case could test textual interpretation of law, says KU professor

Kansas Attorney General Derek Schmidt has joined with officials from 15 other states in a brief asking the U.S. Supreme Court to declare that transgender workers are not protected under federal workplace anti-discrimination laws codified in the Civil Rights Act of 1964.

The states, led by Nebraska, are asking the court to overturn a decision from the 6th U.S. Circuit Court of Appeals.

Brett Kavanaugh recusals likely to disappoint conservatives

Conservatives were hoping to get a new justice onto the Supreme Court before a major case involving illegal immigrants’ rights to abortion reaches the justices, but they may end up being disappointed by Judge Brett M. Kavanaugh, President Trump’s nominee to fill the looming vacancy.

Since he participated in the case while on the Circuit Court of Appeals for the District of Columbia, Judge Kavanaugh would have to recuse himself when the case reached the justices, under standard court practice.

Kobach lost: What’s that mean for voting in Kansas?

A federal high court recently ruled that individuals do not need to show proof of citizenship in order to register to vote. Kansas Secretary of State Kris Kobach plans to appeal. An article by High Plains Public Radio laid out the repercussions of this decision and consulted KU Law professor Lumen Mulligan.

In January, one of six men vying for Kobach’s job will take office and replace him as defendant. Since the appeal likely won’t be done, that person will have the power to continue or kill it.

KU Law professor sees Kobach contempt order as ‘not especially common’, says underlying restrictions will likely stay past his term

Lou Mulligan comments on the contempt order issued against Kansas Secretary of State Kris Kobach. '“To get this contempt order, the plaintiffs had to show that the court had issued an order, that the defendant knew of the order and that the defendant disobeyed the order,” said Lumen “Lou” Mulligan, Director of the Shook, Hardy & Bacon Center for Excellence in Advocacy at the University of Kansas.'

KU Law Professor says amending state constitution is potential school finance solution, but a tough task

Professor Mulligan comments on changing the Kansas Constitution. “If the Kansas Legislature wished to begin the process of Constitutional Amendment, they could,” said Mulligan. “It takes a two-thirds vote out of both the Kansas House and the Kansas Senate to send a Constitutional Amendment to the general ballot and that just requires a majority of voters to approve.” He says there are many different ways to get it done, but that it is not an easy task. 

Supreme Court has opportunity to draw a new line on gerrymandering, says KU professor

"A case that was argued before the U.S. Supreme Court this week regarding gerrymandering in Wisconsin could be the most politically important case to go in front of that body this term, according to Professor Lumen “Lou” Mulligan. Mulligan is the Director of the Shook, Hardy & Bacon Center for Excellence in Advocacy at KU."

KU Law professor sees 17th amendment repeal proposal as ‘very difficult’

"Conservative thinkers and media personalities, including former Arkansas Governor Mike Huckabee, father of current White House press secretary Sarah Huckabee Sanders, have suggested that the 17th Amendment to the Constitution be repealed.

This would return the election of U.S. Senators to the state legislatures rather than direct election by the people.

...

University of Kansas law professor Lumen “Lou” Mulligan says that making such a change would not be easy.

House Republicans demand Ginsburg’s recusal from Trump travel ban case

"Dozens of congressional Republicans are demanding that Justice Ruth Bader Ginsburg recuse herself from ruling on President Trump’s travel ban case before the Supreme Court hears arguments in October, saying she’s already shown she can’t be an impartial jurist when it comes to Mr. Trump.

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Lumen Mulligan, associate dean at the University of Kansas School of Law, told The Washington Times that Supreme Court Justices often feel they have an obligation to hear a case because there’s only nine justices and a recusal would leave the court understaffed.

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