I. Introduction Much of U.S. governance is held together by goodwill, unwritten norms, and the ideals that “that would never happen” and “no one would ever do that.” Every hope of continued reliance on these norms was “shattered” on January 6, 2021, when armed insurrectionists invaded the U.S. Capitol. Under the direction of the President, [...]
Search Results for: 2016-04-05
On 25th September 2020, the Union Ministry of Social Justice and Empowerment notified the Transgender Persons (Protection of Rights) Rules, 2020 which removed the mandatory medical examination requirement that the previous draft of these rules (issued in July 2020) had created. The earlier draft was heavily criticized by the transgender community for taking away their [...]
Congress needs to act to restore the balance of power and prevent future administrations from undermining legislative intent and wreaking havoc on the lives of so many Americans that depend on a functioning immigration system. This means taking back the power of the purse when it comes to immigration benefits and creating Article I courts [...]
Wednesday’s decision by the D.C. Circuit granting General Mike Flynn’s petition for mandamus is a dangerous precedent. In directing US District Court Judge Emmet Sullivan to grant DOJ’s motion to dismiss the false statement charges against Flynn, the court disrupted orderly court proceedings. While I believe DOJ would have ultimately prevailed in due course, the [...]
Flynn Argument in D.C. Circuit: Is the Ball Back in Judge Sullivan's Court?
The D.C. Circuit held oral argument on Friday on General Mike Flynn’s mandamus to Judge Emmet Sullivan to grant the Department of Justice (DOJ) Motion to Dismiss false statement charges against Flynn (see my preview, discussed here). A majority of the panel seemed to believe Judge Sullivan should take the first crack at deciding DOJ’s [...]
1. There’s something happening here; What it is ain’t exactly clear On Sunday, May 31, 2020, I posted on my Facebook that we should expect the repression to come soon. And almost like predictable clockwork, the repression started the next day. We can note the teargassing and flash grenading of peaceful demonstrators and international press [...]
Mandamus and the Proper Role of Amicus Curiae in the Michael Flynn Case
On Monday, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia filed his response to the petition for mandamus brought by General Michael Flynn in the D.C. Circuit regarding Sullivan’s handling of the Justice Department (DOJ) Motion to Dismiss the false statement charges against Flynn. Flynn had pleaded guilty to [...]
Introduction When the world started its global fight against the novel Coronavirus, Covid-19, immediate measures were the need of the hour. The spread of the virus was rampant. The first case of Covid-19 was reported in Wuhan, China during the month of December, 2019. Initially, China declared it to be a case of unusual pneumonia [...]
Congress Reincarnates Discrimination Against American Citizens Because of Who They Marry
In 1907, Congress passed a law that punished US citizen women for marrying “foreigners.” In March of 1931, Congress rejected this discrimination. But in March of 2020, Congress reincarnated it by passing a law that punishes both US citizen men and women who are married to non-citizens. The March 2020 CARES Act was designed to help support American families [...]
Slums in India: Tracing the Contours of Human Rights Obligations
Please note that “slum-dweller” as used in this piece is not intended to be offensive and is intended only to refer to individuals living in housing lacking proper sanitation, drinking water, and transportation facilities. Introduction: Due to rapid urbanization and lack of a proper housing scheme in India, slums have become a dumping ground for [...]