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#unconstitutional — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #unconstitutional, aggregated by home.social.

  1. She added that the #USPS rule “clashes with #Congress’s statutory scheme, & is #unconstitutional where it intrudes not only on Congress’s #elections clause powers but also that power left to the #states.”

    #law #SCOTUS #ActivistCourt #ElectionInterference #VotingRights #Constitution #ElectionLaw #midterms #USpol #Trump #Republicans #WhiteSupremacy

  2. Pentagon Spokesperson Admits There’s a Secret Blacklist of Journalists

    When pressed about the Iran war, a CENTCOM press official threatened to put an Intercept reporter on a “list of people to disregard.”

    Nick Turse, August 24 2026

    Excerpt: "Under self-styled #WarSecretary #PeteHegseth, the U.S. military has mounted the most aggressive assault on #PressFreedom in memory, from an effort to outlaw 'unauthorized' questions from reporters to imposing unconstitutional restrictions on journalists’ access to the Pentagon. Hegseth has compared reporters to 'Pharisees,' who in the Bible call Jesus’s teachings into question, while the secretary’s minions regularly hurl insults at reporters. This is part of a broader war on press freedoms by the #TrumpAdministration, that includes demonizing #journalists; filing so-called strategic lawsuits against public participation, or #SLAPPs, to intimidate and silence criticism through expensive legal proceedings; and employing grand jury subpoenas and search warrants to intimidate reporters.

    " 'Threatening journalists with placement on a #blacklist in retaliation for reporting the government doesn’t like is as #unconstitutional as it gets,' said Seth Stern, the director of advocacy for Freedom of the Press Foundation. 'This should put to rest the Pentagon’s prior claims that it’s anti-press policies — like its infamous requirement that reporters sign pledges to only print authorized information — are somehow content neutral.'

    "Allee revealed the existence of the blacklist after this reporter was left on hold for more than two hours and complained about a long-standing lack of transparency by the command. In calls earlier that morning, Maj. Emma Thompson, #CENTCOM ’s media operations chief, repeatedly refused to answer questions about Iranian attacks on U.S. bases across the Middle East, disparate U.S. casualty counts, and medical evacuation flights: 'Nothing for you,' 'Don’t have anything for you,' 'No comment.' Thompson then hung up on this reporter mid-question.

    #TheIntercept called back multiple times until Allee picked up the phone. 'They’re not going to answer your call if you just keep calling and calling,' he told this reporter."

    Read more:
    theintercept.com/2026/08/24/pe

    Archived version:
    archive.ph/uPwYW

    #USPol #Censorship #SiliencingDissent #SilencingThePress #NoComment #Orwellian #MinistryOfTruth #CharacteristicsOfFascism

  3. The case would be one of the most significant dealing with #religion in #PublicSchools since an ideologically divided #SCOTUS ruled in 2022 that a former public high school football coach’s on-field prayers were protected under the #FirstAmendment’s right to #FreeSpeech.
    In the current case, the [ultra-conservative] US Court of Appeals for the #5thCircuit in New Orleans upheld the #Texas #law on a 9-8 vote, overturning a lower-court ruling that found the measure #unconstitutional.

    #Constitution

  4. Someone please commit this idiot of ours to an institution where his potential to hurt the rest of the society is arrested. Stealing is wrong! Privateers are criminals. Shame on us for having elected this corrupt and supremely dumb piece of garbage to the Senate.

    ksl.com/article/51599090/mike-

    #stupid #idiot #republicans #senate #unconstitutional #antiAmerican #corrupt #liar #hacking #stealing #Utah #UtahPolitics #GOP #USPolitics #USPol

  5. Sec. of State #ShennaBellows: #DOJ demand for #Minnesota #voter data shows #ICERaids tied to #elections

    Lauren McCauley
    Mon, January 26, 2026 at 9:02 AM EST

    Excerpt: "Bellows, a Democrat running for governor, has twice rejected requests to provide the DOJ with sensitive voter data, including driver’s license numbers, partial social security numbers and full dates of birth, along with names of officials who handle the list’s maintenance, the number of ineligible voters the state identified due to noncitizenship and voter registration applications from specific time periods, among other information.

    "The DOJ has argued the data is necessary to assess states’ compliance with the statewide voter registration list maintenance provisions of the #NationalVoterRegistrationAct.

    "Maine is now among the states being sued by the federal government over its failure to comply.

    "In a motion to dismiss filed last month, the state argued that the lawsuit should be discharged because the DOJ failed to support a valid legal case as to why it is justified to such information, and that its data requests violate federal privacy law.

    "The motion also noted voter registration databases contain information about people’s choice of political party and in which elections they chose to vote, which are activities protected by the #FirstAmendment. Bellows and other secretaries of state have also raised concern about the federal government using voter records for citizenship probes.

    "In a statement Sunday, Bellows said, '#Maine will never turn over our voter rolls as a ransom payment to get ICE to end its #unconstitutional assault on our state.

    " 'Our founders designed a system where states and local governments, not the federal government, oversee elections to safeguard us from exactly this — a #tyrannical, #PowerHungry president trampling on our #ConstitutionalRights,' she wrote."

    Full article:
    yahoo.com/news/articles/sec-st

    #USPol #Elections #USElections #Elections2026 #TrumpSucks #Unconstitutional #VotingRights #StatesRights #VoterDisenfranchisement
    #Authoritarianism #Fascism #VoterRegistration #VoterDisenfranchisement #ResistICE #ResistFascism #USPol #DefundICE #ICESucks #ICEOut

  6. #ShennaBellows says Trump's call for federal #elections takeover is blatantly #unconstitutional

    #MainePublic | By Steve Mistler
    Published February 3, 2026

    "Maine Secretary of State Shenna Bellows said Tuesday that President Donald Trump's call for a federal takeover of elections is blatantly unconstitutional, but a threat that should be taken seriously given moves his administration has already made.

    "Bellows, a Democrat who is also running for governor, says the president's comments on a right-wing podcast about commandeering elections in 15 unnamed states fit a troubling pattern. That includes an effort by the Department of Justice to obtain states' private voter data, which Bellows' office is fighting alongside Oregon in federal court.

    "Minnesota Secretary of State Steve Simon also pushed back after receiving a letter from Attorney General Pam Bondi suggesting the immigration surge there would end if officials complied with the DOJ, a request he described as 'apparent ransom.'

    "Bellows said those moves, along with the FBI's recent raid of election offices in #FultonCounty #Georgia, suggest Trump is trying to preempt voter backlash to his policies in coming #elections.

    " 'The president fears big losses in the 2026 and 2028 and is trying to set the stage for federal interference in our elections,' she said.

    "Under the #Constitution, states govern American elections. But Trump has frequently made unsubstantiated claims that Democrats exploit the decentralized system to rig outcomes."

    Source:
    mainepublic.org/politics/2026-

    #USPol #Elections #USElections #Elections2026 #TrumpSucks #Unconstitutional #VotingRights #StatesRights #VoterDisenfranchisement
    #Authoritarianism #Fascism #VoterRegistration #VoterDisenfranchisement

  7. #SCOTUS tried to address the gap in 1971 in Bivens v. Six Unknown Named Agents, allowing the victim of an #unconstitutional search by #federal agents to sue them. But the court has essentially abandoned that approach, saying instead that #Congress must act if suits against federal ofcls are to be allowed.
    [I personally don’t see this SCOTUS dealing with the issue given their stance on expansive #ExecutivePower]
    #Trump #law #UseOfForce #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP

  8. The chief federal judge in Minnesota ordered the head of Immigration and Customs Enforcement to appear in court on Friday
    to explain why he should not be held in contempt
    for violating court orders.

    The order by Judge Patrick J. Schiltz
    — which he acknowledged was “an extraordinary step”
    — adds to the administration’s legal fights

    while it also faces public and political pressure over the aggressive tactics of its agents,
    who have shot and killed two U.S. citizens in Minneapolis in three weeks.

    Trump shook up the leadership of the Minnesota enforcement operation on Monday
    by planning to pull its director of on-the-ground enforcement,
    Gregory Bovino, according to two U.S. officials.

    That came after two days of outrage over the killing of Alex Pretti,
    who was shot and killed by federal agents over the weekend.

    Trump said he was sending #Tom #Homan, his border czar,
    to oversee the operations and that Mr. Homan would report directly to him.

    ⭐️The order by Judge Schiltz, issued late Monday,
    summons the ICE acting director
    #Todd #Lyons to appear before him on Friday and explain why he should not be held in contempt for violating court orders arising from the Trump administration’s crackdown.

    “The court’s patience is at an end,” he wrote.

    But the judge did give Mr. Lyons an out:
    👉He said he would cancel the hearing if ICE quickly released an immigrant whom he said had been wrongly detained by agents.

    The crackdown has prompted a flood of legal challenges,
    including from state and local officials
    ⚠️who asked another federal judge on Monday to declare that the surge of some 3,000 immigration agents had effectively become an #unconstitutional #occupation.

    The Trump administration also defended itself on Monday at a hearing over the state’s effort to investigate the death of Mr. Pretti.

    The shooting of Mr. Pretti
    — who was killed while being pinned down by agents, according to videos of the encounter
    — sparked outage across the political spectrum,
    including among some Republicans who have called for the Trump administration to change course.

    Trump met on Monday with #Kristi #Noem, the homeland security secretary, and #Corey #Lewandowski, her top aide, in the Oval Office for more than two hours,
    according to two people briefed on the meeting.

    The president did not suggest in the meeting that Ms. Noem and Mr. Lewandowski were at risk of losing their jobs, those people said.

    But it was another sign of Trump’s concern about the reaction to the killing of Mr. Pretti and the fatal shooting of another Minneapolis resident, Renee Good, by a federal agent on Jan. 7.

    nytimes.com/live/2026/01/27/us

  9. Supreme Court says Trump’s attempt to use the military on Americans went too far – Vox

    Supreme Court justices stand during President Donald Trump’s second inauguration
    Chip Somodevilla / Getty Images.

    The Supreme Court just handed Trump a rare — and very significant — loss

    Even some of the Court’s Republicans ruled that his attempt to use troops against US citizens went too far.

    by Ian Millhiser, Dec 23, 2025, 1:50 PM PST

    Supreme Court justices stand during President Donald Trump’s second inauguration, Chip Somodevilla / Getty Images

    Ian Millhiseris a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. He received a JD from Duke University and is the author of two books on the Supreme Court.

    The same Supreme Court that ruled that President Donald Trump is allowed to use the powers of the presidency to commit crimes finally placed a meaningful limit on Trump’s authority on Tuesday.

    In Trump v. Illinois, three Republican justices joined all three of the Court’s Democrats in ruling that Trump violated federal law when he deployed a few hundred members of the National Guard to squelch protests outside of an immigration detention facility in Broadview, Illinois, which is about 12 miles west of Chicago.

    SCOTUS, Explained

    Notably, however, Justice Brett Kavanaugh wrote a separate opinion saying he would have ruled against Trump on very narrow grounds. So, it appears that only a bare majority of the justices voted to place significant limits on Trump’s authority to deploy the military against Americans located on US soil.

    Trump attempted to use the military against a small number of protesters outside of the Broadview facility. According to Judge April Perry, a federal district judge who previously heard this case, “the typical number of protestors is fewer than fifty,” and “the crowd has never exceeded 200.”

    Nevertheless, Trump claimed the authority to use National Guard members against this minor protest under a federal law that permits the federal government to take command of the Guard (which is ordinarily controlled by states) if there is “a rebellion or danger of a rebellion against the authority of the Government of the United States” or if “the President is unable with the regular forces to execute the laws of the United States.”

    The Supreme Court’s Tuesday order does not even engage with Trump’s implausible claim that several dozen people protesting an immigration facility (some of whom have been charged with crimes) constitute a “rebellion.” Instead, it focuses largely on Trump’s claim that he could deploy the Guard because he is “unable” to execute US law without it.

    The first part of the Court’s response to Trump is a bit alarming. The Court’s order explains that the words “regular forces,” as it is used by the relevant statute, “likely refers to the regular forces of the United States military.” Thus, Trump cannot use the National Guard unless he is somehow unable to enforce the law by using the full might of the United States Army, Navy, Air Force, and Marines.

    This argument could be troubling, because it seems to goad Trump into actually attempting to use the regular Army or Marines on political protesters. But, the Court’s Illinois order also contains some language suggesting that his power to use the regular military is also limited.

    The circumstances when Trump may do so, the Court explains, are “exceptional.” That is because a separate federal law prohibits the military from “execut[ing] the laws” outside of “cases and under circumstances expressly authorized by the Constitution or Act of Congress.” And, as the Court’s brief order notes, Trump “has not invoked a statute” that permits him to use the regular military to execute the laws.

    That said, the Illinois order is unlikely to be the end of this conflict. As Kavanaugh notes in his separate opinion, Trump might attempt to deploy regular troops under the Insurrection Act, which permits the military to “suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy” — but only in limited circumstances.

    The Justice Department has long interpreted these circumstances very narrowly. A 1964 memorandum signed by then-Deputy Attorney General Nicholas Katzenbach, for example, indicates that the Insurrection Act may only be invoked when “those engaging in violence are either acting with the approval of state authorities or have, like the Klan in the 1870s, taken over effective control of the area involved.”

    Continue/Read Original Article Here: Supreme Court says Trump’s attempt to use the military on Americans went too far | Vox

    Tags: Ice, Immigration and Customs Enforcement (ICE), Limit Trump's Authority, On Americans, Republicans, SCOTUS, Supreme Court, Too Far, Trump, Trump Loss, Unconstitutional, Use of Military, Vox
    #Ice #ImmigrationAndCustomsEnforcementICE #LimitTrumpSAuthority #OnAmericans #Republicans #SCOTUS #SupremeCourt #TooFar #Trump #TrumpLoss #Unconstitutional #UseOfMilitary #Vox
  10. #ICEBlock lawsuit: #Trump admin bragged about demanding App Store removal

    In a lawsuit filed against top Trump administration officials on Monday, #Apple was accused of caving to #unconstitutional government demands by removing an #Immigration and Customs Enforcement-spotting app from the App Store with more than a million users.
    #ice #privacy #firstamendment

    arstechnica.com/tech-policy/20

  11. #Chicago’s been doing just fine, & then these guys showed up,” Vasquez said of federal #immigration officers. “There is big concern about what these unidentified, #masked men are doing in this city without accountability. Chicagoans are just trying to live their life. We’re not going to tolerate #unconstitutional #authoritarianism.”

    #Trump #law #StateSponsoredAbduction #RightToProtest #CivilRights #HumanRights #DueProcess #fascism #MafiaState #PoliceBrutality #ICE #CBP #Gestapo #WhiteSupremacy

  12. @Bethanyrberger, Professor Kathryn Fort, Attorney Ian Gershengorn, and Chairwoman Cheryl Andrews-Maltais are about to kick off Panel 1's discussion of #HaalandvBrackeen to chat about the history of #ICWA and #Brackeen's procedural history and posture.

    Prof. Berger shows how the case had a tumultuous history with #ICWA originally being deemed #unconstitutional in the district courts.

    #Lawfedi #legalscholarship #Lawprof

  13. @Bethanyrberger, Professor Kathryn Fort, Attorney Ian Gershengorn, and Chairwoman Cheryl Andrews-Maltais are about to kick off Panel 1's discussion of #HaalandvBrackeen to chat about the history of #ICWA and #Brackeen's procedural history and posture.

    Prof. Berger shows how the case had a tumultuous history with #ICWA originally being deemed #unconstitutional in the district courts.

    #Lawfedi #legalscholarship #Lawprof

  14. @Bethanyrberger, Professor Kathryn Fort, Attorney Ian Gershengorn, and Chairwoman Cheryl Andrews-Maltais are about to kick off Panel 1's discussion of #HaalandvBrackeen to chat about the history of #ICWA and #Brackeen's procedural history and posture.

    Prof. Berger shows how the case had a tumultuous history with #ICWA originally being deemed #unconstitutional in the district courts.

    #Lawfedi #legalscholarship #Lawprof

  15. @Bethanyrberger, Professor Kathryn Fort, Attorney Ian Gershengorn, and Chairwoman Cheryl Andrews-Maltais are about to kick off Panel 1's discussion of #HaalandvBrackeen to chat about the history of #ICWA and #Brackeen's procedural history and posture.

    Prof. Berger shows how the case had a tumultuous history with #ICWA originally being deemed #unconstitutional in the district courts.

    #Lawfedi #legalscholarship #Lawprof

  16. On Tuesday, #Johnson & #Johnson became the latest drugmaker to take the Biden administration to federal court in an attempt to put a #halt to the #drug #pricing #program. Three other drug companies — #Merck, #Bristol #Myers #Squibb and #Astellas #Pharma — have filed their own lawsuits, as have the industry’s main trade group and the U.S. #Chamber of #Commerce.

    The suits make similar and overlapping claims that the drug pricing provisions are #unconstitutional. They are scattered in federal courts around the country — a tactic that experts say gives the industry a better chance of obtaining #conflicting #rulings that will put the legal challenges on a fast track to a business-friendly #Supreme #Court.

    nytimes.com/2023/07/23/us/poli