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  • Commentary posted March 25, 2015 by Hans A. von Spakovsky Will the Obama Administration Be Sanctioned for Misleading Judge Hanen?

    As expected, the Justice Department had a very tough time in federal court yesterday. Appearing before Judge Andrew Hanen down in Brownsville, Texas, DOJ attorneys strove mightily to explain away how the Department misled the court in the immigration lawsuit filed by 26 states against President Obama’s amnesty plan. Both the AP and a private source who was in the…

  • Commentary posted March 18, 2015 by Hans A. von Spakovsky Please Explain 100,000 Deferrals for Illegal Aliens

    There has been a flurry of procedural developments in the lawsuit filed by 26 states in a Texas federal court against President Obama’s amnesty plan for 5 million illegal aliens. On March 19, Justice Department lawyers — and officials of the Department of Homeland Security (DHS) — will be in the hot seat at a hearing scheduled by Judge Andrew Hanen. Sitting in the dock,…

  • Commentary posted March 16, 2015 by Hans A. von Spakovsky What the Ferguson Report Really Exposed

    We’ve all seen them—the unsolicited, chain emails that occasionally dump tasteless or racist jokes in our inboxes.  I delete them immediately.  End of story. Yet, somehow, the media has obsessed over the (admittedly noxious) emails found in the files of a few individuals in the Ferguson, Mo., Police Department. The emails were noted in a March 4 report issued by the…

  • Testimony posted February 27, 2015 by Hans A. von Spakovsky The President’s Executive Actions on Immigration and Their Impact on Federal and State Elections

    Testimony before theHouse of Representatives, Committee on Oversightand Government Reform, Subcommittee on National Security and theSubcommittee on Health Care, Benefits, and Administrative Rules February 12, 2015 Hans A. von Spakovsky Senior Legal Fellow The Heritage Foundation My Background and Experience My name is Hans A. von Spakovsky.[1] I am a Senior Legal…

  • Testimony posted February 26, 2015 by Hans A. von Spakovsky Advance Notice of Proposed Rulemaking on Aggregate Biennial Contribution Limits

    Testimony before the Federal Election Commission February 11, 2015 Hans A. von Spakovsky Senior Legal Fellow The Heritage Foundation Introduction My name is Hans A. von Spakovsky.[1] I am a Senior Legal Fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are my own, and should not be…

  • Legal Memorandum posted February 11, 2015 by Hans A. von Spakovsky, Roger Clegg Felon Voting and Unconstitutional Congressional Overreach

    Whether—or when—felons should have their voting rights restored is a public policy issue that is open to debate, but there is no question that the authority to decide this issue lies with the states, not with Congress. A federal bill such as S. 2550, sponsored by Senator Rand Paul (R–KY)—which would restore the right to vote to nonviolent felons after they have served…

  • Commentary posted February 10, 2015 by Hans A. von Spakovsky Eric Holder's State of Historic Denial

    Departing attorney general Eric Holder’s claim this week in a press conference that there has “been no politicization” of the Justice Department under him makes it appear as if he is living in a Potemkin-like state of denial in the main Justice building. Holder went so far as to claim that he had been forced to clean up the department he took over from the Bush…

  • Commentary posted February 10, 2015 by Hans A. von Spakovsky Obama's false claims of voting rights denied

    If President Obama really believes his State of the Union claim that the right to vote is still “being denied to too many,” he should give Attorney General Eric Holder a serious dressing-down. According to its own records, the Department of Justice (DOJ) didn’t initiate a single case in 2014 claiming that anyone had denied someone the right to vote. Section 2 of the…

  • Commentary posted February 5, 2015 by Hans A. von Spakovsky Hitting the Ground Running

    Just weeks into his tenure as Nevada’s new Republican attorney general, Adam Laxalt has boldly joined 25 other state attorneys general in a lawsuit claiming that President Obama’s immigration plan is both unconstitutional and a violation of federal law. Laxalt’s decision to join the lawsuit flies in the face of opposition from the state’s popular Republican governor,…

  • Commentary posted January 29, 2015 by Hans A. von Spakovsky The Questions Loretta Lynch Needs to Answer

    When attorney general nominee Loretta Lynch appears before the Senate Judiciary Committee for a two-day confirmation hearing this Wednesday and Thursday, there are many questions she must answer in detail — not just about her conduct as the U.S. Attorney for the Eastern District of New York, but also about her views of the law and specific, deeply troublesome actions (and…

  • Commentary posted January 29, 2015 by Hans A. von Spakovsky When will Obama stop making false claims about Citizens United?

    At almost the same time that protesters mad about the Citizens United decision were disrupting the start of the Supreme Court’s session on Wednesday, the White House issued a “Statement from the President” condemning the decision on its fifth anniversary. And once again, President Obama repeated the same false claim about “foreign corporations” that he made in his State…

  • Commentary posted January 14, 2015 by Hans A. von Spakovsky, Elizabeth Slattery The End of ‘Disparate Impact’?

    On January 21, the U.S. Supreme Court will hear oral arguments in a case involving the Obama administration’s favorite dubious legal theory, “disparate impact.” Then again, maybe it won’t — because the administration or some of its more radical allies in the civil-rights movement might snatch the case out of the court’s hands by engineering an eleventh-hour settlement.…

  • Commentary posted December 22, 2014 by Hans A. von Spakovsky War over Obama’s Amnesty Moves to the Courts

    The U.S. Justice Department and the Obama administration have lost their first battle in the war over the president’s plan to provide “deferred action,” or amnesty, to almost 5 million illegal aliens. When the judge for a Pennsylvania federal district court held on December 16 that President Obama’s “Executive Action is unconstitutional because it violates the separation…

  • Commentary posted December 5, 2014 by Hans A. von Spakovsky Obama's Ferguson Misstep

    Perhaps the biggest problem with the reaction of President Obama and his attorney general, Eric Holder, to the grand jury verdict in Ferguson is their non-support for the difficult work of the grand jury. That and their support for the mistaken proposition that the administration of justice is unfair, biased, and prejudiced towards “communities of color” undermine our…

  • Commentary posted November 25, 2014 by John Malcolm, Hans A. von Spakovsky President Barack Obama's Unilateral, and Unconstitutional, Move

    According to The Associated Press, as well as some Democratic representatives, President Barack Obama's plan to provide executive amnesty to about 5 million illegal immigrants is no different than unilateral actions by Presidents Ronald Reagan and Georgia H.W. Bush. However, this claim plays fast and loose with history. It also fails to explain the significant difference…