Thomas M. Crowley, Attorney and Counselor At Law

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The October 2018 term is moving along, with all the “big” cases either awaiting decision or yet to be argued. Over the next few months, I will be highlighting the Supreme Court cases that I think are the most important–and the most interesting. But what makes a Supreme Court case important? (I’ll talk about “interesting” a bit later.) It’s a Supreme Court case, after all, so aren’t they all important? In one sense, yes: every…
As my final post for 2018, I plan to cover two topics, one that people have been talking about nearly non-stop and one that (I hope) will put a smile on your face to end the year. Some might call this post a bit schizophrenic. I prefer well-rounded. Can the President be indicted? I’m going to approach this issue from a purely legal standpoint. There are policy and political questions galore, some of which might…
On October 12, 2000, the guided-missile destroyer U.S.S. Cole was attacked while refueling in the port of Aden, Yemen. 17 American sailors were killed, 39 were injured. Al-Qaeda claimed responsibility for the attack; the Republic of Sudan was (and is) thought to have aided al-Qaeda.  On November 7, 2018, 38 years later, the Supreme Court heard oral arguments in a suit brought by some of the injured sailors, their families, and the families of some of the…
They didn’t call it “The Paper Chase” for nothing. What have I been up to? Well, this photo should give you a clue. Along with blogging about the law, I have begun to practice it (again), I am now a volunteer attorney with the BIA Pro Bono Project of the Catholic Legal Immigration Network (CLINIC). What the lawyers in the program do is represent immigrants before the Board of Immigration Appeals (BIA). We are their…
We’ve all heard it. Whether it’s “What about her emails?” applied to Hilary Clinton or “There were good people on both sides” as applied to Charlottesville or “The CIA is just as bad as the KGB” back in the day and all the way back to Lenin (pictured above), the idea that one side is just as bad as the other has had a long and unhealthy life in the political and policy debates of…
As I posted last November, President Trump is the defendant in three separate lawsuits involving his alleged violation of both the Foreign and Domestic Emoluments Causes. (For those of you who are new to this topic, I recommend reading my original post, which gives you the background on the emoluments issue, the three cases, and links to more and updated information). This post is an update on the case brought by the District of…
“Treason” is one of those legal terms that people tend to use in conversation but have no real notion of what it means. And while it is acceptable at some level to use legal terms loosely in conversation because most listeners understand what is meant, “treason” is a term that carries such weight that I think care must be taken when we use the term and some knowledge of what is behind the term ought…
The October 2017 term of the Supreme Court is over, and the October 2018 term does not begin until the first Monday of October (which happens to be October 1). A loyal follower of this blog asked what happens between now and then at the Supreme Court? How do they handle emergencies and their regular cases? What, in fact, does the Supreme Court do during their three-month summer break? Well, unless there is an emergency…
The October 2017 term of the Supreme Court ended last week, in a blizzard of opinions, 15 since my last post (6/21), including Carpenter (the cell phone Fourth Amendment case), the Travel Ban 3.0 case, and Janus (the employee shop fee/First Amendment case). And I promised in my last post on Wayfair (who now has “just what I need” plus applicable sales tax) to talk about Gill v. Whitford, the Wisconsin gerrymandering case, and Benisek v. Lamone, the gerrymandering case out…
Back in January, I noted the grant in South Dakota v. Wayfair under the title “Hold On To Your Wallets.” In that post, I noted that squarely before the Court was one issue: should Quill v. North Dakota,  the case that requires a company, including an internet seller, to have a “physical presence” in the state to be required to collect state sales taxes, be overruled. We got the answer today. By a 5-4 margin, the Court, in an opinion by Justice…