Ken Klukowski

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Articles by Ken Klukowski

Breaking: Kim Davis Appeals Contempt Order and Jail

Kim Davis’s lawyers just filed an emergency appeal with the U.S. Court of Appeals for the Sixth Circuit, challenging U.S. District Judge David Bunning’s holding Davis in contempt of court, and ordering her taken into immediate federal custody by federal

The Associated Press

Supreme Court Denies Relief to Christian County Clerk—For Now

The Supreme Court is denying a Kentucky county clerk’s application to stay a lower court’s ruling that she must begin issuing marriage licenses to same-sex couples. While government officers have religious liberty rights, some question whether the stronger legal argument would be to claim a personal religious liberty right to object to same-sex marriage, but not to claim governmental authority to ban her deputies from issuing those licenses, either.

Carlos McKnight holds up a flag in support of gay marriage outside of the Supreme Court in

Supreme Court Mistake That Opened the Door to Birthright Citizenship

Advocates of birthright citizenship are finally getting their act together, moving away from commentators who are manifestly clueless on the legal arguments for and against the proposition that the Fourteenth Amendment guarantees citizenship to every child born in America, shifting their focus to lawyers and scholars who have seriously studied this issue and can give a serious defense of birthright citizenship—a serious defense that, nonetheless, is wrong.

.AP Photo

History and Law Agree: No Birthright Citizenship

Conservative Republicans have been saying for years that the Constitution only guarantees birthright citizenship to some children born in this country, not to all. In an unlikely turn of events, the Fourteenth Amendment’s Citizenship Clause has emerged from the halls of the law-geeks to come front-and-center in the national dialogue.

AP Photo/Seth Robbins

Media Ignores Constitutional Experts Debunking Birthright Citizenship

Myths about birthright citizenship—promoted by liberals, embraced by establishment Republicans, and repeated by mainstream media pundits without critical examination—have been debunked by experts spanning the political spectrum. But none of those people are being given A-list treatment by major media

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Liberal and Establishment Arguments for Birthright Citizenship Fail

Most arguments for birthright citizenship pushed by the political left and many establishment Republicans are baseless. For those who do try to make a legal argument, the strongest one is based upon two Supreme Court precedents, which were wrongly decided and should be overruled.

Mother and baby AP Photo Tony Dejak

Constitution Doesn’t Mandate Birthright Citizenship

Parts of Donald Trump’s immigration plan may raise serious constitutional questions, but the part that launched a media firestorm—ending birthright citizenship for the children of illegal aliens—does not.

The Associated Press

Immigration and the Politics of Impeachment

President Barack Obama’s surrogates are talking up his own impeachment, ginning up his base for the midterms. It can make some wonder if he’s intentionally pushing forward to create a constitutional crisis for political gain later this year and a

Immigration and the Politics of Impeachment

The Truth About Obama's Executive Orders That Republicans Fail to Explain

President Barack Obama and his supporters tout the fact that he’s issued fewer executive orders than other recent presidents, suggesting Republicans are pushing a non-issue. But Republicans seem incompetent at explaining why the number is irrelevant; the problem is that

The Truth About Obama's Executive Orders That Republicans Fail to Explain

Obamacare Going Back to Supreme Court

Late Thursday, lawyers challenging a key part of Obamacare petitioned the U.S. Supreme Court to take their case. The Court is very likely to grant the petition, resulting in oral argument in January or February of 2015 and a decision

Obamacare Going Back to Supreme Court

Justice Ginsburg Hints Next President May Pick Her Replacement

Justice Ruth Bader Ginsburg plans on staying on the U.S. Supreme Court for the time being, creating the possibility that her seat will be a factor in the 2016 presidential election. On July 30, Ginsburg sat down with Katie Couric

Justice Ginsburg Hints Next President May Pick Her Replacement

Mark Levin Takes Obama's EPA to Task in Court

Talk radio’s Mark Levin is in a legal knife fight with Barack Obama’s Environmental Protection Agency and may have the EPA by the throat in what would be a humiliation for the Obama White House. Levin is a talk radio

Mark Levin Takes Obama's EPA to Task in Court

Racial Preferences Could Return to Supreme Court Next Year

This decade’s biggest racial-preference case may be heading for a second round in the U.S. Supreme Court, as a federal appeals court yesterday narrowly sided with the University of Texas (UT) granting preferential treatment based on skin color. Abigail Fisher

Racial Preferences Could Return to Supreme Court Next Year

Chris Christie's Problem: Nobody Wants Him for President

Last week, Fox reported Gov. Chris Christie (R-NJ) was courting support from people who usually back Democrats, and this week, a conservative group began pummeling him for his liberal judicial appointments. Together, these highlight his fatal flaw: neither the Republican

Chris Christie's Problem: Nobody Wants Him for President

School Claims Student Has No First Amendment Right Against Censorship

California’s Brawley Union High School District insists it can forbid Christian students from mentioning their faith in Jesus Christ, claiming that if they allow a student to speak publicly, then that student is merely an agent of the California state

School Claims Student Has No First Amendment Right Against Censorship

BREAKING: Supreme Court Takes Case on Church Free Speech Rights

Tuesday, the Supreme Court announced it will take another major religious liberty case, this one for its next term, which begins on October 6th. Reed v. Town of Gilbert is a case brought by Alliance Defending Freedom (ADF), a First

BREAKING: Supreme Court Takes Case on Church Free Speech Rights

Supreme Court to Police about Cell Phones: 'Get a Warrant'

On June 26 the Supreme Court handed down a major unanimous decision in Riley v. California, consolidating two cases presenting the question of “whether the police may, without a warrant, search digital information on a cell phone seized from an

Supreme Court to Police about Cell Phones: 'Get a Warrant'

Unanimous SCOTUS: Obama Recess Appointments Violated Constitution

Today the Supreme Court unanimously held that President Barack Obama violated the Constitution when he made several appointments to the National Labor Relations Board (NLRB) and other agencies without Senate approval.  The Appointments Clause of the Constitution requires that all

Unanimous SCOTUS: Obama Recess Appointments Violated Constitution

Major Setback for Net-Based TV at Supreme Court

Today in ABC v. Aereo, a divided Supreme Court held companies that stream content over the Internet are legally the same as cable companies, and violate copyright laws by carrying someone else’s content. Aereo provides paying subscribers with a service

Major Setback for Net-Based TV at Supreme Court

Divided Federal Appeals Court Strikes Down Utah's Marriage Law

In a 2-to-1 decision, the U.S. Court of Appeals for the Tenth Circuit in Kitchen v. Hebert affirmed a lower court’s ruling holding that traditional marriage laws violate the Constitution. The case will likely soon go to the U.S. Supreme

Divided Federal Appeals Court Strikes Down Utah's Marriage Law

Obama EPA Suffers Humiliating Defeat at SCOTUS

“An agency has no power to ‘tailor’ legislation to bureaucratic policy goals by rewriting unambiguous statutory terms,” the Supreme Court declared Monday in Utility Air Regulatory Group v. EPA, rejecting the Obama administration’s unprecedented claim of executive power under the

Obama EPA Suffers Humiliating Defeat at SCOTUS