The Law With D.K. Williams

10/24/2021

It is with heavy and broken heart that I must share with you that D.K. Williams passed away yesterday, unexpectedly, at his home in Denver.

He was an incredible man loved by so many, with so much life to share. We are devastated.

His family and loved ones are processing the shock and grief, and I ask you that you please respect our privacy during these times.

Memorial services details will be shared once arrangements are made.

We are very grateful for your prayers, until we are reunited with him again.

Thank you,

Mailyn Salabarria , Kylie, Robin Williams and David K Williams

10/06/2021

I love this story.

"The city government decided to take the property under the guise of eminent domain" in 1912. Now the family gets it back.

Now, let's undo the rest of the eminent domain forfeitures in the country.

https://www.insideedition.com/california-bill-signed-to-return-bruces-beach-valued-at-75-million-to-the-family-it-was-stolen-from

In 1912, Charles and Willa Bruce purchased the beachfront property and turned it into a resort open to Black customers. The land was later taken from them.

09/19/2021

Breyer is correct.

https://www.cnn.com/2021/09/19/politics/breyer-fareed-zakaria-gps/index.html

As the Supreme Court finds itself in an unwelcome political spotlight at the start of a new term, Justice Stephen Breyer defended the institution Sunday in an interview on CNN's "Fareed Zakaria GPS," insisting that the court is driven not by political considerations, but by judicial philosophy.

09/17/2021

Remember, if you never talk to the FBI, you can't be charged with lying to them.

There is nothing more American than refusing to talk with law enforcement.


https://www.npr.org/2021/09/16/1038035231/the-trump-russia-probe-special-counsel-has-charged-a-lawyer-with-lying-to-the-fb

A cybersecurity lawyer who worked at a law firm tied to the Democratic Party is the second person charged in John Durham's investigation into the origins of the FBI's Trump-Russia probe.

09/17/2021

He and Breyer agree on this.

And, frankly, most things.

#$SCOTUS

https://thehill.com/regulation/court-battles/572698-clarence-thomas-warns-against-destroying-our-institutions-defends

09/13/2021

I'm always amused when someone declares "the law is settled!" as if they've spoken some unbreakable oath, not realizing that was the slave states' position after Dred Scott.

09/11/2021

"Legal experts."



https://www.businessinsider.com/legal-experts-supreme-court-is-lawless-after-upholding-texas-abortion-law-2021-9

The court has come under attack for its recent decision to maintain a Texas law that bans abortions after six weeks of pregnancy.

09/10/2021

The TX abortion law will eventually be struck down, I'm confident. Seth Meyers, whoever, demonstrates his ignorance by stating that an unelected court's refusal to overturn a legislative act is undemocratic. What does he think "democracy" is?

https://www.foxnews.com/media/seth-meyers-screams-democracy-is-on-fire-after-supreme-court-texas-ruling

09/09/2021

Props to the prosecutor.

"Choi announced Wednesday his office will no longer prosecute felony cases resulting from minor traffic stops for violations like an expired registration, overly tinted windows, or broken lights."

https://t.co/mq5lH9Lee4

John Choi, the Minnesota prosecutor who charged the cop who killed Philando Castile, is already earning enemies for his groundbreaking new policy.

09/05/2021

09/03/2021

Good

https://www.nbcnews.com/news/nbcblk/former-da-indicted-allegedly-showing-favor-men-accused-killing-ahmaud-n1278416?utm_source=facebook&utm_medium=news_tab&utm_content=curated

Jaquelyn Lee Johnson is accused of violation of oath of public officer and obstruction of a police officer in her handling of the case, the Georgia attorney general announced.

08/31/2021

No, NPR, isn't "allowing" anything. They don't decide what to "allow" and "disallow." They hear legal arguments and resolve legal disputes and decide the proper application of the law.

https://www.npr.org/2021/08/26/1024668578/court-blocks-biden-cdc-evictions-moratorium

The court's six conservative justices said the CDC exceeded its authority by issuing the two-month pause on evictions in much of the country.

08/17/2021

We've discussed precedent many times before. It will be an important issue in the next several years.

An excerpt from this story:

“Power, not reason, is the new currency of this court’s decision making,” Justice Marshall wrote in Payne v. Tennessee [1991], adding that nothing else had changed since the court issued the earlier decisions, in 1987 and 1989. “Only the personnel of this court did.”

https://www.nytimes.com/2021/08/16/us/supreme-court-native-americans-oklahoma.html

Last year, the court ruled 5 to 4 that much of the state is an Indian reservation. Oklahoma wants a do-over, testing the court’s respect for the power of precedent.

08/07/2021

The law does not provide a remedy for every wrong.

And when it does, it can often cost more than it is worth.

Sometimes, the best legal advice is to let it go and move on.

06/30/2021

"When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant ... denying the defendant the benefit of that decision is an affront to fundamental fairness" ... the PA high court ruled.

https://www.nbcnews.com/news/us-news/bill-cosby-be-released-after-sexual-assault-conviction-overturned-pennsylvania-n1272748?fbclid=IwAR0v45d3-_V8rs6IRjJO9bW5UWWLdiyJhkBAc7v0-3XBwHYH1ZkBsmq-wzM

A previous prosecutor had decided not to charge the legendary comic, and he relied on that move to speak freely and give incriminating statements.

06/26/2021

It will probably not happen (at least this time), but it should. There is zero legit reason all Federal appellate courts aren't shown on live tv.

now

https://www.forbes.com/sites/andrewsolender/2021/06/24/senate-panel-approves-bill-requiring-tv-cameras-in-supreme-court/

The Senate Judiciary Committee also passed a bill to expand the use of cameras in federal courts – both passed with bipartisan support.

06/14/2021

Once again, nails it. And like I point out again and again, you don't need to be a lawyer to understand judicial opinions.

https://www.realclearmarkets.com/articles/2021/06/12/a_florida_court_sanely_rules_against_political_force_involving_masks_781195.amp.html?__twitter_impression=true

We’ve all been there – or most of us have – during these last 16 months. We’ve wondered, “Am I the crazy one or has the world gone crazy?” We were subjected to asto

06/08/2021

And interesting take from Vox.

https://www.vox.com/22522580/supreme-court-brett-kavanaugh-ruth-bader-ginsburg-women-national-coalition-men-selective-service

Much — but not all — of Justice Ginsburg’s women’s rights legacy is probably safe.

05/20/2021

If RBG had friendly relationships with Scalia and Thomas (and she did), there's no reason the rest of us can't be as gracious to those with whom we disagree.

https://www.politico.com/news/2021/05/20/ruth-bader-ginsburg-clarence-thomas-489782

The justice said Ginsburg’s “efficiency became a source of humorous banter as well as a thing of legend."

05/20/2021

Another view on Justice Breyer and retirement:

https://amp.cnn.com/cnn/2021/05/20/opinions/justice-stephen-breyer-not-retire-broyde/index.html?__twitter_impression=true

Michael J. Broyde writes that as some Democrats call for Justice Stephen Breyer to retire to allow President Biden to select a younger liberal to the bench, the move would not be so simple.

05/17/2021

Federal judges don't like being told what to do.
https://t.co/YSEOTbcdGq

In a recent speech on “the peril of politics,” Justice Stephen G. Breyer said judges must renounce loyalty to “the political party that helped to secure their appointment.”

05/05/2021

This is good, but the entire judicially created doctrine of Qualified Immunity needs to be tossed.

https://reason.com/2021/05/05/qualified-immunity-cops-killed-jesse-aguirre-fifth-circuit-court-appeals-reversed/

Up for debate was whether or not it was "clearly established" that officers cannot apply injurious force to a subject who isn't resisting.

05/04/2021

Does this qualify as age discrimination?

😉

https://www.npr.org/2021/05/03/992411437/liberals-admire-justice-breyer-now-they-want-him-to-retire?utm_source=facebook&utm_medium=news_tab&utm_content=algorithm

Democratic lawmakers and activists are urging the justice to step down in time to allow a narrow Democratic majority in the Senate to confirm a replacement.

04/29/2021

I find this case incredibly intriguing. Stay tuned.

https://www.scotusblog.com/2021/04/justices-ponder-narrow-ruling-in-student-speech-case/

The Supreme Court on Wednesday appeared conflicted over a school district’s plea to be allowed to discipline students for their speech outside of school. Some justices expressed concern about whether allowing schools to regulate off-campus speech could sweep in too much speech by young people, whi...

04/26/2021

Prepare yourself for a deluge of anti-gun arguments based on policy instead of the words of the Constitution. In sum, "guns are bad" isn't a constitutional argument.

https://reason.com/2021/04/26/scotus-just-agreed-to-hear-a-major-new-second-amendment-case/

The Supreme Court will hear arguments next term in New York State Rifle & Pistol Association v. Corlett.