A judge ruled that Kansas Secretary of State Kris Kobach must take continuing education classes to achieve a better understanding of the law. While hearing a challenge to Kansas Safe and Fair Elections Act, Judge Julie Robinson, was concerned about Kobach's familiarity with the law: "The disclosure violations set forth above document a pattern and practice by Defendant of flaunting disclosure and discovery rules that are designed to prevent prejudice and surprise at trial ... It is not clear to the Court whether Defendant repeatedly failed to meet his disclosure obligations intentionally or due to his unfamiliarity with the federal rules. Therefore, the Court finds that an additional sanction is appropriate in the form of Continuing Legal Education. Defendant chose to represent his own office in this matter, and as such, had a duty to familiarize himself with the governing rules of procedure, and to ensure as the lead attorney on this case that his discovery obligations were satisfied despite his many duties as a busy public servant. The Court therefore imposes a CLE requirement of 6 hours for the 2018-2019 reporting year in addition to any other CLE education required by his law license. These 6 additional hours must pertain to federal or Kansas civil rules of procedure or evidence. Defendant shall file a certification with this Court before the end of the reporting period on June 30, 2019, certifying that this CLE requirement has been met." read more
Without question, the president is not "above the law." The far more important question, as I explained in an Associated Press interview, is what "law" applies to the president? The law applies to the president differently than it does everyone else. Actions that are within the law for the president, are above the law for everyone else. Only the president can issue a pardon, for example, supervise the entire executive branch, remove officers of the United States, negotiate foreign relations, and exercise a host of other powers vested by the Constitution. Congress's general power to control federal officials -- including by imposing criminal penalties for obstruction -- is constrained when it comes to the president. In a related context, as the Supreme Court recognized in Zivotofsky v. Kerry, the president is under no obligation to comply with a statute that infringes on his executive powers.
N.Y. Senate Bill 2318, just unanimously passed by the state Senate this week, would make it a crime for any person (adult or minor) to "knowingly engage in a repeated course of cyberbullying of a minor." The new provision would become § 12-a of the New York Education Law, and § 11 of the Law defines "cyberbullying" as "harassment or bullying" "through any form of electronic communication," and defines "harassment or bullying" in turn as[:]