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Hawley clashes with UPenn law professor over judicial injunctions

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Hawley clashes with UPenn law professor over judicial injunctions

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Sen. Josh Hawley, R-Mo., clashed Tuesday with a University of Pennsylvania law professor over the number of nationwide judicial injunctions imposed by district judges against President Donald Trump’s executive actions on matters including deportations, tariffs, and cuts to federal funding and the federal workforce. 

During the Senate Judiciary subcommittee hearing titled “The Supposedly ‘Least Dangerous Branch’: District Judges v. Trump,” Hawley displayed a bar chart to argue that nationwide injunctions against the executive branch, which had not been used until the 1960s, surged when Trump came into office for his first term and then dramatically dropped again during former President Joe Biden’s time at the White House. 

“Now, you don’t think this is a little bit anomalous?” Hawley asked University of Pennsylvania law professor Kate Shaw. 

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Sen. Josh Hawley, R-Missouri, speaks to members of the media during a vote at the U.S. Capitol in Washington, D.C., on Monday, June 2, 2025.  (Al Drago/Bloomberg via Getty Images)

Shaw, a Supreme Court contributor for ABC News who previously worked for former President Barack Obama’s White House Counsel’s Office, responded, “A very plausible explanation, senator, you have to consider is that [Trump] is engaged in much more lawless activity than other presidents. Right?” 

“This was never used before the 1960s,” Hawley said. “And suddenly Democrat judges decide we love the nationwide injunction. And then when Biden comes office, no, no.” 

Shaw cited Mila Sohoni, a Stanford Law School professor, as suggesting that the first nationwide injunction came in 1913 and others were issued in the 1920s. 

“The federal government was doing a lot less until 100 years ago,” she said. “There’s many things that have changed in the last hundred or the last 50 years.” 

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“So as long as it is a Democrat president in office, then we should have no nationwide injunctions?” Hawley shot back. “If it’s a Republican president, then this is absolutely fine, warranted and called for? How can our system of law survive on those principles?” 

Shaw said she believes a system where there “are no legal constraints on the president is a very dangerous system of law,” but the Republican from Missouri contended that’s not what the law professor believed when Biden was president. 

“You said it was a travesty for the principles of democracy, notions of judicial impartiality and the rule of law,” Hawley said. “You said the idea that anyone would foreign shop to get a judge who would issue a nationwide injunction was a politician, just judges looking like politicians in robes. Again, it threatened the underlying legal system. People are just trying to get the result they wanted. It was a travesty for the rule of law. But you’re fine with all of that if it’s getting the result that you want.” 

Kate Shaw, professor of law at the University of Pennsylvania Carey Law School, testifies during a Senate Committee on the Judiciary joint subcommittee hearing to examine District Judges v. Trump, on Capitol Hill, Tuesday, June 3, 2025. (AP Photo/Rod Lamkey, Jr.)

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Hawley cited Shaw’s stance in a specific abortion pill ruling during Biden’s presidency. In April 2023, U.S. District Judge Matthew J. Kacsmaryk of the Northern District of Texas issued a nationwide injunction on the Biden Food and Drug Administration’s mifepristone rules, which Shaw described at the time as “a travesty for the principles of democracy, notions of judicial impartiality and the rule of law.” 

Hawley said she had failed to offer a legitimate principle for issuing nationwide injunctions now. 

“I understand you hate the president,” the senator told Shaw. “I understand that you love all of these rulings against him. You and I both know that’s not a principle. You’re a lawyer. What’s the principle that divides when issuing a nationwide injunction is OK and when it is not? When the Biden administration was subject to nationwide injunctions, you said that they were travesties for the principle of democracy.” 

“When it’s Biden, it’s OK. When it’s Biden, oh, it’s a travesty. When it’s Trump in office, it’s a no holds barred, whatever it takes,” the senator added. 

Senate Judiciary Committee member Sen. Cory Booker, D-N.J., greets University of Pennsylvania law Professor Kate Shaw before a subcommittee hearing about the unprecedented number of nationwide judicial injunctions against President Donald Trump on June 3, 2025, in Washington, D.C.  (Chip Somodevilla/Getty Images)

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Hawley said Shaw and his Democratic colleagues were raising “very principled injunctions” to nationwide injunctions issued against Biden just nine months ago and “all that’s changed in nine months is the occupant of 1600 Pennsylvania Avenue.”

“I realize that my colleagues on this side of the aisle very much dislike that individual,” Hawley said, referring to Trump. “And I realize that you think that the rulings that he has lost are fundamentally sound.”

“I disagree with all of that, but we can put that to one side. The question we’re talking about here is, ‘Should judges, single judges, district court judges be able to bind nonparties who are not in front of them?’ And you used to say no. Now you say yes,” he said. “Let’s be consistent. I would just suggest to you our system of government cannot survive if it’s going to be politics all the way down.” 

Shaw responded that “democracy is not as simple as majority rule,” but Hawley interjected, saying, “You would have it as simple as majority rule. When you get the majority you like, you’re for the nationwide injunction. When you don’t, you’re not.” 

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The growing list of controversies threatening Democrat Graham Platner’s Maine Senate bid

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The growing list of controversies threatening Democrat Graham Platner’s Maine Senate bid

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Maine Democratic Senate candidate Graham Platner has emerged as one of the party’s fastest-rising political figures, drawing national attention for his populist message and outsider image.

But as his profile has grown, so has scrutiny of his past conduct, with controversies ranging from sexually explicit messages and offensive social media posts to a Nazi-linked tattoo and campaign staff upheaval.

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In continued clean-up of those scandals, Platner came to Washington, D.C. on Tuesday to huddle with party figures at the Democratic Senatorial Campaign Committee headquarters just one week before his primary election.

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The Marine veteran and oyster farmer has defended himself against the criticism and retained the support of prominent Democrats, including Senate Minority Leader Chuck Schumer, D-N.Y., and Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass. Still, some have questioned whether the allegations could complicate Democrats’ efforts to unseat Sen. Susan Collins, R-Maine, in one of the nation’s most closely watched Senate races.

Here’s a look at the major controversies that have engulfed Platner’s campaign.

Explicit text messages and sexting allegations

Senate candidate Graham Platner is under fire, but it was his wife Amy Gertner coming out with a controversial five-minute social media post by the campaign to denounce the ‘attacks’ while she did not deny the allegations of infidelity in a new marriage. (Joe Raedle/Getty Images)

The most recent controversy surrounding Platner stems from reports that he exchanged sexually explicit messages with multiple women during his marriage, an issue that campaign aides were reportedly aware of as his Senate bid was taking shape.

The Wall Street Journal reported that Platner’s wife, Amy Gertner, informed a campaign aide about the text exchanges shortly after he launched his Senate bid as staffers were assessing potential political liabilities.

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According to the report, Gertner discovered the messages months after the couple married in 2024 and disclosed their existence before her husband held a campaign rally alongside progressive Sen. Sanders. The campaign told Politico that the aide viewed the matter as a private issue between the couple and did not raise concerns about it publicly.

SENATE CANDIDATE GRAHAM PLATNER SENT EXPLICIT TEXTS TO MULTIPLE WOMEN WHILE MARRIED, WIFE SAYS: REPORT

Platner’s campaign later confirmed the existence of the text exchanges to Politico.

He also told Fox News Digital in a statement: “Amy and I went through something hard — because of me. We did the work, and I’m grateful for her every hour of every day.”

“I’ve learned throughout this campaign is that people don’t care about gossip or headlines, they care that you’re fighting for their hospitals, their paycheck, their kids… Our opponents want politics to be empty of content and empty of actual change — and beating that is exactly what our movement is about,” he added.

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In a statement to the Journal, Gertner criticized the disclosure of the information, saying she had shared “deeply personal details” about her marriage with someone she considered a friend, only to see those details become public.

She revealed that the two attended couple’s counseling, worked through the issues in their marriage and have since emerged as a stronger couple.

“I know who Graham is. I know the man I married and the husband he has been to me on the best and the worst days of my life,” Gertner said. “That hasn’t changed, and it won’t.”

Nazi-linked tattoo

Graham Platner, a Democratic candidate for U.S. Senate in Maine, points to a covered tattoo that was previously recognized as a Nazi symbol during an interview in Portland, Maine, on Oct. 22, 2025. (WGME via AP)

Platner’s campaign also faced intense scrutiny after it was revealed he once had a skull-and-crossbones tattoo on his chest closely resembling the “Totenkopf” symbol used by Hitler’s SS paramilitary forces.

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The Maine Democrat said he got the tattoo during a “night of drinking” while on leave in Croatia in 2007 as a Marine and claimed he was entirely unaware of its meaning at the time.

In an Instagram video posted in May, Platner elaborated on the tattoo’s origins. He explained that he merely selected the design from a flash tattoo wall while “carousing” with fellow Marines in Split, Croatia.

“We thought it looked cool,” he downplayed.

Platner said he was later “appalled” to learn the image resembled a Nazi symbol, arguing that his life and career have been defined by opposition to fascism, racism and Nazism. He also noted that he was never questioned about the tattoo during his military service.

MAINE DEM SENATE HOPEFUL BACKED BY BERNIE SANDERS APOLOGIZES FOR NAZI-STYLE TATTOO, VOWS TO STAY IN RACE

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Rather than undergo removal, Platner said he chose to cover the tattoo because tattoo removal services were not readily available near his rural Maine home.

“Going to a tattoo removal place is going to take a while,” he told The Associated Press. “I wanted this thing off my body.”

The symbol was ultimately covered with a tattoo featuring a Celtic knot and images of dogs, which Platner said were meant to honor his family pets.

Deleted Reddit posts reveal offensive comments

U.S. Senate candidate from Maine Graham Platner speaks during a campaign event on May 17, 2026, in Portland, Maine. (Joe Raedle/Getty Images)

The keystone scrutiny Platner has faced during his bid stemmed from thousands of now-deleted Reddit posts that resurfaced after he launched his Senate campaign.

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In posts first reported by CNN and Politico, Platner referred to himself as a “communist” and “socialist” and endorsed the slogan “all cops are b—–ds.”

In other posts, he argued that those who “expect to fight fascism without a good semi-automatic rifle, they ought to do some reading of history” and said that “an armed working class is a requirement for economic justice.”

DELETED POSTS URGING VIOLENCE HAUNT DEMOCRATIC SENATE HOPEFUL IN MAINE RACE

The posts under his since-retired username “P-hustle” were deleted before Platner announced his Democratic Senate bid in August.

The candidate has since addressed the posts multiple times, telling CNN and Politico that he was “f—ing around on the internet” during a period when he felt “lost and very disillusioned with our government who sent me overseas to watch my friends die.”

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“I made dumb jokes and picked fights,” Platner said. “But of course I’m not a socialist. I’m a small business owner, a Marine Corps veteran, and a retired s—poster.”

In the posts Platner made crude comments about masturbating in port-a-potties and claimed a U.S. service member who took enemy fire in Afghanistan “didn’t deserve to live.”

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The controversies have done little to erode Platner’s standing within the Democratic Party as he has continued to attract national attention and grassroots support in the Democratic primary bid to challenge Sen. Collins for her seat.

Since former Democratic Maine Gov. Janet Mills halted her campaign in April, much of the party establishment has consolidated behind Platner, and national Democrats have continued to support his candidacy despite the flurry of scandals.

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The steady stream of allegations and past controversies has also drawn attention to a little-known provision in Maine election law that allows political parties to replace a nominee under certain circumstances after a primary election.

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Under state law, a candidate who wins a primary and subsequently withdraws by 5 p.m. on July 13 can be replaced by a nominee selected by party officials. Any replacement candidate must then be chosen by 5 p.m. on July 27.

There is currently no indication that Platner plans to withdraw from the race, and the Democratic hopeful has repeatedly vowed to continue his campaign. Still, the provision has drawn renewed interest as questions persist about whether additional revelations could complicate his candidacy.

Platner’s campaign did not immediately respond to Fox News Digital’s request for comment.

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Commentary: Bass clears first hurdle, but if Pratt holds off Raman, the mayoral race could be a holy war

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Commentary: Bass clears first hurdle, but if Pratt holds off Raman, the mayoral race could be a holy war

L.A. Mayor Karen Bass made what sounded like a victory speech Tuesday night.

Councilmember Nithya Raman made what sounded almost like a concession speech.

And former reality TV star Spencer Pratt relayed a message from the heavens.

“Well, obviously God wanted five more months of me exposing all the failures of our mayor, so it’s gonna be a fun ride,” Pratt said. “I hope she’s ready.”

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Assuming Pratt holds on to one of the two spots in the Nov. 3 general election as the final votes are tallied in the next few days, the smart money will be on Bass, for reasons I’ll get into in a moment.

But the supreme being and patron of all pontiffs has to be considered a wild card. This is the first time, to my knowledge, that an incumbent mayor in the City of Angels would be running against a challenger whose campaign manager is God Almighty.

So here we go. We could be in for one of the more remarkable electoral adventures in city history, with a complete novice and MAGA conservative going up against a liberal career politician in a deep-blue city and state full of people who are tired of hearing excuses from Democrats. (If Raman ends up ousting Pratt, my apologies for jumping to conclusions. But it’s not my fault. The devil made me do it.)

If you intend to follow closely, as of course you should, maybe you can help me count the number of times Pratt plays the faith card. I went to St. Peter Martyr School and attended the church by the same name, and I don’t recall ever hearing a nun or a priest drop God’s name as often as Pratt does.

In fact, I just watched a clip of Pratt talking to Fox News TV host and Donald Trump disciple Kayleigh McEnany, and over the course of 1 minute and 52 seconds, he mentioned God or Jesus 10 times.

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“Thankfully, I married an angel who was very connected with Jesus and has brought me to the light,” Pratt said of his wife and former reality TV co-star Heidi Montag. “It’s been very empowering to just pray and just be on his path and just say, ‘God, if you want me to save these animals, save these humans and protect my city, just keep putting me in the place where I can do that.’”

Is he running for mayor or cardinal?

Look, I totally respect your average true believer. But I’m not entirely comfortable with a mayor who might be sitting around City Hall waiting for signs and smoke signals rather than knowing what to do on his own.

God has a lot on his plate. He might be busy multiplying fishes and loaves so people don’t go hungry thanks to the president’s tariffs and warmongering. Is he going to rush to answer a prayer for guidance about underfunded parks or broken sidewalks in Los Angeles?

How did we get here, you ask?

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Well, Pratt is an AI creation, in a way. A composite of sorts. You combine the forces of social media, political rebellion, second-rate celebrity obsession and the Peter Principle, and here’s a little Trump puppet walking around L.A. like he’s the chosen one.

Add to that the very real essence of his appeal to some voters:

Los Angeles has problems. Big problems that don’t get fixed quickly enough or at all, and Pratt represents the angry voter who wants to know why City Hall can’t do better and where all the money went. He’s absolutely right when he says we shouldn’t have people living on the streets, using drugs on the streets and dying on the streets.

But if Pratt is in the general election rather than Raman, we’re in for a national media circus rather than a summit on solutions. Raman is well-versed on matters of relevance and could have pushed back against Bass in substantive, detailed ways. On the other hand, as Pratt has fairly argued, Raman headed City Council’s homelessness committee, so isn’t she partly to blame for the failures she tried to pin on Bass?

As for Pratt’s policy chops, he has not responded to my offers of a get-together. Absent that, and given his careful avoidance of local reporters who know their stuff, I read his platform on his campaign website and I can tell you that while he touches on many of the right issues — public safety, fiscal integrity, homelessness — attention to detail and depth of knowledge are not God-given strengths.

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Maybe Pratt can actually deliver on his promise of a “treatment-led recovery model that addresses mental illness and addiction as the primary drivers of chronic homelessness.” But that would require an act of God (which I suppose is possible given their relationship), because those matters are primarily under the direction of the county, not the city.

This is the main problem here. Bass was beatable, and could have been pushed by a serious challenger to do better.

In the last election, Rick Caruso gave her a scare. That was partly because he had some depth on the issues, he was a successful businessman and philanthropist, he had served on the police commission and the water and power board, he had built relationships across the city and, along with his family, he had poured time and millions of dollars into underserved communities.

In this election, it looks as though Bass could get lucky and face off against a guy who lost his house in the Palisades fire, saw a few homeless encampments through his car window, and decided he wanted to be mayor. Some might have questioned his hubris, but only before learning that he was on a mission from God.

If you’re keeping count, that’s nine mentions of God so far in this column.

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One more for the tie, with an eye toward five more months of campaign fodder.

Thank you, God.

steve.lopez@latimes.com

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Bessent flips script on Dem senator with reminder about his son’s past ties to Epstein

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Bessent flips script on Dem senator with reminder about his son’s past ties to Epstein

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Sen. Ron Wyden, D-Ore., suddenly found himself on the defensive at a budget hearing on Wednesday when, amid levying accusations of the Trump administration’s “corrupt” dealings, Treasury Secretary Scott Bessent fired back by bringing Wyden’s son’s investments into the exchange.

“We would like to hear what Adam Wyden and Jeffrey Epstein talked about,” Bessent said, referring to unearthed emails drawing a connection between the senator’s son and the disgraced financier.

“Did your son and Jeffrey Epstein talk about pole dancing as he begged him for money?”

The moment continues the political fallout for the many names associated with Epstein that — despite not amounting to proof of wrongdoing — continue to prompt embarrassment and scandal at even the smallest mention.

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TOP FIERY MOMENTS AS DEMOCRATS CLASH WITH TREASURY SECRETARY BESSENT IN CHAOTIC HILL HEARINGS

Treasury Secretary Scott Bessent, left, pictured along Sen. Ron Wyden, D-Ore, right. (Aaron Schwartz/Bloomberg via Getty Images; Chip Somodevilla/Getty Images)

Epstein, a former financier, died while in prison on charges of sex trafficking minors in 2019, leaving behind questions of whether he facilitated illegal sexual encounters for his vast network of rich and powerful figures.

Amid public demands for transparency on the matter, the Department of Justice released troves of documents on Epstein late last year, unveiling a slew of new names with all manner of ties to the infamous figure ranging from purely innocuous to alarming.

Among them, emails surfaced indicating that Adam Wyden, Ron Wyden’s son, went to Epstein, hoping to gain his support for a business venture.

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UNEARTHED EMAILS REVEAL DEM SENATOR’S SON WANTED EPSTEIN TO JOIN HIS FUND: ‘ENJOYED OUR CONVERSATION’

Sen. Ron Wyden leaves a Senate Democratic meeting at the U.S. Capitol Building in Washington, D.C., on Oct. 3, 2025, as the federal government shuts down after Congress and the White House failed to reach a funding deal. (Kevin Dietsch/Getty Images)

“Jeffrey, I wanted to thank you for taking the time to meet with me. I thoroughly enjoyed our conversation and hope my passion and dedication for my business came through in the meeting. I live and breathe this business and take my returns, integrity and reputation quite seriously,” the younger Wyden said in an email in April 2016.

“I intensely appreciate like-minded individuals and would very much look forward to having you join us at the fund.”

The emails came after Epstein pleaded guilty to soliciting a minor for prostitution in Florida in 2008.

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It’s unclear what the business venture discussed by Adam Wyden and Epstein may have been or what, specifically, had been discussed in their conversations.

Even so, Bessent reminded viewers that the younger Wyden had a history of investing in off-color markets at Wednesday’s hearing.

DEMOCRATS ARE HAMMERING REPUBLICANS ON EPSTEIN, BUT ONE SENATOR BRUSHED OFF THE ISSUE YEARS AGO

Treasury Secretary Scott Bessent addresses a press conference in Rosenbad after trade talks between the U.S. and China concluded in Stockholm, Sweden, on July 29, 2025. (Magnus Lejhall/TT News Agency/AFP via Getty Images)

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Your son’s largest investment position was Rick’s Cabaret,” Bessent said, referring to a series of strip clubs.

Wyden, who has widely panned the Trump administration and its many officials for their own connections to Epstein, didn’t respond to Bessent’s jabs.

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