Category: Columns

Colorblind Constitution: The Roberts Court Ends a ‘Sordid Business’

Below is my column in the Hill on the decision in Louisiana v. Callais and the false narrative that the Supreme Court majority was motivated by the midterm elections. The case barring racial gerrymandering was the capstone of years of opinions from figures from Chief Justice John Roberts, Clarence Thomas, Samuel Alito and others to restore a colorblind constitution.

Here is the column:

Continue reading “Colorblind Constitution: The Roberts Court Ends a ‘Sordid Business’”

Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate”

Below is my column on Fox.com on House Minority Leader Hakeem Jeffries declaring the Supreme Court “illegitimate.” It is a statement that has dangerously moved beyond the mere hyperbolic as Democrats push to pack or even eliminate the Court.

Here is the column: Continue reading “Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate””

Shell Speech: Why the Second Comey Indictment is Likely to Fail

Below is my column on Fox.com on the second indictment of former FBI director James Comey. Despite being one of Comey’s longest critics, the indictment raises troubling free speech issues. In the end, it must be the Constitution, not Comey, that drives the analysis and this indictment is unlikely to withstand constitutional scrutiny. If it did, it would allow the government to criminalize a huge swath of political speech in the United States.

Here is the column:

Continue reading “Shell Speech: Why the Second Comey Indictment is Likely to Fail”

“Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution

“Incredible, unstoppable titan of terror!” Those words advertising the 1954 movie Godzilla could be the billing of a new freakish giant stretching across the sleeping farm fields of Virginia. Now in a court near you is The Lobster, a monster over 100 miles long. The only saving grace is that this creature only devours Republicans, leaving roughly half the state with virtually no representation in Congress. Continue reading ““Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution”

The Moral Malaise: The New York Times Makes the Case for “Microlooting” to Murder

Below is my column in The Hill on the recent New York Times podcast exploring the justifications for crimes ranging from theft to murder. The podcast with radical Hasan Piker, the New York Times Opinion Culture Editor Nadja Spiegelman, and New Yorker writer Jia Tolentino captured the moral relativism that has taken hold of the left in American society. Reading the manifesto of the accused White House Correspondents Association Dinner shooter Cole Tomas Allen shows the ultimate expression of a society where rage has replaced morality and decency.

Here is the column: Continue reading “The Moral Malaise: The New York Times Makes the Case for “Microlooting” to Murder”

“Let’s Get Ruthless”: Bulwark’s Bill Kristol Suggests Illiberal Means Are Needed to Save Liberal Democracy

Below is my column on Fox.com discussing the most recent call to be “ruthless” and to pack the Supreme Court. It is only the latest call for fundamental changes in our system on the 250th anniversary of our revolution.

Here is the column: Continue reading ““Let’s Get Ruthless”: Bulwark’s Bill Kristol Suggests Illiberal Means Are Needed to Save Liberal Democracy”

“Racial Profiling” or Race Baiting? Tom Steyer’s Illiterate Take on English Proficiency

Below is my column in the California Post and New York Post on the recent claims made by Democratic candidates in the debate for California’s governorship. As expected, the race-baiting rhetoric flowed from each of the Democratic candidates, including a claim that requiring English proficiency is “racial profiling.”

Here is the column: Continue reading ““Racial Profiling” or Race Baiting? Tom Steyer’s Illiterate Take on English Proficiency”

“I Don’t Hear You Answering My Question”: Virginia Attorney General Jay Jones Punts on Whether Redistricting Language Passes Constitutional Muster

As Virginia heads to the state Supreme Court, Virginia Attorney General Jay Jones (D) will have to up his game a bit. For starters, he will have to actually defend the redistricting resolution as constitutional when prompted.  In a recent interview with CNN, even the host of the friendly network expressed frustration that Jones could not seem to get himself to actually defend the dubious language of the ballot measure. Continue reading ““I Don’t Hear You Answering My Question”: Virginia Attorney General Jay Jones Punts on Whether Redistricting Language Passes Constitutional Muster”

The Disbarment of John Eastman: The California Bar Bags a Trump Lawyer and Leaves Troubling Questions

Below is my column in the California Post and New York Post on the disbarment of John Eastman. I criticized the January 6th speeches while they were being given and disagreed with the legal theories presented to stop the certification. However, this action leaves troubling questions of consistency and clarity in the standards used to judge lawyers presenting novel or controversial legal arguments. It also is likely to have a chilling effect on the exercise of free speech by lawyers.

Here is the column: Continue reading “The Disbarment of John Eastman: The California Bar Bags a Trump Lawyer and Leaves Troubling Questions”

“Civic Action Requires More Than Textbooks”: Chicago to Subsidize May Day Protests By Teachers

The Chicago Public Schools are facing a major truancy problem…among teachers.

The Chicago Teachers Union (CTU) was up in arms over suggestions that classes should be held on May 1 when teachers wanted to be out protesting. Called International Workers’ Day, May Day is a global day of protest for socialist, communist, and unionist groups. Continue reading ““Civic Action Requires More Than Textbooks”: Chicago to Subsidize May Day Protests By Teachers”

Protecting the Plate: Chief Justice Roberts Faces Two Strikes After New Leak Rocks the Court

The legendary baseball player and manager Ted Williams once wrote a letter to the Angels outfielder Jay Johnstone on improving his hitting. Among his pieces of advice was that “with two strikes, you simply have to protect the plate.”

Williams’s advice on not striking out came to mind this week when another leak of confidential information rocked the Supreme Court. (The prior leak of the Dobbs decision went unsolved). For Chief Justice John Roberts, the message is clear: it is a time like this when you have to protect the plate. Continue reading “Protecting the Plate: Chief Justice Roberts Faces Two Strikes After New Leak Rocks the Court”

Hochul Joins Mamdani in New York’s “Eat the Rich” Movement

Below is an expanded version of my column in the New York Post on the Hochul/Mamdani special fee to be imposed on luxury property owners in New York. The new fee comes on top of property taxes and assessments. It is just one of the wealth taxes that Democrats are pushing in various states — and pushing out wealthy taxpayers and businesses.

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“It’s Our Nature”: Colorado Doubles Down on New Assaults on the First Amendment

Colorado’s tourism slogan, “it’s our nature,” has a menacing meaning for free speech advocates. Colorado is now arguably the most anti-free speech state in the union, pushing an array of measures attacking those with opposing social and political views. The irony is that the state has proved a bonanza for free speech with spectacular legal failures that reaffirmed rather than restricted the First Amendment. Now, the Democratic legislature and governor are back with new unconstitutional measures, including a requirement that lawyers not share information with federal immigration officials as a condition for filing with state courts. Continue reading ““It’s Our Nature”: Colorado Doubles Down on New Assaults on the First Amendment”

The 28th Amendment: Is it Time for a New Amendment on the Meaning of Citizenship?

Below is my column in the Hill on the expected reaffirmation of birthright citizenship by the Supreme Court after the oral arguments in Trump v. Barbara. The question raised in the column is whether such a decision should be the final word on the subject or whether we should have a national debate on a possible new citizenship amendment. Some countries among the minority recognizing birthright citizenship had such debates and decided to reject it. Polls indicate that most Americans support birthright citizenship. If so, an amendment would obviously fail. However, it may be time to have such a national debate.

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