George Santayana famously said that those who ignore history are doomed to repeat it. The same is true for judicial overreach. Those judges who yield to the temptation to counter policies that are not to their liking are likely to repeat such excesses of power. That is why the recent decision of U.S. District Judge Angel Kelley in Boston is so concerning. While there are good-faith reasons why some have objected to the removal of slavery and climate change exhibits from national parks and monuments, this is not about the merits but the authority to make such changes. Kelley’s recent injunction smacks of judicial excess rather than measured review. Continue reading ““Dangerous Precedent of Censorship and Sanitization”: Judge Enjoins Removal of Slavery and Climate Displays”
Category: Courts
Former Transportation Secretary Pete Buttigieg apparently got the message this week that he cannot hope to win the Democratic nomination without promising radical measures, including the packing of the Supreme Court. After denouncing the current Court as “rogue” for not ruling as the left has demanded, Buttigieg endorsed the plan of Democrats like Sen. Elizabeth Warren to pack the Court to reverse adverse constitutional interpretations.
In a ruling Friday, District Judge Christopher Cooper ordered the cessation of all repair plans for the Kennedy Center and the removal of Trump’s name from the building within two weeks. It is a detailed and comprehensive opinion, but I believe that Judge Cooper is wrong on the cessation of repairs. Continue reading ““Grossly Short of Prudent Decision-Making”: Court Halts Kennedy Center Construction and Name Change”
There is a bizarre controversy out of the United States Court of Appeals for the Eleventh Circuit, where a federal judge has been reprimanded for engaging in repeated, loud sexual encounters during office hours in chambers with a police officer. While the judge lied to investigators and disrupted the work of court staff, the Eleventh Circuit decided to give only a “private reprimand” and to withhold the identity of the district court judge. However, legal sleuths have pieced together clues and identified one judge in Atlanta as the likely culprit. Continue reading “Judicial Whodunit: Federal Judge Given “Private Reprimand” After Holding Sexual Trysts in Chambers…and Then Lying About It”
House Democrats unanimously voted this week against legislation to build a new women’s history museum on the National Mall. The reason was an amendment that limited the exhibits to biological women to the exclusion of transgender figures. The museum failed 204-216 as House Democrats hoped that they could still secure a museum including transgender figures once they retake power after the midterm elections. Continue reading “House Democrats Unanimously Vote Down Women’s History Museum Over Limit to Biological Women”
The judges and practitioners of the Federal Circuit have long labored under the image of the nerds of the federal courts, handling cases involving patents, trademarks, and other specialized areas. Chief Judge Kimberly A. Moore may have hoped to address that deficit in social standing by paying a PR firm to come up with a video and theme song based on the Schoolhouse Rock genre. If so, a new video is unlikely to help matters.
Continue reading “Courthouse Rock? Federal Circuit Funds Promotional Theme Song and Video”
Below is my column in The Hill on Kamala Harris and her “bad ideas” podcast. Harris was previously said to favor packing the Supreme Court, but the podcast appears to be part of the effort of many in the Democratic Party to condition voters to an emerging radical agenda on the left.
Here is the column: Continue reading “Harri-esy: Why “No Bad Ideas” is a Uniquely Bad Idea”
Virginia Gov. Abigail Spanberger is reportedly “fuming” this week after the state failed to get a single justice on the Supreme Court to support her after she violated the state constitution in her attempted gerrymandering of the state. However, Spanberger may have just guaranteed another trip to the Supreme Court when she said the quiet part out loud about the new state gun ban. Continue reading “Locked and Loaded: Spanberger Inadvertently Makes Case for Striking Down New Gun Ban”
After the Virginia Supreme Court rejected the results of the recent Democratic effort to effectively wipe out Republican representation in the state, Democratic pundits and activists have latched onto a proposal by Michigan State Law Professor Quinn Yeargain to gut the court by forcing the retirement of the current justices, appointing liberal activists, and then reversing the opinion. It is extremely telling that some are pushing the raw muscle play to retake power in Washington, particularly in light of the calls to pack the United States Supreme Court once the party is back in control. Continue reading “Sack and Pack: Law Professor Suggests Extreme Method to Save Virginia Redistricting”
Below is my column in the New York Post on the decision of the Virginia Supreme Court to nullify the result of the recent gerrymandering to eliminate virtually all Republican representatives in the purple state. The reversal of fortunes for the party, however, could lead to an even more dangerous agenda.
Here is the column:
Since her appointment by President Joe Biden, Supreme Court Justice Ketanji Brown Jackson has quickly developed a radical and chilling jurisprudence. Her often sole dissents and accusatory rhetoric have drawn not just the ire of her conservative colleagues but her liberal colleagues. This week, that tension deepened with a stinging rebuke from Justice Samuel Alito (joined by Justices Clarence Thomas and Neil Gorsuch). Continue reading ““Baseless and Insulting”: Three Justices Chastise Jackson for a “Groundless and Utterly Irresponsible” Dissent”
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’”
This week, I had the honor of giving a keynote address at the Ohio Supreme Court’s conference on my book, Rage and the Republic, and our founding principles. I must confess to some embarrassment at being unaware of the history and beauty of the Ohio Supreme Court. I was instantly overwhelmed by the building and eagerly accepted Chief Justice Sharon Kennedy’s offer of a tour. Continue reading “The Judicious Beauty of the Ohio Supreme Court”
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””
“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”