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”
Category: Courts
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”
Former Vice President Kamala Harris is rallying Democratic donors to oppose “additional justices” that might be nominated by President Donald Trump “before they happen.” Harris is heralding the fundraising by Josh Orton, president of the dark-money group “Demand Justice” (made infamous for its campaign to get Justice Stephen Breyer to resign). Demand Justice has pushed a radical agenda, including court packing.Justice Ketanji Brown Jackson is again warning of a growing threat to the nation. In her lone dissent in Chiles v. Salazar, Jackson observed that “to be completely frank, no one knows what will happen now.” The ominous tone stemmed from the fact that free speech had prevailed over state-imposed orthodoxy in a Colorado case. Eight justices, including her two liberal colleagues, ruled that Colorado could not prevent licensed counselors from “any practice or treatment” that “attempts or purports to change” a minor’s sexual orientation or gender identity. Continue reading ““No One Knows What Will Happen Now”: Justice Ketanji Brown Jackson Warns Against Unbridled Free Speech “
I have long been a critic of Judge Kathaleen McCormick of Delaware over her absurd rulings against Elon Musk and his compensation package at Tesla. In my view, her rejection of the decision of shareholders to approve a generous compensation package reflected a deep bias against the billionaire. Now, McCormick is in hot water after “liking” a story about Musk losing a major case in California. McCormick’s LinkedIn message has prompted Musk’s team to demand that she recuse herself from any future proceedings involving Musk. Continue reading “What is Not to Like: Delaware Judge Kathaleen McCormick Draws Fire Over “Liking” Musk Loss”
There was an interesting decision from the Ohio Court of Appeals last week on parental rights and transgender identity. In In re S.B., Judge Matthew R. Byrne (joined by Judges Robert A. Hendrickson and Robin N. Piper) ruled that the state was wrong in suggesting that the failure to accept a child’s gender change was evidence of being unfit parents. It is a notable conclusion given our recent discussion of a case out of Iceland where a father was stripped of his custodial rights after criticizing the gender transition of his minor child.
“Anything that can go wrong will go wrong.” That adage, called Murphy’s Law, came to mind this week with the latest injunction issued by U.S. District Court Judge Brian Murphy in Boston. Murphy previously drew national criticism for his efforts to enjoin Trump’s immigration policies, resulting in not one but two rebukes from the Supreme Court. He is now back with an order preventing changes to vaccination policies ordered by Health Secretary Robert F. Kennedy Jr. Continue reading “Murphy’s Law: A Boston Judge Returns with a Vengeance in Halting Kennedy Vaccine Efforts”
Last week, Chief Judge James Boasberg delivered a blow to the criminal investigation into Fed Chair Jerome Powell by tossing out grand jury subpoenas. Boasberg declared the investigation overtly political and coercive, without any criminal predicate. The decision is a rare rejection of a duly issued grand jury subpoena at this stage of an investigation. In my view, he was premature and could face a difficult appeal in In re Grand Jury Subpoenas, Bd. of Governors of the Federal Reserve System v. U.S. Continue reading “Boasberg’s Law: Why The Quashing of the Powell Subpoenas Leaves More Questions Than Answers”
There has been an ongoing struggle between district court judges and the Trump Administration over a variety of policies. In the first year, some district court judges issued nationwide injunctions that were largely rejected by the Supreme Court and appellate courts. These conflicts have continued and the intracourt tensions have increased. That was evident with the recent decision of the United States Court of Appeals for the Seventh Circuit, which delivered a virtual haymaker in reversing Judge Sara Ellis, an Obama nominee. The panel criticized Ellis for limiting the operation of federal officers in Chicago, saying that she “effectively established the district court as the supervisor of all Executive Branch activity in the city of Chicago.” Continue reading “Seventh Circuit Delivers Sharp Rebuke to Chicago District Judge Over Her “Constitutionally Suspect” Orders Against the Trump Administration”
We have been discussing the erosion of free speech rights across Europe, particularly within the European Union. The crackdowns on free speech in the United Kingdom, Germany, and France are often the focus of these columns. However, a recent case shows how smaller countries like Malta have joined this effort with a repressive vigor. Fortunately, the prosecution of Matthew Grech, 33, ended in acquittal this month, but not for a lack of effort by the government. The case should shock the conscience of anyone who values this “indispensable right.” Continue reading “Prosecution of Maltese Man for Discussing Transition from Homosexuality Ends in Acquittal”