Category: Supreme Court

Constitutional Law, Supreme Court

Humphrey’s Estate and Jackson’s Experts: Justice Offers Surprising View of the Separation of Powers

As I discussed in yesterday’s coverage of the oral arguments in Trump v. Slaughter, the argument went poorly for those who sought to sustain the 90-year-old precedent in Humphrey’s Executor, limiting a president’s power to fire members of independent commissions. It seems unlikely that Humphrey’s Executor will live to see 91 after Chief Justice John Roberts called it “just a dried husk.”

As is increasingly becoming the case, Justice Ketanji Brown Jackson stole the show with some of her comments on her view of the underlying constitutional issues. She suggested that “experts” in the Executive Branch generally should not be subject to termination by a president. It is a virtual invitation for a technocracy rather than a democracy. Continue reading “Humphrey’s Estate and Jackson’s Experts: Justice Offers Surprising View of the Separation of Powers” →

Supreme Court

Marc Elias to Make Controversial Appearance as DNC Counsel Before the Supreme Court
(MSNBC/via YouTube)

English novelist Robert Smith Surtees once said, “There are three sorts of lawyers – able, unable, and lamentable.” That view was never truer than this month as the United States Supreme Court hears from a lawyer who may be more controversial than the underlying case. In an election case that will require at least two conservative justices to join their liberal colleagues, the Democratic National Committee (DNC) picked one of the most polarizing and controversial attorneys in the country: Marc Elias. Continue reading “Marc Elias to Make Controversial Appearance as DNC Counsel Before the Supreme Court” →

Constitutional Law, Politics, Supreme Court

Welcome to Hotel California: Democrats Push Retroactive Billionaire Tax
California was once known as the destination for anyone seeking a fortune, from the Gold Rush to Hollywood. The image of a line of wagon trains heading West has now been replaced by a line of U-Hauls heading anywhere but California. Unable to stem the exodus, California is again toying with retroactive taxes — targeting the wealthy regardless of whether they flee the state. Welcome to Hotel California, “you can check out any time you like, but you can never leave.” Continue reading “Welcome to Hotel California: Democrats Push Retroactive Billionaire Tax” →
Constitutional Law, Supreme Court

Supreme Court Issues Major Opinion on Transgender Identity and the Trump Passport Policy

In a significant win for the Trump Administration, the United States Supreme Court issued an opinion on Thursday afternoon on the Trump Administration’s requirement that passport holders use their sex assigned at birth and that such requirements do not violate equal protection guarantees. While a brief, unsigned opinion issued on the interim docket, it represents a major ruling on the constitutional protections afforded to transgender individuals. Continue reading “Supreme Court Issues Major Opinion on Transgender Identity and the Trump Passport Policy” →

Columns, Congress, Constitutional Law, Supreme Court

The Supreme Court Hears the Trump Tariff Case: Time for Plan B?

The oral argument yesterday on the Trump tariffs was fascinating as justices struggled with the knotty question of whether a president has the sweeping authority claimed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA). The justices were skeptical and uncomfortable with the claim of authority, and the odds still favored the challengers. However, there is a real chance of a fractured decision that could still produce an effective win for the Administration.

Continue reading “The Supreme Court Hears the Trump Tariff Case: Time for Plan B?” →

Constitutional Law, Courts, Politics, Supreme Court

“Race-Based Remedies Should Have an End Point”: Justices Appear Poised to Issue Historic Ruling on the Voting Rights Act

Yesterday, the Supreme Court held the long-awaited argument in Louisiana v. Callais, considering an appeal of Louisiana’s congressional map. The two majority-black districts are being challenged under the 15th Amendment and the Equal Protection Clause of the 14th Amendment as unconstitutionally gerrymandered on the basis of race. The case could result in a rejection of race-based congressional districting under Section 2 of the Voting Rights Act. Continue reading ““Race-Based Remedies Should Have an End Point”: Justices Appear Poised to Issue Historic Ruling on the Voting Rights Act” →

Constitutional Law, Courts, Supreme Court

Federal Judge Blocks Effort of Transgender Athlete to Dismiss Case Before the Supreme Court

U.S. District Judge David Nye just rejected a last-minute effort to scuttle a Supreme Court case on transgender athletes. The Little v. Hecox lawsuit was initially filed by Lindsay Hecox in 2020, challenging a state law barring the biologically male athlete from joining the women’s cross-country team at Boise State. After winning before the United States Court of Appeals for the Ninth Circuit, the U.S. Supreme Court granted review. Hecox clearly did not like the prospects on appeal and sought to withdraw the case after the granting of certiorari. Judge Nye just denied that effort. Continue reading “Federal Judge Blocks Effort of Transgender Athlete to Dismiss Case Before the Supreme Court” →

Constitutional Law, Supreme Court

Supreme Court Takes Up Hawaii’s “Vampire Rule” on Gun Possession

Just in time for Halloween, the U.S. Supreme Court has agreed to rule on Hawaii’s so-called “Vampire Rule” on gun possession in Wolford v. Lopez. The state law bars gun permit holders from bringing handguns onto private property open to the public without the owner’s express permission. So, like vampires, gun owners must be invited in with their weapons. Continue reading “Supreme Court Takes Up Hawaii’s “Vampire Rule” on Gun Possession” →

Constitutional Law, Politics, Supreme Court

Supreme Court Reverses Lower Court and Allows ICE Raids in California to Resume

The Supreme Court has again rebuffed lower courts seeking to block executive actions, from immigration to the downsizing of government. In the latest victory for the Trump Administration, the Court reversed decisions of a federal district court judge and the Ninth Circuit Court of Appeals to enjoin new ICE raids in California. Continue reading “Supreme Court Reverses Lower Court and Allows ICE Raids in California to Resume” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

The Judicial Calvinball of Justice Ketanji Brown Jackson

Below is my column in The Hill on the chilling jurisprudence of Justice Ketanji Brown Jackson. Jackson’s description of opinions as an opportunity for commentary on contemporary issues is a radical departure from long-standing traditions on the Court. While justices have occasionally strayed into extraneous issues, Jackson appears to view her position as giving her a license to vent, including questioning the principles and integrity of her colleagues.

Here is the column:

Continue reading “The Judicial Calvinball of Justice Ketanji Brown Jackson” →

Constitutional Law, Courts, Supreme Court

Tenth Circuit: Parents Do Not Have Right to Override Ban on Gender Transitioning of Minors

The Tenth Circuit handed down a notable opinion this week in Poe v. Drummond, upholding Oklahoma’s law prohibiting gender transition procedures for anyone under eighteen. The opinion by Judge Joel Carson (joined by Judges Harris Hartz and Gregory Phillips) concluded that parental rights do not trump a state’s determination of what are safe treatments for minor patients. Continue reading “Tenth Circuit: Parents Do Not Have Right to Override Ban on Gender Transitioning of Minors” →

Columns, Politics, Supreme Court

“I have a Wonderful Opportunity”: Justice Jackson’s Cathartic Jurisprudence

I wrote recently about the chilling jurisprudence of Justice Ketanji Brown Jackson, who has drawn the ire of colleagues in opinions for her rhetoric and extreme positions. Many have expressed alarm over her adherence to what has been described by a colleague as an “imperial judiciary” model of jurisprudence. Now, it appears that Jackson’s increasingly controversial opinions are serving a certain cathartic purpose for the far-left Biden appointee. Continue reading ““I have a Wonderful Opportunity”: Justice Jackson’s Cathartic Jurisprudence” →

Bizarre, Politics, Supreme Court

Sex and the Cringy: Celebrities Under Fire for Making Light of Abortions
(Image: instagram/@cynthiaenixon)

Sex and the City star Cynthia Nixon is back in the news for all the wrong reasons. Nixon decided to virtue signal on abortion by sending out a picture of herself lounging on a boat wearing a cap that read “Make Abortion Great Again.” In the same week, “Smile” singer Lily Allen was laughing in an interview about how she has had so many abortions that she cannot remember the precise number. It is only the latest example of how the messaging on the left could be alienating many Americans on the third anniversary of the Dobbs decision.

Continue reading “Sex and the Cringy: Celebrities Under Fire for Making Light of Abortions” →

Constitutional Law, Courts, Supreme Court

Justice Kagan Joins Colleagues in Rebuking Liberal Boston Judge Over His Defiance of the Court

Yesterday, the Supreme Court issued a relatively rare clarification of its earlier opinion, which lifted the injunction on the deportation of immigrants to third-party countries. In a surprising response, Judge Brian Murphy in Boston ruled that he considered his orders regarding the eight immigrants set for deportation to South Sudan to remain unchanged by the decision. The Court quickly disabused him of that notion by declaring that he was not in compliance with its order. What was most remarkable, however, was the sharp concurrence by Justice Elena Kagan who, despite voting against the original order, called out Murphy for defying the authority of the Court. It was a commendable and principled position that escaped her colleagues, Justices Sonia Sotomayor and Ketanji Brown Jackson, in dissent. Continue reading “Justice Kagan Joins Colleagues in Rebuking Liberal Boston Judge Over His Defiance of the Court” →

Columns, Constitutional Law, Religion, Supreme Court

The End is Nigh: Liberal Justices Predict “Chaos” and the Demise of Public Education Without Mandatory LGBTQ Material

Below is my column in The Hill on the ruling in Mahmoud v. Taylor in favor of parents who want to withdraw their children from LGBTQ lessons in public schools. I agreed with the majority, but it was Justice Sonia Sotomayor’s dissent (joined by Justices Kagan and Jackson) that was the most striking in its apocalyptic take on allowing parents to remove their children from these classes. Despite the fact that various opt-outs have been allowed for parents, this one is deemed a threat to the very essence of public education.

Here is the column:

Continue reading “The End is Nigh: Liberal Justices Predict “Chaos” and the Demise of Public Education Without Mandatory LGBTQ Material” →

Res ipsa loquitur – The thing itself speaks