Hopping Mad: Easter Becomes the Latest Flash Point in American Politics

It often seems like there is nothing left today that is not a battleground over our political and social differences. We can now add Easter. The Biden White House triggered a firestorm by picking Good Friday to announce that Easter Sunday will now be the “Transgender Day of Visibility.” At the same time, families objected to regulations on Easter egg designs, barring children from including any religious imagery or references on this religious holiday.  There are even objections to the use of eggs at the annual White House egg roll.

Continue reading “Hopping Mad: Easter Becomes the Latest Flash Point in American Politics”

Minnesota Law School Drops Exclusion of Whites and Males from Diversity Scholarship

There is a curious resolution of a civil right complaint against University of Minnesota Law School over a diversity fellowship sponsored by the law firm of Jones Day. Despite being created by a law firm and administered by a law school, the fellowship violated federal law in excluding white and male applicants. The law school finally threw in the towel, but there remains an uncertainty over whether the school is engaging in a subterfuge by opening up the scholarship while retaining its original purpose. Continue reading “Minnesota Law School Drops Exclusion of Whites and Males from Diversity Scholarship”

RES IPSA HITS 80,000,000

crowd vj dayThis morning, Res Ipsa passed the 80,000,000 mark in views on the blog.  We have used these moments to give thanks for our many regular readers around the world and share our traffic data to give you an idea of the current profile of readers around the world. We do not have a running data page so these periodic postings allow our community to see the traffic profile of our blog. Because of the growth of the blog, we have gone from million to five million view markers. So let’s get at it. Continue reading “RES IPSA HITS 80,000,000”

Say It Ain’t So, Joe: The House Formally Invites President Biden to Testify in Impeachment Inquiry

House Oversight Committee chairman James Comer has sent a seven-page letter (below) to invite President Joe Biden to testify in the Republican impeachment inquiry. The letter is the latest, and best, reduction of the glaring contradictions in the President’s past statements on his family’s well-documented influence peddling operation. President Biden is not expected to testify. However, the media should be interested in his answering the questions presented by the Committee. It is now clear that the President lied during his campaign and during his presidency on his lack of knowledge of his son’s business activities as well as his denial of any money gained from China. Yet, the White House responded, again, with mockery — a sense of impunity that only exists due to an enabling media. Continue reading “Say It Ain’t So, Joe: The House Formally Invites President Biden to Testify in Impeachment Inquiry”

The Splendor of the Sawtooth

Yesterday, I shared some observations on the lovely town of Ketchum near Sun Valley, Idaho. Before I flew back to Washington, I had one adventure remaining. My new friends, Jenny Dupre and Brandon Kuvara, decided to take me on a snowmobile expedition to Redfish lake in the Sawtooth National Recreation Area. It was my first snowmobile experience and it will be hard to forget. As a lifelong hiker and backpacker, I am used to encountering nature on foot.  The snowmobile allowed us to cover a huge amount of territory in a long excursion. Continue reading “The Splendor of the Sawtooth”

Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4.  Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. However, the opinion also rejected the invasion theory made by states under Article 1, Section 10 and the “State War Clause.” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. Continue reading “Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause”

Ketchum, Idaho and the Beauty of Bald Mountain

Today I am returning from Sun Valley, Idaho and, as promised, I wanted to share a travel blog on this amazing place. This is the first of two blogs and will focus on the town of Ketchum. With only 3,873 residents, the town is the quintessential Western town with friendly people and an outdoor culture. There are an array of great restaurants, shops, and bars for skiers retiring from a day on the slopes. Located in Wood River Valley, the town contains the popular ski slopes at Bald Mountain. When I arrived, the final competition of the  U.S. Alpine Ski Championship was still being held. Continue reading “Ketchum, Idaho and the Beauty of Bald Mountain”

The Gag and the Goad: Trump Should Appeal Latest Gag Order

New York Supreme Court Justice Juan Merchan this week became the latest court to impose a gag order on former president Donald Trump with a stinging order that found a history of Trump attacks that threatened the administration of justice. The order will bar public criticism of figures who are at the center of the public debate over this trial and the allegation of the weaponization of the legal system for political purposes, including former Trump counsel Michael Cohen, former stripper Stormy Daniels, and lead prosecutor Matthew Colangelo. Trump is still able to criticize Manhattan District Attorney Alvin Bragg and Merchan himself.  What is most striking is the protection of Cohen who continues to goad Trump in public attacks.

Continue reading “The Gag and the Goad: Trump Should Appeal Latest Gag Order”

Saving Democracy From Itself: The Democratic National Committee Moves To Block Third Party Candidates

From Riot to Insurrection to Terrorism: January 6th Continues to be a Tragedy in the Eye of the Beholder

For years, I have maintained that January 6th was a disgraceful riot but not an insurrection. That issue came to a head with the litigation over disqualifying former president Donald Trump and similar calls to block dozens of Republican incumbents from ballots. Now, the protest that became a riot has been elevated from an insurrection to a terrorist attack.  Rep. Alexandria Ocasio-Cortez (D-NY) and other democrats are using the description despite no one being charged with insurrection or terrorism. Continue reading “From Riot to Insurrection to Terrorism: January 6th Continues to be a Tragedy in the Eye of the Beholder”

The Free Speech Trifecta: How the Court Could Fundamentally Alter Free Speech in Three Pending Cases

Below is my column on the three major free speech cases heard by the Supreme Court in the last month. The three cases (Murthy v. Missouri, National Rifle Association of America v. Vullo, and Gonzalez v. Trevino) could hold the balance for whether free speech will be protected in the coming years from increasing censorship and targeting by the government.

Here is the column: Continue reading “The Free Speech Trifecta: How the Court Could Fundamentally Alter Free Speech in Three Pending Cases”

Willis v. Willis: Fulton County District Attorney Goes Head to Head with Her Prior Self in Trump Case

Fulton County District Attorney Fani Willis has finally broken her silence with CNN. Willis insisted that she has done nothing wrong while declaring that “the train is coming” for Donald Trump. On this occasion, CNN can be excused for not having an opposing view. Willis circa 2020 denounced Willis circa 2024. Continue reading “Willis v. Willis: Fulton County District Attorney Goes Head to Head with Her Prior Self in Trump Case”

“Blatantly Misogynistic”: UC Berkeley Students Declare That They Feel Unsafe After Professor Shares Dating Advice

This week, parents of students at the University of California at Berkeley took the extreme step of hiring private security to protect their children at the school after years of complaints over rising crime and anti-police policies. The university, however, is focused this week on another threat that has led students to object that they no longer feel safe on campus: the dating advice offered by Electrical Engineering and Computer Sciences Professor Jonathan Shewchuk in response to a query from a student. Continue reading ““Blatantly Misogynistic”: UC Berkeley Students Declare That They Feel Unsafe After Professor Shares Dating Advice”

Res ipsa loquitur – The thing itself speaks