Category: Columns

“O Goody Ruskies”: Mueller Finds Witches But Which Witches Are We Hunting?

600px-Witchcraft_at_Salem_VillageBelow is my column in The Hill newspaper on the most recent indictment of Russian military intelligence figures for hacking the computer systems linked to the Clinton campaign and the Democratic party.  Once again, the indictment seems straightforward in what is says and what it does not say. Yet, the Washington spin machine quickly put forward highly distorted accounts, including media reports that worked hard to avoid acknowledging obvious elements of the indictment.

Here is the column: Continue reading ““O Goody Ruskies”: Mueller Finds Witches But Which Witches Are We Hunting?”

“Perfectly Legal”: The Perilous Rhetoric Of Immigration Politics

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ICE Enforcement

Below is my column in The Hill newspaper on continued claims about undocumented immigrants and their legal status.  There is a growing misrepresentation of the status issues that are deeply concerning.  While undocumented status can be treated as a civil matter, it is also a criminal matter when a person enters the country illegally.  Some politicians and commentators have been stating simply that all undocumented persons are non-criminals while others have suggested that persons are “perfectly legal” if they claim asylum even if they entered illegally.  The point is that not all such persons should be treated criminally, but rather these statements can be dangerously misleading for families considering an illegal crossing.  The Trump Administration has shifted enforcement toward greater criminal than civil enforcement.  As for asylum claims, they are not the majority of illegal entries but the numbers are clearly rising.  We are required under international law to consider such applications, but that does not mean that the entry was lawful or that such cases cannot raise risks of criminal enforcement.  With so many lives at risk, we need to be more accurate in how we describe the legal realities of illegal entry.

 

Here is the column:

Continue reading ““Perfectly Legal”: The Perilous Rhetoric Of Immigration Politics”

The Kavanaugh Nomination: Trump Selects A Robertsesque Nominee

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Below is my column in the Hill newspaper on the nomination of Brett Kavanaugh to replace retiring Associate Justice Anthony Kennedy.  It seems likely that Kavanaugh will be confirmed absent some earth-shattering disclosure in the confirmation process.

Here is the column:

Continue reading “The Kavanaugh Nomination: Trump Selects A Robertsesque Nominee”

Why Big Fierce Nominees Are Rare

Supreme Court
Below is my column in the Hill newspaper on why the most creative and productive individuals are often disfavored in our modern confirmation system.  With the announcement of the new nominee this evening by President Donald Trump, we will have the state of a counterintuitive process that favors those who are the least forthcoming or open about their views.

Here is the column:  Continue reading “Why Big Fierce Nominees Are Rare”

Catching Roe: Republicans Face The Peril Of Success Of A Pro-Life Majority

Supreme CourtBelow is my column in USA Today on politics over Roe and the Supreme Court vacancy.  The new vacancy and the the earlier pro-life pledge of President Donald Trump is something of a bill come due for Republicans. It is a bill that some Republicans privately do not want to pay.

Here is the column: Continue reading “Catching Roe: Republicans Face The Peril Of Success Of A Pro-Life Majority”

Constitutional Time Out? Mueller Becomes Latest Basis For Opposing Any Trump Nominee

440px-Director_Robert_S._Mueller-_III440px-Official_Portrait_of_President_Donald_TrumpBelow is my column in The Hill newspaper on the latest rationale for opposing any nominee of President Donald Trump: that any nomination or confirmation must wait until the completion of the investigation by Special Counsel Robert Mueller.  It is a claim being voiced by both politicians and academics despite the absence of constitutional or historical support.

Here is the column:

Continue reading “Constitutional Time Out? Mueller Becomes Latest Basis For Opposing Any Trump Nominee”

“Correcting The Error”: Did Kennedy Cut His Own Tow Line In His Final Decisions?

1599px-Supreme_Court_of_the_United_States_-_Roberts_Court_2017Below is my column in the Washington Post on the implications of the resignation of Associate Justice Anthony Kennedy and his own decisions setting aside prior precedent.  Indeed, Kennedy’s last week before announcing his resignation reenforced the very arguments that could be used by a new conservative majority to strip away his legacy.  Indeed, Kennedy spent the last week eagerly sawing away on the branch on which he and his legacy rests.

Below is the column: Continue reading ““Correcting The Error”: Did Kennedy Cut His Own Tow Line In His Final Decisions?”