Category: Columns

Out To Whack: Democrats Threaten Retaliatory Actions To Add Or Remove Justices On A “Court Out Of Whack”

Below is my column in The Hill on the call for Justice Amy Coney Barrett to recuse herself or be impeached. The call for recusal is indicative of demands and threats that are becoming more unhinged by the day.  Whether it is adding or impeaching justices, the Democrats are yielding to the same 30 percent of irate and increasingly irrational voters in their base.  What is concerning is the utter lack of responsible voices from the party to counter this retaliatory impulse or to defend the institution of the Court. Instead, former Vice President Joe Biden’s declaration that the Court is “out of whack” now means that many Democrats are out to whack either the Court or its members.

Here is the column:

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Biden’s Parade of Horribles: A Review Of The “Alternatives” For The New Biden Commission On Changing The Supreme Court

Below is my column in The Hill newspaper on the range of options referenced by Vice President Joe Biden in the last debate that may be considered by his new “commission” for reforming the Supreme Court.  It is worth looking at the parade of horribles proposed by academics for changing the Court to legislatively negate the majority of conservative justices after the addition of Amy Coney Barrett to the Court (as early as today). The concern is that this is little beyond enablement by commission as Democrats claim license to do lasting harm to one of the most important institutions in our constitutional system.

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“Lizard Brains”: Historian and NBC Analyst Meacham Attacks Trump Supporters As Functioning On Primitive Limbic Systems

Below is my column on Fox regarding the recent remarks of NBC analyst Jon Meacham explaining how Trump supporters suffer from “lizard brains.” The statement is indicative of a long-standing trend in the media of insulting and biased comments about Trump supporters. Analysts seem to have dispensed with any notion of restraint or reason in such attacks.  What is most troubling is that there are students who support Trump at Vanderbilt and there have been complaints for years about an increasingly hostile environment for conservative students. Taking a professor who has publicly dismissed your political views as the result of a lizard brain is hardly welcoming.

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The Rise of The Corporate Censors: How America Is Drifting Toward The Chinese Model Of Media

Below is my column in The Hill newspaper on the censorship of the Hunter Biden controversy by Facebook and Twitter. The response of the Biden campaign and figures like Rep. Adam Schiff has been to dismiss the story as the likely product of Russian intelligence. Notably however they do not address the underlying emails. As many of us have written, there is ample reason to suspect foreign intelligence and the FBI is reportedly investigating that possibility. However, that does not mean that the emails are not authentic. Hillary Clinton was hacked by Russia but the emails were still real. It is possible to investigate both those responsible for the laptop’s disclosure and what has been disclosed on the laptop. The censorship by these companies however has magnified concerns in the controversy, particularly with the disclosure of close connections between some company officials and the Biden campaign. Continue reading “The Rise of The Corporate Censors: How America Is Drifting Toward The Chinese Model Of Media”

Barrett Unmodified: Moments of Clarity Emerge From The Confirmation of Judge Amy Coney Barrett

Below is my column in the Wall Street Journal on nomination of Amy Coney Barrett. While the confirmation hearing often seemed weirdly disconnected to the nominee, there were important moments where the jurisprudential views of Judge Barrett were expressed with striking — and rare — clarity.

Here is the column: Continue reading “Barrett Unmodified: Moments of Clarity Emerge From The Confirmation of Judge Amy Coney Barrett”

The Biden Scandal In Three Barks: Why The Most Telling Elements May Be What We Were Not Told

Below is my earlier column on the Biden controversy and the notable omission of three responses that one would have expected in the days following the disclosure in the New York Post. As I have said repeatedly, the timing and manner in which this information came to the public is highly suspicious and could well be the work of foreign intelligence. Even Rudy Giuliani now puts the chances that he worked with a Russian agent at “50-50.”  However, that would still leave the question of whether the underlying emails are authentic. The Clinton emails were hacked by the Russians but they were also true.  These emails show clear influence peddling, if they are authentic. Instead of addressing the specific emails or even denying their authenticity, figures like Rep. Adam Schiff simply dismissed the story as a Russian hit job.  For his part, Joe Biden dismissed reporters asking him about the emails as participating in a smear campaign.  There are legitimate questions about how this information was produced (questions that the FBI is reportedly investigating). However, there are also legitimate questions about the content of some of these emails and what they say about an alleged influence peddling scheme related to a presidential candidate.

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Franklin’s Rule: How The Barrett Hearing Left The Democrats Holding An Empty Sack

Below is my column in the Hill on the nomination of Judge Amy Coney Barrett and the oddly disconnected questions during her confirmation hearing.  While I have written about the revealing moments of the hearing, the Democrats clearly elected not to focus on the nominee but the election. When they did attack the nominee, they fired wildly and missed completely in three areas.

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The Barrett Rule: How Democratic Members Are Creating A New and Dangerous Standard For Confirmations

Below is my column in USA Today on the troubling course taken by Democratic members in the confirmation hearing of Judge Amy Coney Barrett. As I have stated, there are a host of legitimate questions to be raised over Judge Barrett’s view of the law. Indeed, I praised the exchanges between Sen. Dick Durbin (D., IL.) and Judge Barrett as the substantive highlight of the hearing. Unfortunately, those were the exceptions. Instead, the thrust of the entire hearing was that Barrett was unqualified due to her expected vote in the upcoming case on the Affordable Care Act (ACA). Various senators directly stated that they would vote against Barrett to protect the ACA. That is what is so unnerving about the Barrett confirmation hearing.

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Barrett: There Is Nothing Super About The Precedent In Roe v. Wade

Below is my column in The Hill newspaper on Roe v. Wade and the doctrine of stare decisis (or the respect and preservation of precedent). One of the most notable moments in the hearing came when Judge Barrett suggested that Roe was not “super precedent.”  Indeed, she noted that the concept of “super precedent” is the work of others in academic publications. However, on Roe, Judge Barrett had an interesting exchange with Sen. Amy Klobuchar, D-Minn. in which she identified Brown v. Board of Education as such super precedent. However, when pushed on Roe, she noted  “I’m answering a lot of questions about Roe which I think indicates that Roe doesn’t fall into that category.”

This issue was addressed in the column: Continue reading “Barrett: There Is Nothing Super About The Precedent In Roe v. Wade”

The Truman Show Election: How The Public Is Left In The Dark Pending The Election

Below is my column in The Hill newspaper on the array of issues that now appear to be on hold pending the outcome of the election. This weekend former Vice President Joe Biden went so far as to say that voters do not “deserve” to know his position on packing the Court, reaffirming that voters must wait until after they elect him for an answer.  It has a familiar ring for those who watched the movie The Truman Show. 

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Ginsburg’s Nightmare: The Democratic Plan To Destroy The Supreme Court Of The United States

Below is my column in The Hill newspaper on the call for a litmus test for Supreme Court nominees and the packing of the Supreme Court with up to six new members to secure a majority.  Both ideas were expressly denounced by Ruth Bader Ginsburg. Indeed, to achieve these objectives, the Democratic members will have to tear down the very rule established by Ginsburg in her confirmation hearing. Continue reading “Ginsburg’s Nightmare: The Democratic Plan To Destroy The Supreme Court Of The United States”

It Is Time To Dismiss The Flynn Case

Below is my column in The Hill newspaper on the sentencing hearing of former Trump National Security Adviser Michael Flynn. Unfortunately, in the hearing, Judge Emmet Sullivan fulfilled the expectations of the D.C. Circuit panel that ordered him to dismiss the charge without further delay. That decision was reversed en banc but only because the court decided (as many of us argued) that Sullivan should be allowed to issue a final decision before an appellant review of his handling of the case. The en banc court did not rule in favor of his controversial comments or orders. Yet, in the hearing, Sullivan declared “Suffice it to say, the case was remanded to me by the en banc court.” As argued below, the law is clear and, suffice it to say, Sullivan will be reversed if he follows the advice of John Gleeson.  Instead, Sullivan announced that he still “has questions” and indicated that he is not prepared to issue a final decision after two years.  Instead, he repeated the words of Gleeson as virtual fact like an alter ego. This is moving from the cathartic to the tragic. The Court is not just prolonging the inevitable for the ruling but the trauma for the defendant. Flynn should have been sentenced years ago and the charges dismissed months ago. A defendant should not be a vehicle of the court to express displeasure or satisfy its curiosity on public controversies. The court knows that it would be almost certainly reversed if it follows the advice of its self-appointed quasi-prosecutor Gleeson. Instead, it is continuing to refuse to rule while using the case to ask more questions about the internal decision-making at the Justice Department.

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“Free To Be You and Me”: Barrett Fulfills Ginsburg’s Call For Real Equality And Independence For Women

Below is my column in The Hill on the comparison of the late Justice Ruth Bader Ginsburg and Judge Amy Coney Barrett.  With the exception of their conclusions on the law, both women share striking similarities and Barrett represents a triumphant moment of conservative feminists in the country.  She is a brilliant jurist with a stellar background, much like the jurist she would replace.

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Judge Amy Coney Barrett On Her Intellect, Not Her Faith

Below is my column on the fierce attacks that have mounted against Judge Amy Coney Barrett, including articles suggesting that her conservative Catholic views and support for a charismatic group makes her a virtual cult member. The announcement of the new nominee will come today and Barrett has been viewed as a frontrunner. The religious intolerance unleashed by her likely nomination has continued to grow. Last night, “Real Time” host Bill Mayer came unglued with a vulgar attack on Barrett that even brought in Trump’s alleged affair with Stormy Daniels: “We’ll be saying this name a lot I’m sure because she’s a f—ing nut. . . ‘m sorry, but Amy [Coney] Barrett, Catholic — really Catholic. I mean really, really Catholic — like speaking in tongues. Like she doesn’t believe in condoms, which is what she has in common with Trump because he doesn’t either. I remember that from Stormy Daniels.” Imagine if a conservative commentator responded to President Obama’s nomination of Kagan or Sotomayor by referring to sex with a stripper or referring to Kagan a “really, really Jewish.” These continuing attacks do not bode well for the confirmation fight ahead — regardless of the nominee.  To paraphrase Sen. Feinstein, “[Religious prejudice] lives loudly within you.”

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Destroying The Court To Save It: Democrats Wrongly Use Ginsburg To Push Court Packing Scheme

Below is my column in USA Today on the growing calls for packing the Supreme Court with up to six new members as soon as the Democrats gain control of both houses of Congress and the White House.  I was critical of Democratic nominee Joe Biden this week when he refused to answer a question of whether he supports this call by his running mate Kamala Harris and other Democratic leaders. Biden told reporters “It’s a legitimate question, but let me tell you why I’m not going answer…it will shift the focus.” That was an extraordinary statement since if the question was legitimate, the refusal to answer it was not. Many of us would not support a presidential candidate who supported the packing of the Court. If Biden considers this a viable option, he is not a viable candidate for many of us. This is a central issue in the presidential campaign that has been pushed by Harris and top Democrats.  Yet, Biden is refusing to confirm his position. What is particularly concerning is that Biden precisely and correctly denounced court packing schemes like the one supported by this running mate.  Just a year ago, he insisted “No, I’m not prepared to go on and try to pack the court, because we’ll live to rue that day.”

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