Category: Columns

Academia, Columns

Achieving Equity through Mediocrity: Why Elimination of Gifted Programs Should Worry Us all

Below is my column in the Hill on the elimination of the gifted programs, proficiency requirements, and other performance-based elements in our public school system. This was highlighted recently by the elimination of the gifted and talented programs in New York City under Mayor Bill de Blasio, which were denounced as racist. I have long been critical of this trend which focuses on reducing disparities in performance by trimming the top rather than raising the bottom of a student body.

Here is the column:

Continue reading “Achieving Equity through Mediocrity: Why Elimination of Gifted Programs Should Worry Us all” →

Columns, Criminal law, Politics

Is Durham Circling Jake Sullivan? The Special Counsel May Not Be Done With the National Security Adviser

Last month Washington was rocked by the indictment of Michael Sussman, former counsel for Hillary Clinton’s 2016 presidential campaign and the Democratic National Committee, for his alleged role in spreading a false Russia conspiracy theory. Special counsel John Durham — who is variously described as either painfully methodical or positively glacial as a prosecutor — reportedly was prompted to indict Sussman by an expiring statute of limitations.

Absent such a deadline involving Sussman, it seems unlikely that Durham would have disclosed as much as he did in the indictment. The reason is that he is likely focusing on other possible targets and witnesses. That could include the most notable figure exposed in the Sussman indictment: Jake Sullivan. Continue reading “Is Durham Circling Jake Sullivan? The Special Counsel May Not Be Done With the National Security Adviser” →

Columns, Congress, Free Speech, Media, Politics

Learning To Fear Free Speech: How Politicians Are Moving To Protect Us From Our Unhealthy Reading Choices

Below is my column in the Hill on the increasing calls for censorship and speech regulation on the Internet.  The most recent push on Capitol Hill surrounds the testimony of former Facebook product manager Frances Haugen who alleges that Facebook has been knowingly harming children through promotion and access to certain sites. For some, the testimony follows a type of Trojan Horse pattern where anti-free speech measures are packaged as public safety measures.  Before embracing the proposals of these senators, the public needs to think long and hard over what is being lost in these “reforms.”

Here is the column: Continue reading “Learning To Fear Free Speech: How Politicians Are Moving To Protect Us From Our Unhealthy Reading Choices” →

Columns, Congress, Politics

Biden’s Red Queen Justice: How He Destroyed Both the Investigation and the Reputations of Border Agents

Below is my column in the Hill on the controversy over U.S. Customs and Border Protection agents allegedly whipping undocumented immigrants on the southern border. The false accounts given by members of Congress and the media were alarming and likely defamatory. However, it was the comments of President Joe Biden that were the most damaging to both the investigation and the reputation of these agents. He seemed to finally find his “dog-faced lying pony soldiers” in the mounted border unit. Ironically, he is the most legally protected person in making defamatory comments.

Here is the column: Continue reading “Biden’s Red Queen Justice: How He Destroyed Both the Investigation and the Reputations of Border Agents” →

Columns, Constitutional Law, Politics, Supreme Court

Train Whistle Docket: The Supreme Court Returns With Blockbuster Cases On Guns, Abortions, and Free Speech

This week, the Supreme Court will again assemble for a new term and pundits and politicians are already handicapping the cases. This term however has more drama and tension as Democrats call for packing the Court with an instant liberal majority and others attack its members in anticipation of opinions that have yet to be written. The reality is summed up in one of my favorite stories about Supreme Court Justice Oliver Wendell Holmes when he was on a trip to Washington. Holmes forgot his ticket but the train conductor reassured him, “Do not worry about your ticket. We all know who you are. When you get to your destination, you can find it and just mail it to us.” Holmes responded, “My dear man, the problem is not my ticket. The problem is, where am I going?” Continue reading “Train Whistle Docket: The Supreme Court Returns With Blockbuster Cases On Guns, Abortions, and Free Speech” →

Columns, Congress, Constitutional Law, Free Speech

Enlightened Algorithms: Democrats Call For Increased Corporate Controls To Protect Citizens From Their Own Dangerous Curiosities

Below is my column in USA Today on the recent call by Sen. Elizabeth Warren (D., Mass.) for Amazon to steer readers to “true” books on climate change. It is the latest example of Democrat’s embracing a type of  corporate governance model to carry out tasks barred to the government under the Constitution. Companies are now being asked to protect us from our own dangerous interests and inquiries. An array of enlightened algorithms will now watch over citizens to help them make good choices and read “true” things.

Here is the column: Continue reading “Enlightened Algorithms: Democrats Call For Increased Corporate Controls To Protect Citizens From Their Own Dangerous Curiosities” →

Columns, Constitutional Law, Free Speech

Policing Pronouns: How “Misgendering” is Becoming the New Battleground Over Discrimination

Below is my column in the Hill on growing conflicts over “misgendering” in the use of pronouns. Both governmental agencies and academic institutions are increasingly treating misgendering as a form of hate speech or discrimination. That is triggering major free speech fights in this county and abroad.

Here is the column: Continue reading “Policing Pronouns: How “Misgendering” is Becoming the New Battleground Over Discrimination” →

Columns, Congress, Criminal law, Media, Politics

Clinton Lawyer’s Indictment Reveals “Bag of Tricks”

Below is my column in the Hill on the Sussmann indictment by Special Counsel John Durham. The single charge under 18 U.S.C. 1001 is not as significant as the supporting narrative and facts disclosed by Durham in this prosecution. The indictment fills in a number of blanks in how the Clinton campaign pushed a false Russian collusion narrative despite the objections of its own researchers.

Here is the column: Continue reading “Clinton Lawyer’s Indictment Reveals “Bag of Tricks”” →

Columns, Criminal law, Military, Politics

Milley’s Mutiny? A New Book Raises Equally Serious Questions For The Pentagon and the Press

Below is my column in the Hill on allegations concerning Gen. Mark Milley in the final days of the Trump Administration. Milley is expected to answer questions in full this month before Congress.  However, if true, the statements made to subordinates and his Chinese counterpart would constitute serious violations for a military officer. What is striking is how many on the left applauded an account of the military unlawfully assuming control of such decisions to negate or countermand a sitting president. Much like the embrace of censorship, the embrace of such alleged a military challenge to civil control would once be viewed as anathema on the left.

Here is the column: Continue reading “Milley’s Mutiny? A New Book Raises Equally Serious Questions For The Pentagon and the Press” →

Columns, Constitutional Law, Politics, Society, Supreme Court

The New Federalist Party: Biden Moves Forward With the Greatest Federalization Push Since Adams

President Joe Biden has long pledged to “build back better” but in the last few months it has become clear that his transformative plans go beyond mere infrastructure and extend to our very structure of government.

From abortions to elections to rents, Biden is seeking to federalize huge areas to displace state law. Not since John Adams and his Federalist Party has the country faced such a fundamental challenge to our system of federalism. Continue reading “The New Federalist Party: Biden Moves Forward With the Greatest Federalization Push Since Adams” →

Columns, Constitutional Law, Politics

Bubble Wrapping History: The National Archives Moves To “Reimagine” The Founding

Below is my column in the Hill on the recommendations of the anti-racism task force to “reimagine history” at the National Archives. It appears that the Archives are moving forward with warnings and other reforms.

Here is the column: Continue reading “Bubble Wrapping History: The National Archives Moves To “Reimagine” The Founding” →

Columns, Constitutional Law, Criminal law, Free Speech, Politics

“MyPillow Guy” Becomes a Nightmare for a Jan. 6 Rioter — and for Free Speech

Below is my column in The Hill on the re-arrest of an Iowa man who took part in the January 6th riot. The case raises a growing concern over the way courts are weighing the political views of defendants a matter for bail and sentencing.  While raising such concerns inevitably brings out an Internet mob and accusations of being a “fellow traveler,” free speech often demands the protection of the least popular individuals in our society. Many of those who long denounced the censorship of suspected Communists in the 1950s now support censorship or blacklisting of individuals on the right. Others remain conspicuously silent in the face of speech sanctions or censorship. The Jensen case reflects a new sense of license in weighing the political views of defendants in determining whether to release or to jail them.

Here is the column: Continue reading ““MyPillow Guy” Becomes a Nightmare for a Jan. 6 Rioter — and for Free Speech” →

Columns, Constitutional Law, Courts, Media, Politics, Supreme Court

The Appeal of Chaos: How Politicians and Pundits are Misconstruing The Supreme Court’s Order on the Texas Abortion Law
Magnum Chaos

Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The order of the Court expressly did not reach the merits and certainly did not, as claimed, overturn Roe v. Wade. The Texas law is not even the greatest threat to Roe. Not only is there a pending case on the docket of the Court that has long been viewed as a serious threat to Roe, but the White House and the House of Representatives are threatening immediate actions that could also create new challenges for pro-choice litigants.

Here is the column: Continue reading “The Appeal of Chaos: How Politicians and Pundits are Misconstruing The Supreme Court’s Order on the Texas Abortion Law” →

Columns, Constitutional Law, Courts, Media, Politics

Supreme Court Rejects Injunction of Texas Abortion Law . . . Media Erupts With Roe Obituaries

For many waking up yesterday, they must have thought that they had a real Rip Van Winkle of a snoozer for the last 50 years.  Across the spectrum, legal experts were declaring the death of Roe v. Wade after the Supreme Court refused to enjoin a Texas anti-abortion law in an emergency filing. Rep. Alexandria Ocasio-Cortez announced that the Supreme Court just  “overturned” Roe in the order. The mainstream coverage ranged from the outright death of Roe to its being rendered to a vegetative state. Even more reasoned analysis asked “Is this how Roe v. Wade dies?” The answer is no.  This is how legal analysis dies. Continue reading “Supreme Court Rejects Injunction of Texas Abortion Law . . . Media Erupts With Roe Obituaries” →

Columns, Congress, Constitutional Law, Criminal law, Media, Politics

Subpoena Tsunami: House Democrats Issue Hundreds of Secret Subpoenas Targeting GOP Colleagues and Others

Below is my column in The Hill on the subpoena tsunami coming out of the House Select Committee investigating the Jan. 6th riot in Congress. The list of hundreds of targets include not only GOP members of Congress but demands for secrecy from these companies on the identity of targets. Just two months ago, the Democrats denounced such secret orders by the Justice Department as a threat to our civil liberties.

Here is the column: Continue reading “Subpoena Tsunami: House Democrats Issue Hundreds of Secret Subpoenas Targeting GOP Colleagues and Others” →