Category: Columns

No Joke: Supreme Court Case Could Take a Big Bite Out of the First Amendment

Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. Continue reading “No Joke: Supreme Court Case Could Take a Big Bite Out of the First Amendment”

The Lords of War: The Perils Facing Trump, Garland, and Smith in Washington’s Legal Arms Race

Below is my column in The Hill on the appointment of a special counsel to investigate former President Donald Trump. All of the three main players — Trump, Attorney General Merrick Garland, and Special Counsel Jack Smith — will face immediate challenges in the legal arms race unfolding in Washington.

Here is the column: Continue reading “The Lords of War: The Perils Facing Trump, Garland, and Smith in Washington’s Legal Arms Race”

What Elephant? AP Denies that There is Any Evidence That Joe Biden Discussed Hunter’s Business Dealings

For those of us who have written about the Hunter Biden scandal and the family’s influence-peddling operation for years, it is routine to read media stories denying the facts or dismissing calls to investigate the foreign dealings. However, this weekend, the Associated Press made a whopper of a claim that there is no evidence even suggesting that President Joe Biden ever spoke to his son about his foreign dealings. I previously discussed how the Bidens have succeeded in a Houdini-like trick in making this elephant of a scandal disappear from the public stage. They did so by enlisting the media in the illusion. However, this level of audience participation in the trick truly defies belief.

Continue reading “What Elephant? AP Denies that There is Any Evidence That Joe Biden Discussed Hunter’s Business Dealings”

Swalwell’s Opposition to Parental Rights is Wrong Legally, Medically, and Politically

Below is my column in Fox.com on the Swalwell attack on parents seeking a greater voice in the education of their children. We discussed the tweet earlier and how it makes a curious argument based on legal and medical standards for clients and patients.

Here is the column:

Continue reading “Swalwell’s Opposition to Parental Rights is Wrong Legally, Medically, and Politically”

“Giddy” as All Get Out? The Winners and Losers in a Shift in Control of Congress

Below is my column in the New York Post on why the self-described “giddy” White House might want to consider the impact of a loss of one or both houses of Congress. While many are still debating who will prevail in contested districts or states, the shift in power could produce its own “winners and losers.” Indeed, the President may find himself as giddy as all get out if he loses control of the House and possibly the Senate.

Here is the column:

Continue reading ““Giddy” as All Get Out? The Winners and Losers in a Shift in Control of Congress”

Washington’s Pandora’s Box: The Opening of the Hunter Biden Laptop Could Expose the Cottage Industry of Influence Peddling

Below is my column in Fox.com on the impact of the likely GOP takeover of the House on the Hunter Biden scandal. Hunter Biden’s laptop is Washington’s Pandora’s Box. Opening up that laptop to greater public scrutiny could expose our local cottage industry of influence peddling.

Here is the column: Continue reading “Washington’s Pandora’s Box: The Opening of the Hunter Biden Laptop Could Expose the Cottage Industry of Influence Peddling”

Biden’s Inner Pluskat: How the Loss of Control of Either House Could Impact the President

Below is my column in the New York Post on what a flipping of either (or both) houses might bring for President Joe Biden. While the President has cited his own impeachment as the danger of such a change, it may be the least of his worries. As we wait for the final tally on seats in both houses, here are three areas that represent a more serious threat to the President than removal from office.

Here is the column:

Continue reading “Biden’s Inner Pluskat: How the Loss of Control of Either House Could Impact the President”

Constitutional Defamation: Democrats, not Democracy, are in Danger this Election

Below is a slightly expanded version of my Hill column on the widespread claims that democracy is in peril if the GOP prevails in the midterm elections. On the eve of the midterm elections, one would think that our constitutional system has only days to live. Indeed, on Fox Sunday, House Majority Whip James Clyburn declared “I’ve studied history all of my life. I taught history. And I’m telling you, what I see here are parallels to what the history was in this world back in the 1930s in Germany. This country is on track to repeat what happened in Germany when it was the greatest democracy going, when it elected a chancellor that then co-opted the media.” In other words, the Republicans are like Nazis about to overthrow democracy, an analogy to the rise of Adolph Hitler. It is notable that Democrats, including President Biden, are now arguing that the media is pro-Trump or coopted by the Republicans.

Here is the column:

Continue reading “Constitutional Defamation: Democrats, not Democracy, are in Danger this Election”

Censoring in the Name of Free Speech: Publishers and Editors Call for Banning Barrett Book

Below is my column this week on the campaign to block the publication of a book by Justice Amy Coney Barrett. It is all a part of movement of censorship and speech intolerance that has swept across our campuses and news rooms. What is most striking is how these editors and publishers are insisting that they are supporting free speech by silencing others.

Here is the column: Continue reading “Censoring in the Name of Free Speech: Publishers and Editors Call for Banning Barrett Book”

“Bakke to the Future”: Supreme Court Reconsiders Affirmative Action with a Conservative Majority

Below is my column in the Hill on today’s argument in the two college affirmative action cases in Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina.

Here is the column: Continue reading ““Bakke to the Future”: Supreme Court Reconsiders Affirmative Action with a Conservative Majority”

How Elon Musk Should Shape Twitter — Sans the Sink

Twitter LogoBelow is my column in the New York Post on the media meltdown over the Musk takeover at Twitter. The column again suggests a way for Musk to make a clean break from the censorship culture and apparatchiks at Twitter: the First Amendment Option.  Musk has already made great progress toward restoring free speech on the platform with the firing of the two chief censors at the company, but the deconstruction of one of the world’s largest censorship systems will be a challenge in the weeks and months ahead.

Here is the column: Continue reading “How Elon Musk Should Shape Twitter — Sans the Sink”

“I Got it Passed by a Vote or Two”: Biden’s Latest Bizarre Boast on Student Loans May Come Back to Haunt Him

This weekend, I ran a column on President Joe Biden’s off-base boast that the Supreme Court and a lower court had declared that they are “on Biden’s side” on tuition forgiveness. After the column ran, however, the President claimed that he pushed through the loan forgiveness program through Congress on a narrow margin. That boast is particularly embarrassing because the Administration is in court claiming that he did not need to get congressional approval for the plan. It is likely to be raised by challengers in the next stage of litigation. It also may strangely reflect a moment of clarity in his subconscious mind, a faint recognition of the constitutional principles that he once defended as a United States senator. Continue reading ““I Got it Passed by a Vote or Two”: Biden’s Latest Bizarre Boast on Student Loans May Come Back to Haunt Him”

Biden’s Boast: Blocking Judicial Review of a Half-Trillion Tuition Giveaway is Nothing to Celebrate

Below is my column in The Hill on the challenges to President Joe Biden’s massive loan forgiveness program.  President Biden boasted that the courts declared that they are “on Biden’s side.” It is not clear if Biden’s counsel explained the actual holdings in these cases or whether Biden simply forgot or ignored that explanation. Either way, the President’s boast was wildly off-base.

Here is the column: Continue reading “Biden’s Boast: Blocking Judicial Review of a Half-Trillion Tuition Giveaway is Nothing to Celebrate”

The Trump Subpoena: Why the Jan 6 Committee’s Timing is both Terrible and Telling

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Below is my column in The Hill on issuance of a subpoena for former President Donald J. Trump by the January 6th Select Committee. It brought together two obsessions: the Bears and the law. The final scheduled play in both the Bears game and the Committee hearings had one striking similarity. In both cases, the throw was solid but it came too late and the reception was much in doubt.

Here is the column: Continue reading “The Trump Subpoena: Why the Jan 6 Committee’s Timing is both Terrible and Telling”

“He was not Arrested”: CNN and MSNBC Ex-Bosses Struggle to Justify Burying the Hunter Biden Story

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“Denial is not just a river in Africa.” Those sage words from SNL character Stuart Smalley seemed prophetic this week as ex-MSNBC boss Phil Griffin and ex-CNN boss Jeff Zucker were confronted about their burying of the Hunter Biden story. Their tortured and transparent rationalizations caused an immediate response from some of us who have written about the scandal since its inception. That included Griffin’s almost laughable claim that their approach before the election was justified because “he was never arrested.” Continue reading ““He was not Arrested”: CNN and MSNBC Ex-Bosses Struggle to Justify Burying the Hunter Biden Story”

Res ipsa loquitur – The thing itself speaks