Category: Columns

Columns, Congress, Constitutional Law

Biden’s Blind Spot: “Our Constitutional Principles” Include State Rights Over Elections

Below is my column in The Hill on the selective reliance on “our constitutional principles” has become in the voting rights debate. The Biden Administration and the media often ignore countervailing principles over the right of states to establish rules governing elections. That leaves many in the public uninformed of issues that could ultimately undo parts of these bills in the courts.

Here is the column: Continue reading “Biden’s Blind Spot: “Our Constitutional Principles” Include State Rights Over Elections” →

Columns, Politics

Cuomo Accused of Being Serial Harasser as Cuomo Attacks Accusers as Political Hacks

The late New York Gov. Mario Cuomo once famously said “I have no quarrel with people seeing me as a sinner.” Politicians can indeed survive as sinners, particularly repentant sinners. However, his son, Andrew Cuomo, the current New York governor, moved today from presumed sinner but presumed assaulter.  He is facing eleven women, including a current staffer, who have accused him of extensive acts of sexual harassment and assault. Andrew Cuomo is looking at years of litigation, including depositions as not just a sinner but a virtual predator. Continue reading “Cuomo Accused of Being Serial Harasser as Cuomo Attacks Accusers as Political Hacks” →

Columns, Constitutional Law, Courts, Media, Politics

The Biden Administration Goes To War With The “Non-Vacs”: Is Coercion the Answer?

Below is my column in the Hill on the shift from reasoned consent to coerced consent in the campaign for vaccinations. The push by the Biden Administration for private companies to enforce mandates and restrictions has increased in the last week. There is a high likelihood of a new round of litigation as pressure builds for new mandates and even lockdowns.

Just before this column ran, CDC Director Rochelle Walensky was asked by Fox host Bret Baier “Are you for mandating a vaccine on a federal level?” She responded “That’s something that I think the administration is looking into.” Later she reversed herself by saying “I was referring to mandates by private institutions and portions of the federal government. There will be no federal mandate.” It was a telling response because she was asked about a federal mandate directly. She now says she meant to say a privately enforced mandates is what they are thinking about. The reversal may be a problematic as the original. It would confirm that the Biden Administration is using private companies as a type of direct surrogate for a public mandate.

Here is the column: Continue reading “The Biden Administration Goes To War With The “Non-Vacs”: Is Coercion the Answer?” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

The Kavanaugh Conspiracy: Demands To Reopen Investigation Ignore Both Key Facts and Law

Below is my column in The Hill newspaper on the renewed calls for the investigation of Justice Brett Kavanaugh.  The often over-heated coverage however omits key factual and legal context for a new report.

Here is the column:

Continue reading “The Kavanaugh Conspiracy: Demands To Reopen Investigation Ignore Both Key Facts and Law” →

Columns, Constitutional Law, Criminal law, Free Speech

New Jersey Woman Triggers Free Speech Case With Profane Anti-Biden Signage

I have previously lamented that we appear to be a nation addicted to rage. There is no greater example than Andrea Dick, a Trump supporter who has adorned her yard in Roselle, Park New Jersey with profane attacks on President Joe Biden. The signage led to a complaint and ultimately a ruling by Judge Gary A. Bundy of Roselle Park Municipal Court that she must remove the offending signs. One of the burdens of being a free speech advocate is that you often must defend the speech of people with whom you disagree, even despise. This is one such case. Dick’s signage is juvenile and highly offensive. However, it is also free speech. Judge Bundy is entirely right in his expression of disgust but, in my view, entirely wrong in his analysis of the First Amendment. Continue reading “New Jersey Woman Triggers Free Speech Case With Profane Anti-Biden Signage” →

Columns, Constitutional Law, Media, Politics

The Shadow State: Embracing Corporations As Surrogates For Government Action

Below is my column on the expanding role of corporations as surrogates for the federal government. The White House is openly calling for greater corporate action to address censorship, health care, and other issues.  That call is being supported by a growing list of Democratic members, journalists, and academics who have discovered the advantages of shared corporate governance.

Here is the column: Continue reading “The Shadow State: Embracing Corporations As Surrogates For Government Action” →

Columns, Congress, Constitutional Law, Torts

The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

Below is my column in The Hill newspaper on the declaration of a gun violence emergency by New York Gov. Andrew Cuomo.  The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. If it sounds familiar that is because it is painfully familiar.  It has failed repeatedly in various states, including New York. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. However, that is not the point. The point is the appearance of action, not the ultimate result of such action.

Here is the column: Continue reading “The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire” →

Columns, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics, Supreme Court

Justice or Just Deserts? Trump, Cosby and Georgia Cases Show Rising Cost of Political Litigation

Below is my column in the Hill on a series of cases that appear propelled by political rather than legal considerations.  The costs to the legal system, the public, or victims in such cases are often overlooked but they are considerable.

Here is the column:

Continue reading “Justice or Just Deserts? Trump, Cosby and Georgia Cases Show Rising Cost of Political Litigation” →

Columns, Congress, Constitutional Law, Politics

Georgia On My Mind: The Biden Administration Doubles Down on New Challenge Despite Victory of Arizona In Voting Case

Below is my column in USA Today on the Supreme Court’s rejection of the challenge to the Arizona’s new election rules. The 6-3 decision undermines the claims raised in the new challenge to Georgia’s election law.  Indeed, the Biden Administration is pursuing a new challenge that could result in a sweeping loss under the Voting Rights Act.

Here is the column:

Continue reading “Georgia On My Mind: The Biden Administration Doubles Down on New Challenge Despite Victory of Arizona In Voting Case” →

Columns, Constitutional Law, Criminal law

Could Cosby Sue For Wrongful Conviction?

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault.  The opinion (below) correctly found that the trial judge and prosecutors denied Cosby a fair trial and due process in 2018. The question now is whether Cosby might seek damages for his conviction and incarceration. Continue reading “Could Cosby Sue For Wrongful Conviction?” →

Columns, Lawyering, Media, Politics, Society

Politics By Other Means: Why Giuliani’s Suspension Should Worry All Lawyers

Below is my column in The Hill on the suspension of Rudy Giuliani by the New York Bar. The widespread hatred for Giuliani may be blinding many to the more troubling aspects of the opinion by the New York Supreme Court.

Here is the column: Continue reading “Politics By Other Means: Why Giuliani’s Suspension Should Worry All Lawyers” →

Columns, Society, Supreme Court

Student Athletes or Independent Contractors? The Supreme Court Moves the Goalposts on College Sports

Below is my column in The Hill on the recent ruling on college athletes by the Supreme Court.  The decision could prove to be the critical “crossing the Rubicon” moment for college sports and force schools to address long unsettled questions regarding big sports programs.

Here is the column: Continue reading “Student Athletes or Independent Contractors? The Supreme Court Moves the Goalposts on College Sports” →

Columns, Constitutional Law, Free Speech, Supreme Court

Supreme Court Rules 8-1 for Cheerleader in Mahonoy Case In Major Victory for Free Speech

For those seeking to portray the Supreme Court as, to use President Joe Biden’s words, “out of whack,” the Court itself continued to disappoint critics this week with another major and nearly unanimous decision in the long-awaited decision in Mahonoy v. B.L. While many of us in the free speech community hoped for a bright-line decision protecting student speech, the decision sharply rebuts the sweeping claims of schools (from high schools to universities) of authority to monitor and punish off-campus speech.  What is striking about the language is that the Court secures near unanimous decision by limiting the reach of the decision. Continue reading “Supreme Court Rules 8-1 for Cheerleader in Mahonoy Case In Major Victory for Free Speech” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

Biden’s Bad Run: Is The Biden Administration Doing Worse Than The Trump Administration In The Courts?

Below is my column in the Hill on the growing number of losses by the Biden Administration in courts around the country, including a particularly embarrassing loss before the United States Supreme Court. What is notable is that such losses in the early days of the Trump Administration led to coverage declaring a war on the “rule of law” and even indications of authoritarianism. The Biden losses have received little coverage despite what could be a worst record in the early days of his Administration. The fact is that such adverse decisions are not uncommon as Administrations try to fast track changes. However, the Biden Administration has actually had some very serious losses, including some which are being appealed. Yet, many previously outspoken legal experts have either blamed conservative judges  or simply ignored the losses all together. It is a continuation of an interesting pattern where Democrats are adopting the very rationales that they once denounced.

Here is the column: Continue reading “Biden’s Bad Run: Is The Biden Administration Doing Worse Than The Trump Administration In The Courts?” →