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.
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”
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.
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.
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Below is my column in The Hill newspaper on the sudden announcement from President Joe Biden that he does not support the elimination of the filibuster. It only took six months.
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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.
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.
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.
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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.
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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?”
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.
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.
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”
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.