Category: Congress

‘You Have This Superpower”: Jury Nullification Becomes the Latest Attack on the Court System

Below is my column on campaigns on the left to enlist citizens in jury nullification. It is the latest assault on the integrity of our courts. Long supported by far-left law professors and pundits, it encourages potential jurors to disregard the evidence and the law in rendering a form of social justice.

Here is the column: Continue reading “‘You Have This Superpower”: Jury Nullification Becomes the Latest Attack on the Court System” →

“I am Trying to Figure Out the Way to Do This”: MS NOW, Omar, and the Art of the Evasion

Below is my column in Fox.com on the recent MS NOW interview with Rep. Ilhan Omar. The most impressive aspect of the segment with Chris Hayes was how he could conduct an extended interview without actually asking long-standing, unanswered questions. When it comes to the art of evasion, it was a masterpiece. In case you are curious, here are the questions not asked of Rep. Omar.

Here is the column: Continue reading ““I am Trying to Figure Out the Way to Do This”: MS NOW, Omar, and the Art of the Evasion” →

A Game of Chicken? Whitehouse Taunts Biden and Other Democrats For Being Too “Chicken” to Pack the Court

Sen. Sheldon Whitehouse, D-R.I., has added schoolyard taunts to his call to pack the Supreme Court with an instant liberal majority. Last week, Whitehouse denounced former President Joe Biden and other Democrats for being “too chicken” to pack the Court and, in the view of many of us, destroy the institution that has been critical to the success of this Republic for 250 years. Continue reading “A Game of Chicken? Whitehouse Taunts Biden and Other Democrats For Being Too “Chicken” to Pack the Court” →

“I Want that Deterrence Message”: Did Michigan Democrat Sen. Elissa Slotkin Just Go Full Kurtz?

This election, Democrats have careened to the far left with calls to pack the Supreme Court, unleash a flurry of impeachments, and investigate Republicans. Few, however, have been as honest as Sen. Elissa Slotkin (D., Mich.) about the purpose of such threats. Slotkin recently said the quiet part out loud in an interview at my alma mater, the University of Chicago, admitting she wants to deter young people from even considering supporting the Administration… if they know what is good for them. Slotkin seemed to go full Col. Walter Kurtz in the middle of the interview.

Continue reading ““I Want that Deterrence Message”: Did Michigan Democrat Sen. Elissa Slotkin Just Go Full Kurtz?” →

Marc Elias Legal Team Threatens Media with a Lawsuit for Questioning the Health of Democrat Roy Cooper

(MSNBC/via YouTube)

Marc Elias has long been at the center of controversial election tactics, including criminal investigations. If lawyers had to take an oath to first do no harm, the court-sanctioned Democratic lawyer would leave Hippocrates gobsmacked.  Well, Elias is back and his legal team is threatening the media with what appears an entirely meritless defamation lawsuit on behalf of former Gov. Roy Cooper, the Democratic nominee for the United States Senate. Continue reading “Marc Elias Legal Team Threatens Media with a Lawsuit for Questioning the Health of Democrat Roy Cooper” →

Sherrod Brown Goes Full Jaime West: “We’re Not Confirming …Trump Judges”

In Ohio, Sherrod Brown went full Jaime West this week in his U.S. Senate campaign. West is the Indiana candidate who became a viral sensation for pledging to “fire all Republicans” because “I just don’t like them.” Brown appears to be eager to jump on the same rage train and pledged that he will vote against any Republican judicial nominee regardless of their qualifications or background. Continue reading “Sherrod Brown Goes Full Jaime West: “We’re Not Confirming …Trump Judges”” →

Borked or Just Business? Supreme Court Hears Challenge to the Sharing of Viewing Records on Free Sites

Today the Supreme Court will hear arguments in a major case pitting privacy advocates against media companies. By any measure, Salazar v. Paramount Global is a blockbuster case in the making. At issue is the use of viewing habits by companies offering free subscriptions and material to the public. These companies make money by then using that history for tailored marketing programs. Michael Salazar is arguing that a Blockbuster-era law should prevent such sharing of his viewing history, a ruling that would have a massive impact on media and entertainment companies.

Continue reading “Borked or Just Business? Supreme Court Hears Challenge to the Sharing of Viewing Records on Free Sites” →

The Coming Out of Jack Smith: A Former Special Counsel Joins the “No Kings” Movement

Below is my column in The Hill on the appearance of Jack Smith in a “No Kings” T-Shirt just days after his testimony on Capitol Hill, claiming to have had no bias or agenda against Trump. Smith must have known that his presence and dress at the “Power to the People” concert would be widely circulated on the Internet. His message was clear, but entirely unnecessary given his record as Special Counsel.

Here is the column: Continue reading “The Coming Out of Jack Smith: A Former Special Counsel Joins the “No Kings” Movement” →

Protecting the Indispensable Right: It is Time to Pass the Free Speech Attorney’s Fee Legislation

A newly proposed bill in Congress could make a meaningful difference in the fight to restore free speech protections in higher education. The Restoring Civil Rights Attorney’s Fees Act of 2026 would address a practical problem for civil rights and free speech groups suing public universities for the denial of free speech. When universities lose at the preliminary injunction stage, advocates cannot recoup costs and fees. The bill would allow that recovery and, as a result, level the playing field with universities, which can tap public funds to litigate these cases. Continue reading “Protecting the Indispensable Right: It is Time to Pass the Free Speech Attorney’s Fee Legislation” →

Justice (and Justices’ Investments) Should Be Blind: The Alito Controversy Raises Persistent Problem on the Court

Yesterday, Supreme Court Justice Samuel Alito recused himself from one of the term’s most important cases: Suncor Energy Inc. v. County Commissioners of Boulder County. As I have previously discussed, the case involving the liability of energy companies for nuisance actions tied to climate change could have sweeping implications for the country. Justice Alito should be commended for avoiding even the appearance of a personal interest or a conflict in the case. However, the controversy should prompt the Court to explore a longstanding problem for justices in holding financial interests that can conflict with their duties. The solution is simple: justices need to use blind trusts. Continue reading “Justice (and Justices’ Investments) Should Be Blind: The Alito Controversy Raises Persistent Problem on the Court” →

“Corrupted”: Madeleine Dean Joins the Court-Bashing Mob

Rep. Madeleine Dean (D-PA) has been struggling with other members of the Democratic establishment to appease the far-left radicals in her party. Last week, she insisted that she was not concerned about the rising socialist movement in her party. Sixty-five percent of Democratic voters now support socialism and a shocking 60% would support a military coup. Now Dean is throwing the Supreme Court to the mob, declaring that the institution is “corrupted,” the common claim of court-packers to justify a hostile takeover of the Court. She has joined an ignoble list of politicians who choose personal power over our constitutional principles.

Lock and [Re-]Loaded: Third Circuit Greenlights Major Challenge to New Jersey Gun Liability Law

Some of us have been closely following challenges to A1765, New Jersey’s gun industry liability law. In my view, the law is facially invalid and preempted under federal law, and we may now find out after the United States Court of Appeals for the Third Circuit greenlit a challenge from the National Shooting Sports Foundation (NSSF) yesterday. The court found that the NSSF has standing to bring the lawsuit, which could reach the United States Supreme Court. Continue reading “Lock and [Re-]Loaded: Third Circuit Greenlights Major Challenge to New Jersey Gun Liability Law” →

“You Better Get Ready for … War”: Socialists Call for “War in the Streets” and the End of Capitalism

Supreme Irony: Congressional Democrats Seek to Reform Institution That is More Popular Than They Are

Congressional Democrats blocked an effort to introduce a constitutional amendment to bar the Court’s expansion, with many members reiterating their demand to pack the Court to create an instant liberal majority. The Democrats insisted the Court is broken and no longer legitimate because of partisan rulings they want reversed by a packed Court. Ironically, the vote came with the release of the latest Harvard-Harris polling showing that Congress itself is still the least respected institution, while the Supreme Court holds higher approval than either the White House or Congress. Continue reading “Supreme Irony: Congressional Democrats Seek to Reform Institution That is More Popular Than They Are” →