Category: Constitutional Law

The European Court Denies Appeal of Parents Seeking Custody Over Their Children in Religious Freedom Case

The Samson family/ADF International

In Sweden, a Christian couple is going through a nightmare that captures the growing bias and targeting of religious families in Europe. Daniel and Bianca Samson have been fighting to regain custody of their daughters since 2022 after the government cited their regular church attendance and faith as warranting their removal. Continue reading “The European Court Denies Appeal of Parents Seeking Custody Over Their Children in Religious Freedom Case”

Hotty Toddy, Gosh Almighty: Turley to Speak on “Rage and the Republic” at Ole Miss Today

I am delighted to serve as the keynote speaker this evening at the University of Mississippi’s The Declaration of Independence Center for the Study of American Freedom. I will be discussing my book, Rage and the Republic: The Unfinished Story of the American Revolution.” I hope to see some of our blog community near Ole Miss at the 5:30 event in Bryant Hall (209). Continue reading “Hotty Toddy, Gosh Almighty: Turley to Speak on “Rage and the Republic” at Ole Miss Today”

How a First-Grader Taught Her School District and a Federal Judge about Free Speech

Below is my column in The Hill on the recent significant victory for free speech out of the United States Court of Appeals for the Ninth Circuit. It is a story of how this little first-grade girl schooled her principal and a federal judge on the essence of free speech.

Here is the column: Continue reading “How a First-Grader Taught Her School District and a Federal Judge about Free Speech”

HAPPY BIRTHDAY, JEMMY!!!

Today is the birthday of our greatest Framer and the genius behind our Constitution: James Madison. He would have been 275 years old. I ordinarily celebrate at home (as shown in this picture from a previous Jemmy Party). However, I am in Naples, Florida, to talk about Rage and the Republic, which discusses Madison’s brilliant design for our Republic. I will be toasting Jemmy tonight as I hope you do. Continue reading “HAPPY BIRTHDAY, JEMMY!!!”

Boasberg’s Law: Why The Quashing of the Powell Subpoenas Leaves More Questions Than Answers

Last week, Chief Judge James Boasberg delivered a blow to the criminal investigation into Fed Chair Jerome Powell by tossing out grand jury subpoenas. Boasberg declared the investigation overtly political and coercive, without any criminal predicate. The decision is a rare rejection of a duly issued grand jury subpoena at this stage of an investigation. In my view, he was premature and could face a difficult appeal in In re Grand Jury Subpoenas, Bd. of Governors of the Federal Reserve System v. U.S. Continue reading “Boasberg’s Law: Why The Quashing of the Powell Subpoenas Leaves More Questions Than Answers”

Minnesota Democrats Move to Ban Semiautomatic Rifles While Requiring Home Inspections for Current Owners

Across the country, Democrats are moving to ban popular semiautomatic weapons as well as magazines holding more than 10 or 15 rounds of ammunition. That includes, most recently, Virginia, which has careened to the left after the election of Gov. Abigail Spanberger (D). However, the most chilling such legislation may be in Minnesota, where state Sen. Matt Klein has introduced SF 4290. The law not only bans semiautomatic rifles and magazines with more than ten bullets, but also allows citizens to keep prior purchased weapons only if they agree to allow the police to enter their homes to inspect storage and safety conditions.

Continue reading “Minnesota Democrats Move to Ban Semiautomatic Rifles While Requiring Home Inspections for Current Owners”

Seventh Circuit Delivers Sharp Rebuke to Chicago District Judge Over Her “Constitutionally Suspect” Orders Against the Trump Administration

There has been an ongoing struggle between district court judges and the Trump Administration over a variety of policies. In the first year, some district court judges issued nationwide injunctions that were largely rejected by the Supreme Court and appellate courts. These conflicts have continued and the intracourt tensions have increased. That was evident with the recent decision of the United States Court of Appeals for the Seventh Circuit, which delivered a virtual haymaker in reversing Judge Sara Ellis, an Obama nominee. The panel criticized Ellis for limiting the operation of federal officers in Chicago, saying that she “effectively established the district court as the supervisor of all Executive Branch activity in the city of Chicago.” Continue reading “Seventh Circuit Delivers Sharp Rebuke to Chicago District Judge Over Her “Constitutionally Suspect” Orders Against the Trump Administration”

From Redcoats to Robots: AI and Robotic are Challenging our Republic’s Future

Below is my column in The Hill on the recent announcements of additional layoffs due to AI and robotics. The economic and political impact of this technological revolution is a focus of my new book Rage and the Republic. We are already watching this unfold, including the adoption of Universal Basic Income programs around the country. These changes will constitute one of the greatest challenges to our Republic on the 250th anniversary of our independence.

Here is the column: Continue reading “From Redcoats to Robots: AI and Robotic are Challenging our Republic’s Future”

Democratic Leaders Struggle to Explain Their Past Support for Unilateral Presidential War Powers

In Rage and the Republic, I quote former Rep. Jaamal Bowman (D., N.Y.) as capturing the essence of an age of rage when a colleague asked him to stop yelling outside of the House floor. Bowman responded, “I was screaming before you interrupted me.”

Bowman’s statement came to mind this week when Democratic members were miffed when they were interrupted in tirades over war powers with questions about their prior support for unilateral attacks by Democratic presidents. Leaders like Rep. Nancy Pelosi (D., Cal.) and Sen. Adam Schiff (D., Cal.) struggled to explain their prior support for President Barack Obama in doing precisely that in Libya with embarrassing results. Continue reading “Democratic Leaders Struggle to Explain Their Past Support for Unilateral Presidential War Powers”

Prosecution of Maltese Man for Discussing Transition from Homosexuality Ends in Acquittal

We have been discussing the erosion of free speech rights across Europe, particularly within the European Union. The crackdowns on free speech in the United Kingdom, Germany, and France are often the focus of these columns. However, a recent case shows how smaller countries like Malta have joined this effort with a repressive vigor. Fortunately, the prosecution of Matthew Grech, 33, ended in acquittal this month, but not for a lack of effort by the government. The case should shock the conscience of anyone who values this “indispensable right.” Continue reading “Prosecution of Maltese Man for Discussing Transition from Homosexuality Ends in Acquittal”

In Loco Parentis: Supreme Court Decision Highlights Growing Problems with Parents in Blue States

In the law, the concept of In loco parentis refers to those who act in the place of parents. The problem is when that authority is taken rather than granted. It is a growing problem in blue states as parents push back on Democratic measures stripping them of notice or consent over their children in public schools. Continue reading “In Loco Parentis: Supreme Court Decision Highlights Growing Problems with Parents in Blue States”

A Rock and a Hard Place: NY AG James Orders Hospital to Resume Gender-Transition Treatment for Minors

In a rare and controversial move, New York Attorney General Letitia James has ordered a Manhattan hospital to resume offering gender-transition treatment to transgender youth. NYU Langone had discontinued such treatments after funding threats from the Trump administration. It is now caught between the proverbial rock (HHS) and a hard place (NYAG). Continue reading “A Rock and a Hard Place: NY AG James Orders Hospital to Resume Gender-Transition Treatment for Minors”

Supreme Court Delivers Key Victory for Parental Rights in California

The Supreme Court on Monday issued an important order on its shadow docket in Mirabelli v. Bonta. The court granted an emergency appeal filed on behalf of Catholic parents by the Thomas More Society, blocking a state law that barred parental notification that their children had changed their gender identity. Continue reading “Supreme Court Delivers Key Victory for Parental Rights in California”

More Bark Than Bite: Kaine’s War Powers Resolution is an “Imminent” Failure

We now have a glimpse of the War Powers Resolution promised by Sen. Tim Kaine (D., Va.), which is reportedly scheduled for a vote in the Senate on Tuesday. The resolution purportedly ends all combat operations against Iran … until you reach the very end where there is a hole that you could drive a combat task force through. Continue reading “More Bark Than Bite: Kaine’s War Powers Resolution is an “Imminent” Failure”

Court Rules for Washington Post Reporter in Major Win for the Press in National Security Case

There was an important ruling last week by Magistrate Judge William B. Porter of the Eastern District of Virginia in favor of the press regarding the handling of files and materials taken in a search of the home of a Washington Post reporter. Judge Porter ruled against the Trump Administration in what he called an “unsupervised, wholesale” search of the files of Hannah Natanson, who covers the federal government for The Post. Instead, the court itself will conduct the review in camera. Continue reading “Court Rules for Washington Post Reporter in Major Win for the Press in National Security Case”