There is a notable torts verdict in Maryland where a jury handed down a multi-million dollar verdict against Walmart for selling a shotgun to an employee who used it to commit suicide. The verdict raises difficult questions over Walmart’s responsibility for the suicide of Jacob Mace, who lied to store employees, under common law torts. Continue reading “Maryland Jury Rules Walmart Liable for Selling Shotgun Used in Employee Suicide”
Category: Constitutional Law
The early reviews of Rage and the Republic are in! In a few days, books (including an audiobook) will be shipped out and on the shelves of bookstores by February 3. Simon & Schuster is releasing the book to coincide with the 250th anniversary of the Declaration of Independence.
Yesterday, Minnesota Attorney General Keith Ellison, on behalf of the state and alongside the cities of Minneapolis and Saint Paul, filed a federal lawsuit that is most notable in the absence of any intelligible legal principle. The effort to stop the surge of federal personnel to investigate fraud and enforce immigration is breathtakingly frivolous and farcical. Continue reading “Minnesota Files Meritless Lawsuit to Stop Increase in Fraud Investigation and Immigration Enforcement”
Below is my column in The Hill on the refusal of many to consider all of the facts in the shooting of Renee Good in Minneapolis. The myopic analysis of press and pundits shows how the tragedy is being weaponized for political purposes.
Here is the column:
Continue reading “The ICE Elephant: Why the Law Requires All the Facts”
“Are you not entertained?” With the country’s economy improving and other issues losing traction with the public, Democrats are increasingly turning to the one thing lacking in Washington: impeachments. Continue reading ““Are You Not Entertained?” Democrats Announce New Impeachment Games to Draw Midterm Voters”
It can fairly be said that the most precarious jobs in the world are those of a golf ball collector at a driving range, a mascot at a Chuck E. Cheese, and a Trump Administration lawyer.
That was evident at the press conference yesterday as President Donald Trump blew apart the carefully constructed narrative presented earlier for the seizure of Venezuelan President Nicolás Maduro and his wife, Cilia Flores. Some of us had written that Trump had a winning legal argument by focusing on the operation as the seizure of two indicted individuals in reliance on past judicial rulings, including the decisions in the case of former Panamanian dictator Manuel Noriega. Continue reading “Operation Absolute Resolve: Why Trump Went Off Script and Why it Will Not Matter”
Rep. Eric Swalwell (D., Cal.) will not be outdone again. Recently, Swalwell was outvoted in Congress by a colleague who had died months earlier. Now, he is ensuring that, when it comes to violating the Constitution, no one is even close. This week, Swalwell pledged that, if elected California governor, he will arrest ICE officers and take away their driver’s licences. Continue reading “Swalwell Pledges to Arrest ICE Agents and Take Away Their Driver’s Licenses”
We have been discussing the efforts of school officials around the country to block information for parents on their children changing their gender in public schools, including a recent victory for parents in Michigan. I have long been a critic of such attacks on parental rights in our schools. Now, parents have another major victory in California from District Court Judge Roger Benitez, who offered a resounding ruling in support of the inherent rights of all parents. However, public school boards, administrators, and teachers’ unions are continuing the fight to bar parents from knowing about gender changes in their children. Nevertheless, it is a great way to end this year for everyone who values family and parental rights.
Continue reading “Parents Win Major Victory in California Public Schools in Gender Change Case”
Below is my column in The Hill on how Democrats in some blue states are moving from censoring speech to compelling speech in renewed attacks on free speech. They are facing resistance in the courts despite determined efforts to force others to mouth approved viewpoints.
Here is the column:
Continue reading “Democratic Despotism: The American Left Moves from Censored to Compelled Speech”
In an age of rage, the loudest lunatic reigns supreme. The sudden rise of Jennifer Welch vividly proves that regrettable fact. Welch is the face of rage, spewing hate-filled attacks to feed a rage addiction on the left. She is also an example of how many on the left call for censorship to combat disinformation, but constitute some of the greatest sources of such false and misleading stories. This week offers another such example. After attacking Charlie Kirk’s widow as a “grifter,” Welch declared that Kirk “justified” his own killing. The basis for that disgraceful claim is a false viral claim that Kirk shrugged off the killing of school kids from gun violence. Despite being repeatedly debunked, liberals like Welch continue to spread the claim. Continue reading “Jennifer Welch Declares that Kirk “Justified” His Own Assassination”
Below is my column in The Wall Street Journal on the move to sharply curtail the use of jury trials in Great Britain. The ill-conceived move is the work of Secretary of State for Justice and Lord Chancellor David Lammy, who previously denounced the idea as an abandonment of British values and the loss of a critical protection for citizens. It is a tragic variation on Winston Churchill’s legendary observation about the fleeting virtue of the insufferably sanctimonious. Like the socialite who was indignant when Churchill puckishly offered a small amount of money to sleep with him, it turns out that Lammy was “just haggling over price.” When faced with significant savings, Lammy is willing to toss aside the right that once defined them as a people.
Continue reading “Britain Moves to Curtail Jury Trials and Free Speech”
This week, the lingering allegations over the marital history of Rep. Ilhan Omar (D., Minn.) took an ominous step when Border Tsar Tom Homan publicly acknowledged that the government is looking into the matter. Rep. Omar has long denied that she married her brother to gain his entry into the United States, but the allegation has continued to rage on the Internet and among her critics. The question is whether this is a substantive case of fraud or defamation. Continue reading “Border Tsar Homan Announces Investigation into Rep. Omar: A Case for Fraud or Defamation?”
As I discussed in yesterday’s coverage of the oral arguments in Trump v. Slaughter, the argument went poorly for those who sought to sustain the 90-year-old precedent in Humphrey’s Executor, limiting a president’s power to fire members of independent commissions. It seems unlikely that Humphrey’s Executor will live to see 91 after Chief Justice John Roberts called it “just a dried husk.”
As is increasingly becoming the case, Justice Ketanji Brown Jackson stole the show with some of her comments on her view of the underlying constitutional issues. She suggested that “experts” in the Executive Branch generally should not be subject to termination by a president. It is a virtual invitation for a technocracy rather than a democracy. Continue reading “Humphrey’s Estate and Jackson’s Experts: Justice Offers Surprising View of the Separation of Powers”
The military has long had a saying that “when you only have a hammer, every problem looks like a nail.” When it comes to impeachment power, Democrats have long acted as if every problem is a high crime and misdemeanor. After two impeachments against President Donald Trump (including what I labeled as an infamous “snap impeachment“), Democratic politicians and pundits are back calling for the impeachment of President Trump and Secretary of Defense Pete Hegseth. Continue reading ““An Impeachable Moment”: Impeachment Mania Returns in Time for the Midterm Elections”