Yesterday, I had the pleasure of speaking at the Constitution Day event at James Madison University about “Rage and the Republic.” and various constitutional issues. During the event, organized by the James Madison Center on Civic Engagement, one student asked me what I would change about the U.S. Constitution. I said that I would amend the Constitution to eliminate birthright citizenship, as have other nations who once followed this ill-considered practice. Well, Sen. Rand Paul (R., Kentucky) has wasted no time. He just reintroduced his bill to ban birthright citizenship. Continue reading “Sen. Paul Introduces Birthright Citizenship Amendment”
Category: Constitutional Law
Below is my column in The Hill on the declaration of Gov. Gavin Newsom that he is now officially “evolving.” However, unlike more modest objectives like opposable thumbs over eons, Newsom wants to accomplish a full transformation in one election cycle to appeal to the surging far left of his party. It is a cautionary tale for Democrats who want their party to reposition toward the political center.
Here is the column:
One of the cases that I have been following as we approach the October term of the Supreme Court is Calce v. New York, a case challenging New York’s ban on stun guns. While it is important not to overplay the significance of the order, some justices clearly want to hear more on the case before deciding whether to grant a writ of certiorari for review. New York City was just ordered to file a response to the petition. With the two other major Second Amendment cases on the docket, a review in Calce could be one of the most impactful Second Amendment terms in decades. Continue reading “A Stunning Case in the Making? The Supreme Court Orders New York to Respond in Second Amendment Case”
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.” Across the country, radicals are openly planning for the next stage of their movement, and notably, the Democratic establishment is not part of their plans. Despite the talk of a “Big Tent Party,” socialists are riding high on a surge of support and talking purges and revolution. Continue reading ““You Better Get Ready for … War”: Socialists Call for “War in the Streets” and the End of Capitalism”
A certain pattern is emerging on the far left. Political figures spend years currying the favor of other extremists with outrageous commentary, proudly proclaiming their commitment to eliminating the Senate, opening the border, and other measures. Then, they delete all of the comments and declare themselves mainstream. The idea is to run in the center but govern from the far left, the so-called Spanberger strategy. The latest example is William Lawrence, who is running for Michigan’s 7th Congressional District. However, Lawrence’s prior self reveals just how radical this movement could prove. Continue reading “The Stealth Socialist: Michigan Democrat Joins Other Radicals in Scrubbing Social Media of Past Statements”
Land acknowledgments have become standard at academic and political events, including the opening of the Obama Presidential Library and a recent Michigan Democratic event. While supporters insist it merely shows respect for original inhabitants, critics argue it is the ultimate virtue signaling and is increasingly being forced on both speakers and audiences. One critic is Professor Stuart Reges, who teaches at the computer science and engineering school of the University of Washington. He has now received a settlement from the University of Washington, which spent a significant amount of time and resources in response to his mocking of the school’s land acknowledgment. Continue reading “University of Washington Settles Case Against Professor Disciplined for Mocking Land Acknowledgment”
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”
The Administration won a major victory before the Supreme Court this week, securing a 5-4 decision allowing the resumption of construction of the new White House ballroom. Notably, Chief Justice John Roberts wrote a dissent with his three liberal colleagues to oppose the move. The case turns on the standing of challengers to bring the case. However, as a torts professor, what intrigued me was what the case says about aesthetic injuries. Continue reading “Eye of the Beholder: Aesthetic Injury and the White House Ballroom”
On NBC’s “Meet the Press,” Rep. James Clyburn (D-SC) added his voice to expand the Supreme Court to a “baker’s dozen,” or thirteen members to allow Democrats to add justices who agree with him and Democratic members on how the law must be interpreted. In the meantime, as discussed earlier, court packing is being pushed as the new litmus test for any Democratic candidates. Clyburn’s “baker’s dozen” is a telling description of an effort to bake in partisan views on a Court expanded to create an instant liberal majority. In defending this hostile takeover of the Court, Clyburn bizarrely insisted that the failure to do so might lead to a return to antebellum conditions when blacks were being given fewer rights than whites. Continue reading “Clyburn Calls for Packing the Court with “Baker’s Dozen” to Flip Cases”
Below is my column in The Hill on the latest controversy from the chambers of Judge Indira Talwani. While the court could be upheld in halting the executive order on mail-in balloting in this case, Talwani is one of a number of jurists who have been habitual blockers of executive reforms and policies. Talwani has been criticized in the past as something of a one-stop option for forum-shoppers. Her record reaffirms the rationale for justices in using the emergency docket, or so-called “shadow docket,” to deter gaming the system.
Here is the column: Continue reading “The Long Shadow of Judge Indira Talwani”
There was a curious moment this week when Michigan Senate nominee Abdul El-Sayed expressed shock that people were asking him about a “streamer in California” as he campaigns for the Senate in Michigan. That streamer is, of course, Hasan Piker. Despite El-Sayed’s disbelief, the questions stemmed from the fact that he brought Piker from California to campaign with him in Michigan and embraced him despite condemnations of Piker’s virulent antisemitism and violent rhetoric. However, the problem goes far deeper, as El-Sayed distances himself from views he has previously voiced. Continue reading “Abdul El-Sayed and the Piker Problem”
Below is my column in Fox.com on the interview last night of Michigan Democratic Senatorial candidate Abdul El-Sayed with Fox host Jesse Watters. (An earlier version appeared on the blog, but I have replaced it with this shorter version).
Here is the column:
Below is my opinion on recent incidents involving customers being forced out of businesses due to their political views or associations. There is a crushing irony for some who supported efforts to force businesses to prepare products from cakes to websites despite religious and political objections. In these cases, the owners were refusing to offer the same services (not expressive products) that they offer other customers.
Here is the column: Continue reading ““This is My Place of Business”: How Cakes and Coffee Continue to be Groundzero in an Age of Rage”
This week, the Fourth Circuit issued a major ruling striking down South Carolina’s limits on absentee ballots. The relatively novel basis of this opinion (by Judges Roger Gregory, Judge Pamela Harris, and Judge Julius Richardson) was that it violated the 26th Amendment as discrimination on the basis of age for voters. The opinion conflicts with rulings in other circuits and, in my view, is challengeable.