Category: Constitutional Law

Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate”

Below is my column on Fox.com on House Minority Leader Hakeem Jeffries declaring the Supreme Court “illegitimate.” It is a statement that has dangerously moved beyond the mere hyperbolic as Democrats push to pack or even eliminate the Court.

Here is the column: Continue reading “Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate””

Shell Speech: Why the Second Comey Indictment is Likely to Fail

Below is my column on Fox.com on the second indictment of former FBI director James Comey. Despite being one of Comey’s longest critics, the indictment raises troubling free speech issues. In the end, it must be the Constitution, not Comey, that drives the analysis and this indictment is unlikely to withstand constitutional scrutiny. If it did, it would allow the government to criminalize a huge swath of political speech in the United States.

Here is the column:

Continue reading “Shell Speech: Why the Second Comey Indictment is Likely to Fail”

“Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution

“Incredible, unstoppable titan of terror!” Those words advertising the 1954 movie Godzilla could be the billing of a new freakish giant stretching across the sleeping farm fields of Virginia. Now in a court near you is The Lobster, a monster over 100 miles long. The only saving grace is that this creature only devours Republicans, leaving roughly half the state with virtually no representation in Congress. Continue reading ““Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution”

“Let’s Get Ruthless”: Bulwark’s Bill Kristol Suggests Illiberal Means Are Needed to Save Liberal Democracy

Below is my column on Fox.com discussing the most recent call to be “ruthless” and to pack the Supreme Court. It is only the latest call for fundamental changes in our system on the 250th anniversary of our revolution.

Here is the column: Continue reading ““Let’s Get Ruthless”: Bulwark’s Bill Kristol Suggests Illiberal Means Are Needed to Save Liberal Democracy”

“I Don’t Hear You Answering My Question”: Virginia Attorney General Jay Jones Punts on Whether Redistricting Language Passes Constitutional Muster

As Virginia heads to the state Supreme Court, Virginia Attorney General Jay Jones (D) will have to up his game a bit. For starters, he will have to actually defend the redistricting resolution as constitutional when prompted.  In a recent interview with CNN, even the host of the friendly network expressed frustration that Jones could not seem to get himself to actually defend the dubious language of the ballot measure. Continue reading ““I Don’t Hear You Answering My Question”: Virginia Attorney General Jay Jones Punts on Whether Redistricting Language Passes Constitutional Muster”

The SPLC Indictment: Can Public Interest Groups Run Alleged Black-Bag Jobs and Confidential Informants?

The indictment of the Southern Poverty Law Center on federal fraud charges this week is the start of what could become not just a major criminal prosecution but a major constitutional challenge. At issue is whether the Center’s secret operations to enlist and pay informers constituted fraud of its donors. Continue reading “The SPLC Indictment: Can Public Interest Groups Run Alleged Black-Bag Jobs and Confidential Informants?”

“F**k It…Just Do It”: Carville Lays Out Democratic Plan to Add States and Pack the Court To Retain Power

Various Democrats have been openly discussing their plans after retaking power to change the system so they never lose power again. Democratic strategist James Carville has been one of the most vocal and returned to the subject this week in laying out how they will make D.C. and Puerto Rico states and pack the Supreme Court with a liberal majority. Continue reading ““F**k It…Just Do It”: Carville Lays Out Democratic Plan to Add States and Pack the Court To Retain Power”

New York Versus the Nuns: The Dominican Sisters Face Penalties for Refusing to Yield on Religious Values

New York has been a godsend for gun rights in passing a series of unconstitutional limits on Second Amendment rights only to result in major adverse rulings. It may soon do the same for the free exercise of religion. New York is now going head-to-head with a group of Dominican nuns over a law challenged as unconstitutional. New York Gov. Kathy Hochul and the state are being sued over a law that forces religious organizations to adhere to LGBTQ policies.   Continue reading “New York Versus the Nuns: The Dominican Sisters Face Penalties for Refusing to Yield on Religious Values”

USC Bans Men from Gym Areas to Avoid Triggering Women and Non-Binary Students

According to the New York Post, the University of Southern California has adopted a policy banning men from certain workout areas. The plan, pushed by an LGBTQ+ group, is designed to prevent the presence of males from triggering women or non-binary students. It may, however, trigger a major legal challenge.

Continue reading “USC Bans Men from Gym Areas to Avoid Triggering Women and Non-Binary Students”

The Maine Event: Shenna Bellows Runs for Governor on Unconstitutional Effort to Bar Trump from Ballot

Maine’s Secretary of State Shenna Bellows is actually running for governor on her willingness to take flagrantly unconstitutional action. Bellows is touting her removal of Trump from the ballot, an effort that led to a unanimous Supreme Court swatting down Colorado and Maine. Bellows is virtually giddy recounting her efforts to stymie democracy and prevent voters from casting their ballots for the man who ultimately won the election. Continue reading “The Maine Event: Shenna Bellows Runs for Governor on Unconstitutional Effort to Bar Trump from Ballot”

“It’s Our Nature”: Colorado Doubles Down on New Assaults on the First Amendment

Colorado’s tourism slogan, “it’s our nature,” has a menacing meaning for free speech advocates. Colorado is now arguably the most anti-free speech state in the union, pushing an array of measures attacking those with opposing social and political views. The irony is that the state has proved a bonanza for free speech with spectacular legal failures that reaffirmed rather than restricted the First Amendment. Now, the Democratic legislature and governor are back with new unconstitutional measures, including a requirement that lawyers not share information with federal immigration officials as a condition for filing with state courts. Continue reading ““It’s Our Nature”: Colorado Doubles Down on New Assaults on the First Amendment”

The 28th Amendment: Is it Time for a New Amendment on the Meaning of Citizenship?

Below is my column in the Hill on the expected reaffirmation of birthright citizenship by the Supreme Court after the oral arguments in Trump v. Barbara. The question raised in the column is whether such a decision should be the final word on the subject or whether we should have a national debate on a possible new citizenship amendment. Some countries among the minority recognizing birthright citizenship had such debates and decided to reject it. Polls indicate that most Americans support birthright citizenship. If so, an amendment would obviously fail. However, it may be time to have such a national debate.

Here is the column: Continue reading “The 28th Amendment: Is it Time for a New Amendment on the Meaning of Citizenship?”

Supreme Court Asked to Hear “Let’s Go Brandon” Case

I have previously written about D.A. v. Tri-County Area Schools, one of the worst free speech decisions to come out of the appellate courts in years.  In this case, the United States Court of Appeals for the Sixth Circuit upheld a school ban on high school students wearing “Let’s Go Brandon” sweatshirts. Sixth Circuit Judge John Nalbandian was joined by Judge Karen Nelson Moore in a deeply flawed holding that, under the “vulgarity exception,” the action was constitutional. The Supreme Court needs to grant review in this case and reverse this obnoxious decision. Continue reading “Supreme Court Asked to Hear “Let’s Go Brandon” Case”

Louisville Shells Out $800,000 for Unconstitutional Demands on Christian Photographer

The city of Louisville, Kentucky, has agreed to pay $800,000 in attorney fees to settle a case with a Christian photographer who fought to protect her religious and free speech rights over the years of litigation. Louisville ultimately spent a fortune to force Chelsey Nelson to photograph same sex marriages under its nondiscrimination laws. When combined with its own litigation costs, the case likely cost the city and the courts millions to deny Nelson her constitutional rights. Continue reading “Louisville Shells Out $800,000 for Unconstitutional Demands on Christian Photographer”

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”