Category: Constitutional Law

Columns, Congress, Constitutional Law, Politics

“Start Spreadin’ the News”: New York Losing Billions as Millionaires Flee the Big Apple

Below is my column in the New York Post on the sharp decline in millionaires in New York, costing the state billions as many flee. The exodus has been building for years but may now be accelerating. As Mayor Mamdani holds another press conference promising to end the “violence of evictions,” businesses are reading the writing on the wall. Rather than work to make the state more attractive to wealthy residents and businesses, Democrats are seeking to diminish the appeal of two-tax states. They want to tap into a long-barred area of taxation: the wealth rather than just the income of citizens. By passing a national wealth tax, Democrats will reduce the benefit of fleeing high-tax states like California and New York.

Here is the column:

Continue reading ““Start Spreadin’ the News”: New York Losing Billions as Millionaires Flee the Big Apple” →

Columns, Congress, Constitutional Law, Politics

Ro Khanna Launches Bid as Class Warrior with Expanded Wealth Tax Pledge

Below is my column in the California Post and New York Post on Rep. Ro Khanna confirming that the Billionaire Tax is really not a Billionaire Tax, but rather should be used to target the wealth of others. It is the latest manifestation of the class warfare being unleashed before the midterm elections.

Here is the column: Continue reading “Ro Khanna Launches Bid as Class Warrior with Expanded Wealth Tax Pledge” →

Constitutional Law, Courts, International, Torts

The Absurdity of the Hunter Biden Defamation Case

I have taught torts, including defamation for over 30 years, but I have never seen the like of the Hunter Biden defamation case. The defendant made defamatory statements and then just refused to appear. That led to an equally bizarre $1.7 million award by U.S. District Judge Stephen Wilson of the Central District of California to Biden, consisting of just $1 in nominal damages and the rest in punitive damages.

Columns, Constitutional Law, Politics

“Well Regulated” But Not Well Read: James Talarico Makes Curious Claim on Second Amendment

A virtual cottage industry has emerged among people finding James Talarico clips espousing everything from declaring his campaign meat-free to there being six genders to God being non-binary. One recently uncovered video from a meet-and-greet, however, attracted my interest and deepened my concerns about Talarico. It shows Talarico explaining why sweeping gun control laws do not violate the Second Amendment. The reason, he declared, is that the Second Amendment expressly embraces gun controls by referring to the right as “well regulated.” Continue reading ““Well Regulated” But Not Well Read: James Talarico Makes Curious Claim on Second Amendment” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

The Fall of Josh Shapiro: Pennsylvania Governor Collapses on the Political Waterfront

Below is my column in Fox.com on the recent decision of Pennsylvania Governor Josh Shapiro to join the ranks of Democrats calling for packing the Supreme Court. It is a disappointing moment for many of us who hoped that Shapiro could offer a moderate voice in the upcoming elections, resisting the rise of socialists and communists in his party. Instead, he proved to be just another politician thinking of the next election rather than the next generation. Continue reading “The Fall of Josh Shapiro: Pennsylvania Governor Collapses on the Political Waterfront” →

Columns, Constitutional Law, Politics

No, The Framers Would Have Hated the Billionaire Tax

Below is my column in the Wall Street Journal on the bizarre claim of Gov. Gavin Newsom and others that the Framers would have supported wealth taxes, including the proposed Billionaire’s Tax. It is a claim that seeks to mask the economically unwise with the historically unfounded. The Framers sought to protect property from legislative redistributive impulses. James Madison wrote that the bicameral system, and particularly the Senate, “ought to be so constituted as to protect the minority of the opulent against the majority.” That does not sound like an ally of Bernie Sanders and Ro Khanna.

Here is the column: Continue reading “No, The Framers Would Have Hated the Billionaire Tax” →

Constitutional Law, Politics, Society

“You Cannot Kill the Beast Until You Name it”: Democratic Politician Denounces the Declaration of Independence

Pennsylvania state and socialist Chris Rabb, the Democratic nominee for Pennsylvania’s 3rd Congressional District, has joined the growing chorus of Democrats denouncing the founding documents and core institutions in the country on our 250th anniversary. The Democratic socialist is running unopposed for Congress and will almost certainly be a member of Congress after November. Continue reading ““You Cannot Kill the Beast Until You Name it”: Democratic Politician Denounces the Declaration of Independence” →

Columns, Congress, Constitutional Law

The 28th Amendment: Will Trump v. Barbara Be the Final Word on Birthright Citizenship?

Below is my column on Fox.com on the birthright citizenship case. Republicans in Congress have already submitted legislation for both a new constitutional amendment and specific bars on birth tourism. The legislation will obviously move more quickly and, if challenged, could give the Court another opportunity to address the issue.  However, the most direct way of addressing the issue remains a 28th Amendment.

Here is the column: Continue reading “The 28th Amendment: Will Trump v. Barbara Be the Final Word on Birthright Citizenship?” →

Columns, Constitutional Law, Courts, Supreme Court, Uncategorized

A New Deal for Presidents? Supreme Court Overturns Humphrey’s Executor and Reaffirms Executive Power

Below is my column in the New York Post on the historic ruling in Trump v. Slaughter, reinforcing the authority of presidents in managing the executive branch. After more than 90 years, Humphrey’s Executor is dead and Trump’s legacy is established on the expansion of presidential powers. The other winner is President Franklin D. Roosevelt who was right all along: he had the right to fire William E. Humphrey (right) as a commissioner of the Federal Trade Commission in 1933.

Here is the column:

Continue reading “A New Deal for Presidents? Supreme Court Overturns Humphrey’s Executor and Reaffirms Executive Power” →

Constitutional Law, Courts, Politics, Supreme Court

The Burden of History: Justice Jackson’s Curious Call to Overturn Bruen
Columns, Constitutional Law, Courts, Politics

“F… Around and Find Out”: Philly D.A. Krasner’s Campaign Slogan Comes Back to Haunt Him
YouTube Screengrab

Below is my column in The Hill on the scathing rebuke of Philadelphia District Attorney Larry Krasner by the state Supreme Court. Krasner ran for reelection on the slogan “F–k Around and Find Out.” He just found out…

Here is the column: Continue reading ““F… Around and Find Out”: Philly D.A. Krasner’s Campaign Slogan Comes Back to Haunt Him” →

Constitutional Law, Courts

Wisconsin Supreme Court Strikes Down Race-Based Scholarships as Unconstitutional

The Wisconsin Supreme Court struck down a state-funded scholarship program that awarded financial aid based on the race of college students. The Democrat-controlled court followed the precedent laid out by the United States Supreme Court in finding that Gov. Tony Evers and the state were violating the Equal Protection Clause of the United States Constitution. Two of the most liberal justices, however, wrote a concurrence denouncing the bar on the use of race for such scholarships. If Democrats are able to pack the Supreme Court as demanded by many party leaders, this concurrence is an example of the likely changes that a packed court will bring in reversing anti-discrimination and other rulings.

Continue reading “Wisconsin Supreme Court Strikes Down Race-Based Scholarships as Unconstitutional” →

Constitutional Law, Courts, Politics

“Dangerous Precedent of Censorship and Sanitization”: Judge Enjoins Removal of Slavery and Climate Displays

George Santayana famously said that those who ignore history are doomed to repeat it. The same is true for judicial overreach. Those judges who yield to the temptation to counter policies that are not to their liking are likely to repeat such excesses of power. That is why the recent decision of U.S. District Judge Angel Kelley in Boston is so concerning. While there are good-faith reasons why some have objected to the removal of slavery and climate change exhibits from national parks and monuments, this is not about the merits but the authority to make such changes. Kelley’s recent injunction smacks of judicial excess rather than measured review. Continue reading ““Dangerous Precedent of Censorship and Sanitization”: Judge Enjoins Removal of Slavery and Climate Displays” →

Constitutional Law, Courts, Politics, Supreme Court

Drinking the Court-Packing Kool-Aid: Buttigieg Joins the Calls to Take Over the Supreme Court

Former Transportation Secretary Pete Buttigieg apparently got the message this week that he cannot hope to win the Democratic nomination without promising radical measures, including the packing of the Supreme Court. After denouncing the current Court as “rogue” for not ruling as the left has demanded, Buttigieg endorsed the plan of Democrats like Sen. Elizabeth Warren to pack the Court to reverse adverse constitutional interpretations.

Continue reading “Drinking the Court-Packing Kool-Aid: Buttigieg Joins the Calls to Take Over the Supreme Court” →

Academia, Constitutional Law

Professors Behind the California Wealth Tax Threaten Possible Legal Action Against Critic

There is an interesting controversy brewing in California after four California university professors threatened a political candidate, Richard Lucas, for criticizing them for their roles in the “Billionaire Tax” and sent him a “cease and desist” letter. David Gamage from the University of Missouri, Brian Galle and Emmanuel Saez from UC Berkeley, and Darien Shanske from UC Davis claimed that the public criticism violated anti-doxxing laws by sharing contact information. They are clearly wrong. One of the aggrieved professors, Brian Galle, teaches at Berkeley Law School called Lucas “a clown,” but insisted that sharing public information is unlawful.

Continue reading “Professors Behind the California Wealth Tax Threaten Possible Legal Action Against Critic” →