Category: Constitutional Law

The Heaven’s Gate Option: Congressional Democrats Beg Biden to Make Them Constitutional Nonentities

Hale-Bopp Comet

Below is a slightly modified version of my column in The Hill on the call of Democratic members for President Joe Biden to circumvent Congress and simply raise the debt limit unilaterally.  It is more than a flawed constitutional theory. It is an abandonment of the core premise of our constitutional system that each branch would jealously protect its own institutional interests and powers. It is reminiscent of when Democrats applauded wildly when President Barack Obama told them that he was going to circumvent Congress entirely after it refused to approve his immigration and environmental legislation. They were applauding their own institutional obsolescence.  I called it a constitutional tipping point and now Democrats are asking to be effectively stripped of their core power over the purse.

Here is the column:

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“You’re Triggering My Students”: Hunter College Professor Trashes Pro-Life Display

We have previously discussed professors who have violently attacked students or destroyed displays with opposing views. This month there was the Albany professor who shutdown a pro-life display and then resisted arrest. The latest such case comes from Hunter College where Art Professor Shellyne Rodríguez trashed a pro-life display while badgering them for “f***ing propaganda” that was “triggering” for her students. Continue reading ““You’re Triggering My Students”: Hunter College Professor Trashes Pro-Life Display”

Got Free Speech? High School Student Sues Over Limits on Advocating for Dairy-Free Milk

Marielle Williamson, 17, is reportedly fighting for the right to speak freely about milk. Williamson wanted to pass out literature on the benefits of dairy-free milk. However, she was told that she could not distribute the literature unless she also passed out pro-milk literature. Williamson is now taking on the Department of Agriculture and the Los Angeles school district in a new lawsuit.

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Federal Judge Strikes Down Federal Age Limit on Gun Purchases

U.S. Senior District Judge Robert Payne has delivered another blow to the Administration’s effort to limit gun rights. In a 65-page decision,  Judge Payne ruled that the Second Amendment protects people 18-20 who were barred under the regulations from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal licensed dealers were previously told that they could not sell to buyers below the age of 21. The case is Fraser v. BATFE, U.S. Dist. LEXIS 82432(Eastern District, Va. May 10, 2023).

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Turley Testifies on Censorship in Homeland Security Hearing

This afternoon, I will testify before the Committee on Homeland Security’s  Subcommittee on Oversight, Investigations, and Accountability. The hearing at 2:00 pm is entitled “Censorship Laundering: How the U.S. Department of Homeland Security Enables the Silencing of Dissent.” It will be held in 310 Cannon House Office Building.

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Blinken Contest: House Committee Prepares to Hold Secretary of State in Contempt

Justice Barrett Gives Illinois Officials Until Monday to Respond to Challenge of “Assault Weapons” Ban

We recently discussed a federal judge enjoining the new Illinois law banning “assault weapons.” Now a gun shop in Naperville, Illinois has made it to the Supreme Court in seeking injunctive relief and Justice Amy Coney Barrett has given the proponents of the law until Monday to respond to the request.

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Daily Condemnations with Al Franken: Former Senator Denounces John Roberts and the Supreme Court

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This morning, Chief Justice John Roberts should get up, look into the mirror and declare “I deserve good things. I am entitled to my share of happiness. I refuse to beat myself up. I am an attractive person. I am fun to be with.” That mantra from SNL’s “Daily Affirmation with Stuart Smalley” seems appropriate after the former Smalley comedian (and former U.S. Senator) Al Franken declared Roberts a “villain” and his Court “illegitimate” in the latest attack on the institution. Continue reading “Daily Condemnations with Al Franken: Former Senator Denounces John Roberts and the Supreme Court”

Federal Judge Enjoins Illinois’ Assault Weapon Ban

In a major victory for gun rights advocates, U.S. District Judge Stephen McGlynn has granted a preliminary injunction of Illinois’ ban on assault weapons and large capacity magazines. The decision comes after two other district courts ruled in favor of the law — sending this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court.  These long-awaited challenges will test the Democratic calls for removing all AR-15s and similar weapons, including calls from President Joe Biden.

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Bagging “Jim Eagle”: 11th Circuit Upholds Florida’s Voting Reforms

It appears that “Jim Eagle” has flown the coop.

Yesterday, the United States Court of Appeals for the Eleventh Circuit upheld critical provisions in Florida election law reforms, including provisions that Democratic politicians and pundits spent years misrepresenting as “a return to Jim Crow.” Many of these attacks were directed against Georgia, which was the subject of boycotts. However, other states passed similar provisions. In a majority opinion written by Chief Judge William Pryor (and joined by Judge Elizabeth Grant), the 11th Circuit found that the district court misconstrued the controlling precedent and made factual errors in its injunction of a few of the provisions enacted by Florida.

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Destroying a Democracy to Save It: Robert Reich Calls for Blocking Trump from Ballots as a Traitor

Robert Reich, the Berkeley professor and the former labor secretary under Clinton, has been known for his increasing anti-free speech views through the years including characterizing the restoration of free speech on social media as tyranny. He now believes that former President Donald Trump can be barred from running for president in 2024 because he “committed treason,” according to a new column in The Guardian. The argument is entirely without merit, but that does not prevent the media from repeating this flawed but cathartic claim. Continue reading “Destroying a Democracy to Save It: Robert Reich Calls for Blocking Trump from Ballots as a Traitor”

Seventh Circuit Upholds Termination of High School Teacher Who Objected to Pronoun Policy

There is an important ruling this month out of the United States Court of Appeals for the Seventh Circuit, which ruled against former high school music teacher John Kluge for refusing to comply with the school’s pronoun policy for religious reasons. What is most curious about the ruling is the timing. The Seventh Circuit opinion from April 7th is particularly interesting given the oral argument in the Supreme Court in Groff v. DeJoy only 11 days after the appellate ruling. Groff could gut the underlying standard used by the Seventh Circuit in its ruling for the school district. The opinion also puts the appellate court in conflict with the United States Court of Appeals for the Sixth Circuit in its recent Meriweather decision. Continue reading “Seventh Circuit Upholds Termination of High School Teacher Who Objected to Pronoun Policy”

Supreme Court Restores Full Availability of Abortion Pill in “Shadow Docket” Ruling

On Friday night, the Supreme Court ordered the abortion pill mifepristone to continue to be made available to women by mail as challenges continue to be litigated in lower courts. As I mentioned on Fox yesterday before the ruling, the Court usually restores the status quo while challenges are being heard. That is what it did again in this case.  However, there are dissents from two of the most vocal critics of abortion rights: Justices Clarence Thomas and Samuel Alito. In the only decision in the case, Justice Alito strongly suggests that some of his colleagues (cited by name) are engaging in rank hypocrisy in using what is known as the “shadow docket” for these purposes. Continue reading “Supreme Court Restores Full Availability of Abortion Pill in “Shadow Docket” Ruling”

Between a Rock and a Hard Place: Kent State Petition Seeks to Punish Students for Painting “What is a Woman?” on Free Speech Rock

Like many schools, Kent State University has a free speech rock that is a symbol of the right to free expression at that institution. However, some at the school appear to have a narrow view of what constitutes free speech after College Republicans painted “What Is a Woman?” on the rock. The question appears to be a reference to  a documentary by conservative commentator Matt Walsh. The rock painting led to a petition declaring that “The Kent State College Republicans must be held accountable for their actions.”

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Fox Reportedly Agrees to $787 Million Settlement in Dominion Defamation Lawsuit

Fox News has reached a settlement with Dominion Voting Systems for a reported $787 million. That was roughly half of the $1.6 billion originally sought in the defamation case, but represents a massive payout to the company which claimed to have been defamed by the network. Continue reading “Fox Reportedly Agrees to $787 Million Settlement in Dominion Defamation Lawsuit”