Below is my column on campaigns on the left to enlist citizens in jury nullification. It is the latest assault on the integrity of our courts. Long supported by far-left law professors and pundits, it encourages potential jurors to disregard the evidence and the law in rendering a form of social justice.
Here is the column: Continue reading “‘You Have This Superpower”: Jury Nullification Becomes the Latest Attack on the Court System”
Sen. Sheldon Whitehouse, D-R.I., has added schoolyard taunts to his call to pack the Supreme Court with an instant liberal majority. Last week, Whitehouse denounced former President Joe Biden and other Democrats for being “too chicken” to pack the Court and, in the view of many of us, destroy the institution that has been critical to the success of this Republic for 250 years. Continue reading “A Game of Chicken? Whitehouse Taunts Biden and Other Democrats For Being Too “Chicken” to Pack the Court”
Below is my column in The Hill on an important case currently before the Supreme Court on the free press and the ability to protect confidential sources. The underlying facts may seem like something out of The Onion: an accused Chinese operative and PLA Colonel who was viewed as a national security risk is successfully using the Privacy Act to get a respected journalist to reveal her confidential sources. However, it is very serious and, unless the Court reviews the case, investigative journalism in the United States could suffer a debilitating blow with little more than a shrug from the courts. Continue reading “Supreme Showdown: Investigative Reporter and Accused Chinese Operative Face Off in Press Freedom Case”
This election, Democrats have careened to the far left with calls to pack the Supreme Court, unleash a flurry of impeachments, and investigate Republicans. Few, however, have been as honest as Sen. Elissa Slotkin (D., Mich.) about the purpose of such threats. Slotkin recently said the quiet part out loud in an interview at my alma mater, the University of Chicago, admitting she wants to deter young people from even considering supporting the Administration… if they know what is good for them. Slotkin seemed to go full Col. Walter Kurtz in the middle of the interview.
Recently, I wrote a column addressing an argument by Professor Rory Little of UC Law (San Francisco) that the historic decision in District of Columbia v. Heller contains an important but often overlooked limitation on gun rights. Professor Little has now responded, and his new column makes salient and intriguing arguments in favor of a narrower reading of Heller and the Second Amendment. While I remain unconvinced, I wanted to share a link to the column for those interested in Second Amendment jurisprudence. Our discussion was triggered by the upcoming argument over the ban on AR-15s in Viramontes v. Cook County.
Continue reading “Professor Rory Little Responds to Turley Column on the AR-15 Ban Case”
Marc Elias has long been at the center of controversial election tactics, including criminal investigations. If lawyers had to take an oath to first do no harm, the court-sanctioned Democratic lawyer would leave Hippocrates gobsmacked. Well, Elias is back and his legal team is threatening the media with what appears an entirely meritless defamation lawsuit on behalf of former Gov. Roy Cooper, the Democratic nominee for the United States Senate. Continue reading “Marc Elias Legal Team Threatens Media with a Lawsuit for Questioning the Health of Democrat Roy Cooper”
We have previously discussed high school administrators and teachers who engage in censorship and speech regulation, often targeting religious and conservative students. These cases cost school districts millions in court costs, but the school officials never seem to face any consequences. In California, Piner High School has joined this ignoble effort, punishing the high school football captain for expressing support for the “Cornell 7” on his own Instagram page. Other students then protested not to support free speech but to demand further punishment for the student. I wonder where they learned that repressive view of free speech? Continue reading ““We have a Zero-Tolerance Policy”: High School Student “Punished” for Expressing Support for the “Cornell 7””
In Ohio, Sherrod Brown went full Jaime West this week in his U.S. Senate campaign. West is the Indiana candidate who became a viral sensation for pledging to “fire all Republicans” because “I just don’t like them.” Brown appears to be eager to jump on the same rage train and pledged that he will vote against any Republican judicial nominee regardless of their qualifications or background. Continue reading “Sherrod Brown Goes Full Jaime West: “We’re Not Confirming …Trump Judges””
Below is my column in The Hill on the appearance of Jack Smith in a “No Kings” T-Shirt just days after his testimony on Capitol Hill, claiming to have had no bias or agenda against Trump. Smith must have known that his presence and dress at the “Power to the People” concert would be widely circulated on the Internet. His message was clear, but entirely unnecessary given his record as Special Counsel.
Here is the column: Continue reading “The Coming Out of Jack Smith: A Former Special Counsel Joins the “No Kings” Movement”
The United States Court of Appeals for the First Circuit issued an interesting torts decision yesterday on group libel. In Bean Maine Lobster, Inc. v. Monterey Bay Aquarium Found., a unanimous appellate panel ruled that the Maine lobster industry could not sue the Monterey Bay Aquarium Foundation for saying that Maine lobstering is all wrong for the right whale.
There are certain dates that have become a regular feature in American life. In February, the Sandhill Cranes return to the Platte River in Tennessee. In March, the swallows return to San Juan Capistrano…and in October, the protesters have returned to Hupper Island, the summer vacation home of Chief Justice Roberts. Continue reading ““Kayak-tivists” Target the Home of Chief Justice Roberts in Maine in the Latest Protests”
Dora Moutot is a feminist who has dedicated much of her life to fighting for women’s rights and has built a following on social media. Like other feminists, Moutot does not view transgender women the same as biological women. She has now joined others who are facing criminal charges for expressing those views. Transgender advocates have demanded that she be punished for her views in France. Continue reading “French Feminist Convicted of the Crime of “Public Insult” for Refusing to Call Transgender Mayor a “Woman”” 
A newly proposed bill in Congress could make a meaningful difference in the fight to restore free speech protections in higher education. The Restoring Civil Rights Attorney’s Fees Act of 2026 would address a practical problem for civil rights and free speech groups suing public universities for the denial of free speech. When universities lose at the preliminary injunction stage, advocates cannot recoup costs and fees. The bill would allow that recovery and, as a result, level the playing field with universities, which can tap public funds to litigate these cases. Continue reading “Protecting the Indispensable Right: It is Time to Pass the Free Speech Attorney’s Fee Legislation”
Below is my column in The Hill with a preview of the coming October Term at the Supreme Court. It already has the making of another “big year” on the Court.
Here is the column:
Rep. Madeleine Dean (D-PA) has been struggling with other members of the Democratic establishment to appease the far-left radicals in her party. Last week, she insisted that she was not concerned about the rising socialist movement in her party. Sixty-five percent of Democratic voters now support socialism and a shocking 60% would support a military coup. Now Dean is throwing the Supreme Court to the mob, declaring that the institution is “corrupted,” the common claim of court-packers to justify a hostile takeover of the Court. She has joined an ignoble list of politicians who choose personal power over our constitutional principles.