Category: Constitutional Law

The Burden of History: Justice Jackson’s Curious Call to Overturn Bruen

“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”

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”

“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”

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”

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”

The Spanberger Surge: Virginia Governor May Prove the Greatest Gun Influencer Since Charlton Heston

Is Virginia Gov. Abigail Spanberger (D) a mole for the National Rifle Association (NRA)? After the recent scandal involving the Southern Poverty Law Center (SPLC), some may wonder given a curious turn of events in Virginia. Gun sales have surged after Spanberger and the Democrats passed sweeping gun bans. Spanberger also issued a public statement that could help tank the legislation in court — resulting in the striking down of the law (or parts of the law) after spurring record gun sales.

Continue reading “The Spanberger Surge: Virginia Governor May Prove the Greatest Gun Influencer Since Charlton Heston”

Massachusetts Church Cancels Traditional Fourth of July Celebration “to Better Understand Our Own Whiteness.”

In Nantucket, there is an interesting conflict between churches after the Nantucket Unitarian Universalists (NUU) canceled its traditional celebration. In a letter from the church and the Rev. Erin Splaine of the Second Congregational Meeting House Society, residents were told the traditional reading of the Declaration of Independence would be canceled to better focus on the “on-going process within the congregation to better understand our own whiteness.” Continue reading “Massachusetts Church Cancels Traditional Fourth of July Celebration “to Better Understand Our Own Whiteness.””

This is a ‘Jackie Robinson moment,’ but not the one Hakeem Jeffries thinks it is

 

Below is my column in The Hill on the calls for a boycott of SEC schools by House Minority Leader Hakeem Jeffries over the Supreme Court banning racial gerrymandering under the Voting Rights Act. The use of such sports legends as Jackie Robinson to fight for a form of racial discrimination shows how politics can outstrip our principles.

Here is the column: Continue reading “This is a ‘Jackie Robinson moment,’ but not the one Hakeem Jeffries thinks it is”

The Spanberger Flea Circus: Virginia Governor Signs Anti-Ice Executive Order Devoid of Meaning

Virginia Gov. Abigail Spanberger rolled out a kind of political flea circus this week with an anti-ICE executive order that would purportedly keep ICE out of polling places and other commonwealth areas. It did not matter that the order has no real impact on ICE. The important thing is the appearance of an impact on ICE. Continue reading “The Spanberger Flea Circus: Virginia Governor Signs Anti-Ice Executive Order Devoid of Meaning”

MSNOW Host Raises Concern Over Speaker Johnson Expressing Belief in Natural Rights

Last year, I wrote a column rebutting Sen. Tim Kaine’s (D., Va.) attack on a nominee for expressing his belief in natural rights that derive from God, not the government. (He later backtracked after a public outcry). Now, MSNOW host Katy Tur seems to be echoing the same concern over Speaker Mike Johnson expressing his faith in natural rights at the “Rededicate 250” rally on the mall in Washington, DC. Continue reading “MSNOW Host Raises Concern Over Speaker Johnson Expressing Belief in Natural Rights”

Harri-esy: Why “No Bad Ideas” is a Uniquely Bad Idea

Below is my column in The Hill on Kamala Harris and her “bad ideas” podcast. Harris was previously said to favor packing the Supreme Court, but the podcast appears to be part of the effort of many in the Democratic Party to condition voters to an emerging radical agenda on the left.

Here is the column: Continue reading “Harri-esy: Why “No Bad Ideas” is a Uniquely Bad Idea”

Locked and Loaded: Spanberger Inadvertently Makes Case for Striking Down New Gun Ban

Virginia Gov. Abigail Spanberger is reportedly “fuming” this week after the state failed to get a single justice on the Supreme Court to support her after she violated the state constitution in her attempted gerrymandering of the state. However, Spanberger may have just guaranteed another trip to the Supreme Court when she said the quiet part out loud about the new state gun ban. Continue reading “Locked and Loaded: Spanberger Inadvertently Makes Case for Striking Down New Gun Ban”

Yale Medical School Accused of Racial Discrimination in Admissions

Yesterday, we discussed how UCLA medical school has been accused of racial discrimination in admissions. Now Yale School of Medicine has also been accused of “intentionally select[ing] applicants based on their race” in knowing circumvention of Supreme Court precedent. Continue reading “Yale Medical School Accused of Racial Discrimination in Admissions”

Democratic Lawyer Marc Elias Raises Power to Eliminate the Virginia Government in Response to the Gerrymandering Decision

(MSNBC/via YouTube)

Democratic lawyer Marc Elias appears to believe that Democrats do not need to stop at simply sacking and packing the Virginia Supreme Court in response to the adverse ruling on the radical gerrymandering plan. Elias reminded Democrats that they could eliminate the entire Virginia government under the state constitution. Continue reading “Democratic Lawyer Marc Elias Raises Power to Eliminate the Virginia Government in Response to the Gerrymandering Decision”

Res ipsa loquitur – The thing itself speaks