Category: Constitutional Law

NSTA Guide Advises Against the Use of “Parent,” “Male,” Female,” “Mother” and “Father”

In academia, there have been growing controversies over language guides and usages, including the use of pronouns that some object to as matters of religion or grammar. Now the largest association of science teachers in the world has issued a guide for “anti-oppression” terminology for science teachers. In the guide, titled “Gender-Inclusive Biology: A framework in action,” the National Science Teachers Association (NSTA) has called for “gender-inclusive biology,” which includes the abandonment of terms like “parent,” “men,” “women,” “mother,” and “father.”  Continue reading “NSTA Guide Advises Against the Use of “Parent,” “Male,” Female,” “Mother” and “Father””

The Post-Roe World: A Reality Check on the Implications of the Leaked Supreme Court Opinion

The Map of Hell painting by Botticelli

Below is my column in the Hill on claims being made about the post-Roe world and the sweeping away of such rights as interracial marriage and the use of contraceptives. The “parade of horribles” seems to get longer by the day but it may actually be undermining the good-faith arguments made by pro-abortion advocates.

Here is the column: Continue reading “The Post-Roe World: A Reality Check on the Implications of the Leaked Supreme Court Opinion”

“Silence the Voices of Hatred”: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media

Politicians have long viewed tragedies and crises as opportunities not to be “wasted.” Most recently, Samantha Power, Biden’s Administrator of the United States Agency for International Development, told ABC that they did not want to waste the war in Ukraine as a way of pushing green initiatives. She explained to George Stephanopoulos that you should “never let a crisis go to waste.” Governor Kathy Hochul (D-NY), adopted the same approach to the massacre in Buffalo in renewing calls for censorship on the Internet. While many drew the connection between the shooting and the need for greater gun control measures, Hochul notably went further to demand the curtailment of free speech protections. Speaking later at a church, she pledged to “silence the voices of hatred and racism and white supremacy all over the Internet.”

Continue reading ““Silence the Voices of Hatred”: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media”

Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. After denouncing the recent leak of the draft opinion that would overturn Roe v. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis, or the respect for precedent. That was one of the central arguments in favor of preserving Roe. Thomas, however, surprised many by dismissing the principle as the last line of defense for those without an argument on the merits. Continue reading “Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments””

Insurrection or Advocacy? Chicago Mayor Lightfoot Issues “Call to Arms” After Leaked Abortion Ruling

Chicago Mayor Lori Lightfoot (D) facing criticism over a tweet in which she issued a “call to arms” after the recent leaking of the abortion decision from the Supreme Court. In the aftermath of the firebombing of a pro-life office and the doxing of Supreme Court justices, the “call to arms” was alarming for many, particularly given the violent protests in Chicago in prior years. I do not believe that Lightfoot is encouraging anything other than peaceful advocacy. Yet, it is striking how virtually identical language has been used by Democrats to seek the disqualification of GOP members and criminal charges against figures like Donald Trump. Indeed, such rhetoric featured greatly in the second impeachment of Donald Trump. Continue reading “Insurrection or Advocacy? Chicago Mayor Lightfoot Issues “Call to Arms” After Leaked Abortion Ruling”

Destroying Democracy to Save It: Democrats Lose Another Effort to Disqualify a GOP Member

For two years, Democrats have been trying to disqualify dozens of Republicans from appearing on ballots for supporting the challenge to the certification of the 2020 election or declaring the election to be stolen. It is premised on a deeply flawed historical and legal view of a provision under the Fourteenth Amendment. In the name of democracy, these Democrats have demanded that courts prevent voters from being able to vote for incumbent members. Yet, scholars like Harvard Professor Laurence Tribe have endorsed this sweeping interpretation. It has been rejected repeatedly in the courts. The latest such ruling comes from the Arizona Supreme Court which ruled that Democrats could not prevent Rep. Paul Gosar (R-AZ) from appearing on the ballot in 2022.

Continue reading “Destroying Democracy to Save It: Democrats Lose Another Effort to Disqualify a GOP Member”

McConnell: Federal Abortion Ban is “Possible” if Court Strikes Down Roe v. Wade

Senate Minority Leader Mitch McConnell told USA Today this week that it is “possible” that Congress could pass a national ban on abortion if the leaked draft opinion overturning Roe v. Wade is finalized. In the interview, McConnell confirmed that there would be nothing standing in the way of such national legislation. McConnell did not say that he was calling or planning for such a vote. He was stating that it would be legally possible if Roe is overturned. However, such a vote would leave the position of the GOP in an incomprehensible morass on its views in the area. For decades, Republicans have insisted that this issue is a state, not a federal, matter. It could also raise some difficult constitutional questions under federalism.

Continue reading “McConnell: Federal Abortion Ban is “Possible” if Court Strikes Down Roe v. Wade”

Federal Court Dismisses “Kung Flu” Lawsuit Against Trump

Former President Donald Trump achieved mixed results in courts this week. He lost efforts to prevent a $10,000 per day fine for contempt in failing to turn over evidence on his assets in the civil investigation by New York Attorney General Letitia James. He also lost his lawsuit against Twitter over his being banned from the site. However, in a case that we previously discussed, Trump prevailed in Chinese Americans Civil Rights Coalition, Inc. v. TrumpI previously wrote that I considered this case to be meritless, but it took a year to see it dismissed on the grounds discussed earlier.

Continue reading “Federal Court Dismisses “Kung Flu” Lawsuit Against Trump”

Supreme “Stench”: How Politics Replaced Principle in the High Court

Below is my column in USA Today on the leaking of the draft opinion in Dobbs v. Jackson Women’s Health Organization. I previously discussed the “stench” raised by Justice Sotomayor and how it smelled like mendacity to blame her three new colleagues. Now that stench is overwhelming not only due to the intentional leaking of the opinion but the defense of the leaker by many in the press. The leaker is being called “brave” and a “hero” by many on the left. While denouncing what they see as the Court abandoning its principles, they are celebrating someone who violated every ethical and professional principle in leaking this draft opinion.

Here is the column: Continue reading “Supreme “Stench”: How Politics Replaced Principle in the High Court”

No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe

The response to the leaked draft opinion overturning Roe v. Wade has unleashed a torrent of outrage on the left. While many are calling for marches and sweeping new legislation, some are focused on calling out the justices in the majority for alleged “perjury” or “lying” in their confirmation hearings, particularly Justices Samuel Alito, Brett Kavanaugh, and Neil Gorsuch. In reality, they did not lie in testimony in referencing Roe as established precedent.  The suggestion of perjury is utter nonsense. Continue reading “No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe”

Biden’s Disinformation Nanny: Why Nina Jankowicz is “Practically Perfect in Every Way.”

YouTube Screenshot

Below is a slightly expanded version of my column in The Hill on the appointment of Nina Jankowicz as the new head of the federal government’s announced Disinformation Governance Board. This Sunday, Homeland Security Secretary Alejandro Mayorkas assured CNN viewers that there is nothing to fear from his new Disinformation Governance Board, which will “gather together best practices in addressing the threat of disinformation.” I think we can guess what the “best practice” might be from one of the most vocal advocates of corporate and state censorship.

Here is the column: Continue reading “Biden’s Disinformation Nanny: Why Nina Jankowicz is “Practically Perfect in Every Way.””

Time Columnist Denounces Free Speech as a White Man’s “Obsession”

It has become depressingly common to read unrelenting attacks on free speech in the Washington Post and other newspapers. The anti-free speech movement has been embraced by Democratic leaders, including President Joe Biden, as well as academics who now claim “China was right” on censorship. However, a Time magazine column by national correspondent Charlotte Alter was still shocking in how mainstream anti-free speech views have become. Alter denounces free speech as basically a white man’s “obsession.”

Continue reading “Time Columnist Denounces Free Speech as a White Man’s “Obsession””

“Trust Me, I’m [Now] The Government”: Jankowicz Pledges to Protect Free Speech Rights

There is an old fable of a scorpion who wants to cross a river and convinced a hesitant frog to carry him on its back. After all, if he stung the frog in the river, they both would die. That seemed logical so the frog agreed to do so only to have the scorpion deliver a lethal sting halfway across. When the frog asked why the scorpion would doom them both, the scorpion replies: “I am sorry, but I couldn’t resist the urge. It’s in my nature.”

The story came to mind this week when the new head of the Disinformation Governance Board, Nina Jankowicz, pledged to protect free speech despite a career dissing and dismissing the right. After withering criticism of her appointment, Jankowicz declared the new board at Homeland Security will “maintain the Dept’s committment [sic] to protecting free speech.” She has spent a career denouncing “first amendment zealots” like myself who believe in a robust view of free speech.

Continue reading ““Trust Me, I’m [Now] The Government”: Jankowicz Pledges to Protect Free Speech Rights”

The Sweet Sound of Censorship: The Biden Administration Seeks the Perfect Pitch for Disinformation Governance

YouTube Screenshot

Many politicians and pundits are in full panic over Elon Musk’s threat to restore free speech values to Twitter.  While Hillary Clinton has called upon Europeans to step in to maintain such censorship and Barack Obama has called for U.S. regulations, the Biden Administration has created a new Disinformation Governance Board in the Department of Homeland Security. It appointed an executive director, Nina Jankowicz, who is literally pitch perfect as an advocate for both corporate and state censorship.

Continue reading “The Sweet Sound of Censorship: The Biden Administration Seeks the Perfect Pitch for Disinformation Governance”

“Before it’s too Late”: Democrats Shift From Corporate Censorship to State Censorship

Twitter LogoBelow is my column in USA Today on how the Musk purchase of Twitter has forced politicians and pundits to move from corporate censorship to calls for good old-fashioned state censorship. Indeed, Sen. Elizabeth Warren (D., Mass.) has declared Musk’s pledge to restore free speech values on social media as threatening Democracy itself. She has promised that “there are going to be rules” to block such changes. She is not alone. Former President Obama has declared “regulation has to be part of the answer” to disinformation. For her part, Hillary Clinton is looking to Europe to fill the vacuum and called upon her European counterparts to pass a massive censorship law to “bolster global democracy before it’s too late.”

Here is the column:

Continue reading ““Before it’s too Late”: Democrats Shift From Corporate Censorship to State Censorship”

Res ipsa loquitur – The thing itself speaks