Below is my column in The Hill on the President stating that he is not joking about pursuing a third term. The statement lit up the media. However, it works better as a jump scare for liberals than a credible claim for the courts.
Here is the column: Continue reading “Hiding Elephants in Mouseholes: Why a Third Term for Trump is Not Likely”
Below is my column in the New York Post on the increasing political violence on the left, particularly targeting Elon Musk, his companies, and his clients. There have been more arrests of people engaging in property destruction. What is most striking, however, is how Democrats have torched their core beliefs to pursue a scorched Earth campaign against Musk.
Here is the column: Continue reading ““I’m Thoroughly Disgusted”: Democrats Attack Musk and Everything that They Once Believed in”
Today, the voters of Wisconsin go to the polls in what may be the single most expensive and important judicial race in modern history. Both parties are spending millions with the balance of the state Supreme Court in the balance. If liberal Susan Crawford wins, the expectation is that she will vote with the Democratic majority to approve a gerrymandering of congressional districts to guarantee the loss of two Republicans and possibly flip control of the House of Representatives to the Democrats.
The raw political pitch in the election is disturbing. It assumes that both candidates will blindly support the objectives of their respective parties. The real reason to cast a vote today should be on judicial ideology. Ironically, the United States Supreme Court made that plain in an important Wisconsin case argued just the day before the state election. Continue reading “The Wisconsin Supreme Court Race Should Turn on Principle Not Politics”
Below is my column in the Hill on the recent World Forum where leaders gathered to declare “A New World Order with European Values.” Globalists gathered in Berlin to seek a new era based on European values that not only involve the expansion of transnational systems but the contraction of free speech rights.
Here is the column: Continue reading ““A New World Order With European Values”: The Unholy Union of Globalism and Anti-Free Speech Measures”
In a decision that could well find itself before the Supreme Court, the United States Court of Appeals for the Ninth Circuit upheld California’s ban on “large capacity” magazines. In a rare move, Judge Lawrence Van Dyke offered a video dissent to the majority opinion. Continue reading “Ninth Circuit Upholds California’s Ban on “Large Capacity” Magazines” 
MSNBC analyst and former Democratic Sen. Claire McCaskill has long been criticized for unhinged rhetoric. That was evident on “Morning Joe” recently when McCaskill said that the deportation of alleged Venezuelan gang members was akin to Putin “disappearing” people. It is not the first such analogy by McCaskill, who has called those opposing the censorship under the Biden Administration “Putin lovers.” However, just for the record, Putin does not generally disappear people by putting them on flights back to their countries. He tends more toward nerve agents than immigration agents to remove people. Continue reading “McCaskill: Trump is Trying to “Disappear” People Like “his Buddy Putin””
Today is the birthday of our greatest Framer and the genius behind our Constitution: James Madison. He would have been 274 years old. I ordinarily celebrate at home (as shown in this picture from last year). However, this year, I spoke at the Tucson Book Festival and celebrated with that very literate crowd. I am now on my way to Berlin from Tucson to speak at the World Forum on free speech. I will be toasting Jemmy on the flight with anyone who will join me. Continue reading “Happy Birthday, Jemmy!”
I have previously written against calls to impeach federal judges who have ruled against the Trump Administration in the issuing of temporary restraining orders (TROs) and preliminary injunctions. The latest target of such calls in the House is District Court Judge James Boasberg, who issued a temporary restraining order against Trump’s invocation of the Alien Enemies Act. GOP members are making a mistake in engaging in the same impeachment craze that took hold of the Democratic members in prior years (and continues this year). The way to respond to such rulings is to appeal them, not to try to remove judges (which is neither warranted nor likely). Continue reading “No, the House Should Not Impeach Judge Boasberg Over His Tren de Aragua Restraining Order”
On Friday, the United States Court of Appeals for the Fourth Circuit reversed the much-covered nationwide injunction imposed by U.S. District Judge Adam Abelson in Baltimore regarding ending federal support for diversity, equity, and inclusion (DEI) programs. The three-judge panel ruled that Judge Abelson had gone “too far” in seeking to enjoin the federal government across the country. Continue reading ““Too Far”: The Fourth Circuit Reverses Nationwide Injunction on Ending DEI Funding”
Below is my column in USA Today on the latest decision against parental rights by the United States Court of Appeals for the First Circuit in Foote v. Feliciano. The fight over parental rights could become the defining issue for many in the coming years. It is also a type of cultural war over what many of us view as a natural right over the raising of our children.
Here is the column:
Continue reading “The Red Scarf Girl: The Fight Over Parental Rights Just Got Primal”
This week, the Ninth Circuit delivered a significant victory for free speech after Professor Lars Jensen won a critical reversal against Truckee Meadows Community College in Reno. Jensen had criticized the school’s lower standards. Continue reading “Nevada Professor Wins Major Free Speech Ruling Before the Ninth Circuit” 
Below is my column in the Hill on yet another letter from law professors declaring a “constitutional crisis” over the Trump policies. Despite the claims that this is a rogue president ignoring the rule of law, the Administration continues to prevail in some of these cases, including another ruling in favor of the Department of Government Efficiency late on Friday. As stated in the column, it has also lost some cases as did the prior Administration. The point is that, rather than witnessing the collapse of the constitutional system, these cases show that it is continuing to function as designed in sorting out these disputes.
Here is the column: Continue reading “Panic Politics: Law Professors’ Umpteenth ‘Constitutional Crisis’ Falls Flat”
Last week, I wrote a column questioning the legal basis for the opinion by Judge Amy Berman Jackson in favor of fired Special Counsel Hampton Dellinger. It appears that the D.C. Circuit agrees. An appellate panel just permitted the removal of Dellinger just four days after Jackson declared the removal “unlawful.” Continue reading “D.C. Circuit Clears the Way for Trump to Fire Special Counsel”
In an interesting 5-4 split, the Supreme Court has denied the Trump Administration’s application for a stay of a district court’s temporary restraining order (TRO) against the Administration’s effort to freeze $2 billion in funds from the U.S. Agency for International Development. The Administration is down by one vote but hardly out in the fight with lower courts over the control of this funding. Continue reading “Down But Not Out: The Supreme Court Rules 5-4 Against the Freezing $2 Billion in USAID Funds”
Late Saturday, D.C. District Judge Amy Berman Jackson ruled that President Donald Trump violated federal law in firing Hampton Dellinger, head of the Office of Special Counsel. Jackson’s decision is forceful, well-written, and challengeable under existing precedent. Indeed, it may have just set up an appeal that both presidents and professors have long waited for to reinforce presidential powers. Continue reading “Spoiling for a Fight: Why the Administration’s Loss Last Night May Be Not Just Expected But Welcomed”