Yesterday, the Supreme Court held the long-awaited argument in Louisiana v. Callais, considering an appeal of Louisiana’s congressional map. The two majority-black districts are being challenged under the 15th Amendment and the Equal Protection Clause of the 14th Amendment as unconstitutionally gerrymandered on the basis of race. The case could result in a rejection of race-based congressional districting under Section 2 of the Voting Rights Act. Continue reading ““Race-Based Remedies Should Have an End Point”: Justices Appear Poised to Issue Historic Ruling on the Voting Rights Act”
Category: Constitutional Law
We previously discussed the case of B.A. v. Tri County Area Schools, where two middle schoolers in Michigan were prevented from wearing “Let’s Go Brandon” sweatshirts. However, a divided panel on the United States Court of Appeals for the Sixth Circuit has ruled that the school district was within its authority to ban the sweatshirts. The decision, in my view, is wrong, and this could prove a viable case for Supreme Court review, assuming that the plaintiffs will not seek an en banc review. Continue reading “Sixth Circuit Rules In Favor of School Ban on “Let’s Go Brandon” Sweatshirts”
U.S. District Judge David Nye just rejected a last-minute effort to scuttle a Supreme Court case on transgender athletes. The Little v. Hecox lawsuit was initially filed by Lindsay Hecox in 2020, challenging a state law barring the biologically male athlete from joining the women’s cross-country team at Boise State. After winning before the United States Court of Appeals for the Ninth Circuit, the U.S. Supreme Court granted review. Hecox clearly did not like the prospects on appeal and sought to withdraw the case after the granting of certiorari. Judge Nye just denied that effort. Continue reading “Federal Judge Blocks Effort of Transgender Athlete to Dismiss Case Before the Supreme Court”
I previously criticized the new Pentagon policies for media organizations. While the Trump Administration made some changes, the rules remained unduly restrictive and unprecedented. As a result, virtually every news organization, including Fox News, refused to sign the agreements at the deadline — a decision that I strongly support. Continue reading “Media Companies Refuse to Sign New Pentagon Media Rules”
California Gov. Gavin Newsom has signed the long-anticipated “Responsible Gun Manufacturing Act,” Assembly Bill 1127, a law that may now trigger a major challenge under the Second Amendment. The law banned the Glock semi-automatic handguns that are a favorite of American gun owners, including former Vice President Kamala Harris. Continue reading “Second Amendment Showdown: California Bans Glock Handguns in Major Challenge to Gun Rights”
Below is my column in the New York Post on how Madison’s famous objective of making “ambition … counteract ambition” in the constitutional system depends on the right type of ambition. Today, some members exhibit an ambition that transcends any institutional or constitutional interests. They act more like social media influencers than constitutional actors. One of the best examples is New York Rep. Dan Goldman, who vividly shows the distinction between partisan and institutional interests in a Madisonian system. Continue reading “Madison’s Nightmare: Dan Goldman and The Wrong Type of Ambition”
James Comey made history this week by standing in the dock and entering a not guilty plea as the first FBI Director ever indicted in the history of the country. Comey hopes to be spared the added ignoble distinction of a trial scheduled for 2026. He and his counsel, Patrick Fitzgerald, are reportedly going to seek a dismissal under three primary challenges: vindictive prosecution, selective prosecution, and challenging the status of the acting U.S. Attorney, Lindsey Halligan. I wanted to briefly address these claims, including the one that has the most credibility. Continue reading “Hail Mary Play: Comey Reportedly Will Raise Three Challenges to Block his Prosecution”
As a native Chicagoan, I must confess that I have little patience for Mayor Brandon Johnson, a politician who has been a disaster for the city. One of the most unpopular mayors in the city’s history, Johnson has been using the increased ICE operations to try to ride a wave of rage back into popularity. His language has become more and more inflammatory in calling for citizens to “resist” and “fight” federal law enforcement. Now, he is claiming the authority to not only mandate “ICE-free zones” in the city but to arrest federal officers. Continue reading “Chicago Mayor Brandon Johnson Calls for the Arrest of ICE Officers”
Just in time for Halloween, the U.S. Supreme Court has agreed to rule on Hawaii’s so-called “Vampire Rule” on gun possession in Wolford v. Lopez. The state law bars gun permit holders from bringing handguns onto private property open to the public without the owner’s express permission. So, like vampires, gun owners must be invited in with their weapons. Continue reading “Supreme Court Takes Up Hawaii’s “Vampire Rule” on Gun Possession”
The Democratic candidate for Virginia’s next lieutenant governor, Ghazala Firdous Hashmi, appears to believe that the United States Constitution is dead. During a recent campaign stop, Hashmi gave a speech in front of an upside-down American flag, a symbol of distress, accompanied by a makeshift tombstone that read, “RIP Constitution.” Continue reading ““RIP Constitution”: Democratic Candidate for Virginia Lt. Governor Holds Startling Rally”
Judge William Young has had a distinguished career since his appointment by President Ronald Reagan in 1985, including serving as Chief Judge of the United States District Court for the District of Massachusetts. At 85, his career includes notable cases such as the Boston Strangler and the Shoe Bomber. However, his 161-page opinion declaring the Trump Administration in violation of the First Amendment over visa denials is nothing short of bizarre. It starts as a type of letter to an anonymous person who sent the judge a postcard.
Continue reading “The Bizarre Postcard Opinion Striking Down the Trump Visa Policies”
Today, I will be participating in a debate on the following question: “Is the U.S. Experiencing a Constitutional Crisis?” Taking the affirmative side will be Professor Daniel Farbman, the McHale Faculty Research Scholar at Boston College Law School. I will be taking the opposing side in the debate to be held in Lexington, Virginia.
Continue reading “Turley to Debate Whether We Are in “a Constitutional Crisis” at VMI”
Below is my column on Fox.com from a recent trip to Grand Lake, Colorado, a small town where families gather to celebrate our shared faith in the United States Constitution. For this aging academic, the visit was rejuvenating. It was a sharp contrast to the divisions and anger I had left behind on the East Coast.
Here is the column: Continue reading “Beyond the Rage: What a Small Colorado Town Could Teach America”
I previously discussed the free speech lawsuit of Peter Strzok, expressing skepticism over his claims that the Justice Department violated his First Amendment and privacy rights in firing him. On Tuesday, Judge Amy Berman Jackson agreed and dismissed the lawsuit.
Continue reading “Strzok Out: Former FBI Agent Loses Free Speech Case”
A few days ago, I had the occasion to debate Michael Klarman, the Charles Warren Professor of Legal History at Harvard Law School. Colgate asked us to address the following question: “Is There a Constitutional Crisis? How Would We Know?” Many asked me to post the video of the debate, which is available below. I was also asked to respond to factual assertions made by Professor Klarman, who invited such fact-checking during his remarks. Continue reading “The Klarman-Turley Debate: A Video and a Response”