Category: Constitutional Law

Constitutional Law, Politics, Supreme Court

The Icarian Gene: The Rise and Fall of the Expert Class

The warning was stark. At issue was a privileged class that has long dictated policy despite countervailing public opinion. At issue, the luminary warned, is nothing short of democracy itself. No, it was not the continued rallies of Sen. Bernie Sanders (I., VT) to “fight oligarchy.” It was Justice Clarence Thomas rallying his colleagues to fight technocracy, or government by experts. He warned against allowing “elite sentiment” to “distort and stifle democratic debate.” Yet, the story is even more profound of an elite class which succumbed to the Icarian gene and fell to Earth due to hubris and excess.

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Congress, Constitutional Law

Trump Critics Face the “Nightmare” of Peace Breaking Out in the Midst of an Impeachment Effort

Rep. Thomas Massie (R-Ky.) announced this morning that he would oppose the introduction of his war powers resolution on Iran if the ceasefire holds. He described the resolution as a moot point if peace is restored. That is clearly not going to satisfy colleagues like Rep. Alexandria Ocasio-Cortez (D-N.Y.) who is struggling to maintain her call for impeachment.

Continue reading “Trump Critics Face the “Nightmare” of Peace Breaking Out in the Midst of an Impeachment Effort” →

Columns, Congress, Constitutional Law

‘Where’s Jackie?”: Why the Public Needs Answers on Biden’s Alleged Incapacity

Below is a slightly expanded version of my column in U.S. News & World Report on the investigations into President Joe Biden’s mental state in his second term of office. While I do not expect any prosecution to come from these investigations, there are ample reasons why we should get answers to some of these questions as we continue to struggle with the problem of presidential incapacity.

Here is the column:

Continue reading “‘Where’s Jackie?”: Why the Public Needs Answers on Biden’s Alleged Incapacity” →

Columns, Congress, Constitutional Law

The Claude Rains School of Constitutional Law: Democrats Denounce Iranian Attack as Unconstitutional

Yesterday, I wrote a column in the Hill discussing how Trump is unlikely to go to Congress in launching an attack on Iran and how he has history on his side in acting unilaterally. The column noted that many Democratic politicians and pundits who were supportive of such unilateral actions by Democratic presidents such as Bill Clinton and Barack Obama are suddenly opposed to Trump using the same power. It is the Claude Rains School of Constitutional Law where politicians are “shocked, shocked” that Trump is using the authority that they accepted in Democratic predecessors.

Continue reading “The Claude Rains School of Constitutional Law: Democrats Denounce Iranian Attack as Unconstitutional” →

Constitutional Law, Courts

Ninth Circuit Strikes Down California’s “1-in-30” Gun Rationing Law

A unanimous panel of the United States Court of Appeals for the Ninth Circuit has struck down California’s “1-in-30” gun rationing law as unconstitutional under the Second Amendment. The law restricted citizens to one gun purchase every 30 days and was based on a ridiculous rationale that was shredded by the three-judge panel. Continue reading “Ninth Circuit Strikes Down California’s “1-in-30” Gun Rationing Law” →

Constitutional Law, Courts, Politics, Supreme Court

The Supreme Court Delivers a Blow to Transgender Cases

Yesterday, the Supreme Court issued its 6-3 ruling upholding a Tennessee ban on transgender medical treatments for adolescents. The ruling has major implications for pending transgender cases, particularly the concurrence of Justice Amy Coney Barrett rejecting the claim that transgender status qualifies as a group entitled to heightened scrutiny under the Constitution.  One of those cases just resulted in a major ruling in Boston against the move by the Trump Administration to restore the binary options of “male” and “female” sex designations on U.S. passports. Continue reading “The Supreme Court Delivers a Blow to Transgender Cases” →

Columns, Constitutional Law, Politics

Monarchy Malarkey: Democrats Revive Claim that Democracy is Dying in the “No Kings” Protests

Below is my column in the Hill on resumption of the claims that “democracy is dying” as part of the “No Kings” protests. When this column posted, I was inundated with the usual threats and profanity. However, the emails and messages were particularly vehement this week. (One on Father’s Day explained that when a bullet is put in my head, my children would celebrate).  For self-professed champions of democracy, there is nothing more deflating and demoralizing than being told that democracy is not dying. “No Kings” is the ultimate virtue signal, but it requires a monarch to make the self-image complete. There are obviously important issues to debate and to protest. However, we can have that debate without the absurd claims that our constitutional system is failing, as claimed by many politicians and pundits.

Here is the column:

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Constitutional Law, Courts

Second Circuit to Hear Trump Appeal from New York Criminal Case

Today, the United States Court of Appeals for the Second Circuit will hear oral arguments on a threshold issue in the criminal case against President Donald Trump in New York. The case is still pending in the New York court system after his sentencing, but  President Trump wants the case removed to federal court. He is relying on last year’s presidential immunity decision and arguing that Manhattan District Attorney Alvin Bragg tripped a wire by calling former White House aides as witnesses. Continue reading “Second Circuit to Hear Trump Appeal from New York Criminal Case” →

Academia, Constitutional Law, Free Speech, Politics, Society

Rage and the Republic: Turley’s New Book is Now Available for Pre-Order

Simon & Schuster has announced the upcoming release of my new book, Rage and the Republic: The Unfinished Story of the American Revolution. The book is now available for pre-order and will be released on February 3, 2026 for the 250th anniversary of the Declaration of Independence. If you want to be among the first to receive the book, you can now preorder with Amazon, Barnes & Noble, Target, Walmart, or other suppliers.

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Constitutional Law, Free Speech

HA.,HA., Thump: Hawaii Sued by the Babylon Bee and Other Groups Over Speech Crimes

We have previously discussed laws that seek to criminalize “materially deceptive” political content worldwide, including memes and parodies. A civil law was blocked in California, where satirists and comedians opposed a Democratic law barring parodies and other expressions considered misleading. Now, legislators in Hawaii are trying again with a new law (S 2687) that criminalizes “recklessly” distributing “materially deceptive media.” It is clearly unconstitutional and is only the latest such effort to chip away at free speech protections in the United States.

Continue reading “HA.,HA., Thump: Hawaii Sued by the Babylon Bee and Other Groups Over Speech Crimes” →

Constitutional Law, Courts, Supreme Court

Is DEI DOA? Supreme Court Unanimously Rejects Added Burden for Whites in Discrimination Lawsuits

Yesterday, the Supreme Court handed down three major cases with unanimous decisions. One, Ames v. Ohio Department of Youth Services, raises additional questions over diversity, equity, and inclusion (DEI) programs that have been widely used in higher education and businesses. There is no reason to believe that DEI measures are DOA, but the decision is likely to accelerate challenges based on reverse discrimination after the Court rejected the imposition of an added burden for members of any “majority group” including straight, white males. Continue reading “Is DEI DOA? Supreme Court Unanimously Rejects Added Burden for Whites in Discrimination Lawsuits” →

Columns, Congress, Constitutional Law, Politics

Liberation Dusk? Court Strikes Down Trump Tariffs in the Midst of Trade Negotiations

Below is my column in the New York Post on the decision yesterday finding that the Trump tariffs are invalid. What happens now will be, if nothing else, interesting. Dusk has come to Liberation Day. Trump has options, but the pressure will now be greater on Congress as bilateral trade agreements are moving forward.

Here is the column: Continue reading “Liberation Dusk? Court Strikes Down Trump Tariffs in the Midst of Trade Negotiations” →

Constitutional Law, Courts, Supreme Court

The Eminent Domain Racket: New Jersey Move to Condemn Church Could Put Court in a Pickle

This week, The New York Times reported that the town of Toms River, New Jersey, is moving to condemn the Christ Episcopal Church through eminent domain to build pickleball courts and a park. Church members claim that the move was retaliation for a planned homeless shelter at the site. The case could raise one of the most infamous cases of the modern Supreme Court in Kelo v. City of New London (2005). While some have suggested the possibility of a Kelo 2.0, this may not be the ideal case for such a challenge to the Supreme Court.

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Constitutional Law, Courts, Supreme Court

St. Isidore Loses By Default: Supreme Court Deadlocks on Major Religious Freedom Case

St. Isidore of Seville may have overcome every obstacle in bringing knowledge and education to the world, but he could not overcome a tie on the Supreme Court. With the recusal of Justice Amy Coney Barrett, St. Isidore of Seville Catholic Virtual School in Oklahoma City lost by default when the Court deadlocked on its constitutional challenge to being denied a charter in favor of secular schools. Tied 4-4, the result is that the lower court ruling stands against the school. Continue reading “St. Isidore Loses By Default: Supreme Court Deadlocks on Major Religious Freedom Case” →