Category: Constitutional Law

Browbeaten: Woman Forced Out of Virginia Salon Over Her Support for Israel

There is a disturbing controversy in Northern Virginia where Jessica Walton alleges that she went to Karimi Salon in Alexandria to get her eyebrows trimmed, only to be pushed out of the salon after the owner, Fatana Karimi, learned that Walton is Israeli. The incident raises a prior issue discussed on this blog: the right of business owners to refuse service based on political or religious beliefs as a matter of free speech. Walton posted a full account and a video on social media. Karimi, however, may not have a constitutional claim to defend against a discrimination complaint. Continue reading “Browbeaten: Woman Forced Out of Virginia Salon Over Her Support for Israel”

Israel Careens Towards Elections as Radicals Again Play Oversized Role in a Flawed Parliamentary System

As Israel moves toward one of the most impactful elections in its history, radical groups and voices are again using their oversized influence in what I have long argued is a flawed parliamentary system.  The current elections and fragile coalitions, in my opinion, highlight the system’s inherent vulnerabilities. Some of my Israeli friends disagree with me on the parliamentary system and point to our own tensions. It is certainly true that both our major parties can be captive to the more extreme groups due to the need for candidates to win primaries. However, I believe structural problems remain in the Israeli system.

Continue reading “Israel Careens Towards Elections as Radicals Again Play Oversized Role in a Flawed Parliamentary System”

Poll: Almost 60 Percent of Democrats Have a Favorable View of Socialism

Recent polls show steady growth in support for socialism among Democrats. A new CBS poll shows how popular it is, with 58 percent holding a positive view of socialism—26 points more than the 32 percent with a positive view of capitalism. This may explain why House Minority Leader Hakeem Jeffries, while rejecting core parts of its platform, embraced Democratic Socialists this week as part of the Democratic Party. In addition to a variety of anti-Semitic figures within its ranks, the DSA wants to get rid of the presidency, the Senate, the Supreme Court, and other institutions (as well as borders, immigration enforcement, and much of private property). Yet, Jeffries still believes they share values and wants them to be part of the Democratic party. In other words, there are many “fine people” in the DSA despite being committed to the destruction of our core institutions.

Continue reading “Poll: Almost 60 Percent of Democrats Have a Favorable View of Socialism”

Gavin Newsom, the DSA, and the Danton Delusion

This week, Gavin Newsom made his latest pitch to the mob by proclaiming himself “an established insurgent.” It was vintage Newsom in trying to be everything to everyone, part of the establishment and part of the revolution. Like a violent pacifist or a preservation arsonist, it makes no sense to anyone else. However, with the victory of radicals across the country, Newsom is trying to join other armchair revolutionaries in seeking to lead the far-left mob. He believes that he can use a class war that will spare him while destroying his enemies. Call it the Danton delusion. Continue reading “Gavin Newsom, the DSA, and the Danton Delusion”

Sam Alito is Locked and Loaded . . . and He is Not Going Anywhere

Below is my column in The Hill on the announcement from Justice Samuel Alito that he is sticking around. Even a cursory review of the docket explains why Alito is not eager to depart despite the wishful thinking of folks at National Public Radio.

Here is the column: Continue reading “Sam Alito is Locked and Loaded . . . and He is Not Going Anywhere”

Dr. Fauci’s Contempt of Congress Can Be Challenged but his Contempt for the Public is Undeniable

“Today I am the most famous and talked-about person in the country.” Those words from the diary of Dr. Anthony Fauci will certainly be true today as the U.S. Senate Committee on Homeland Security & Governmental Affairs moves forward with holding him in contempt for refusing to answer over a hundred questions about his past conduct and statements as the former head of the National Institute of Allergy and Infectious Diseases. Continue reading “Dr. Fauci’s Contempt of Congress Can Be Challenged but his Contempt for the Public is Undeniable”

The Sound of Silence: Fauci Takes the Fifth and the Heat Over his Diary Disclosures

Below is my column on Fox.com on yesterday’s “testimony” from Dr. Anthony Fauci. Americans deserve answers to the questions raised by his diary and other remarks. The most likely course to gain such answers would be through an immunity grant. The impact of a pardon on invocations is a bit murky but, as I stated yesterday, the odds favor Fauci in a court finding that he can still invoke the privilege. In any challenge, a court would likely find that there remains a risk of self-incrimination. What is clear is that many in Washington would prefer Fauci to remain silent on the questions raised by his diary.

Here is the column: Continue reading “The Sound of Silence: Fauci Takes the Fifth and the Heat Over his Diary Disclosures”

The Jurisprudence of Shenna Bellows: Will the Secretary of State Bar Another Candidate from the Ballot?

Maine state Rep. James White (R-Guilford) has filed an objection to the selection of Troy Jackson by party delegates to replace Graham Platner on the ballot. The basis of the challenge is that Jackson previously lost in the primary and, under Maine law, cannot appear twice in the same election. It will be a tough case to make, but he would seemingly be making it to the perfect Secretary of State: Shenna Bellows.

Bellows, who was herself a candidate for the spot, previously adopted a wildly unfounded interpretation to try to block President Donald Trump from appearing on the ballot. In comparison, this demand is modest. Yet, the expectation is that Bellows will go from an unrestrained impressionist to a narrow textualist in this ballot controversy.

Continue reading “The Jurisprudence of Shenna Bellows: Will the Secretary of State Bar Another Candidate from the Ballot?”

Oh Lydia! The South Carolina Supreme Court Again Rules Against Tattoo Speech

There is an interesting free-speech case filed in South Carolina brought by a tattoo parlor challenging a state law that not only bars tattoo facilities from 1000 feet of churches, schools, or playgrounds, but also bans tattoos on the face, neck, or head. The case presents a common challenge for free speech advocates like myself. I have a visceral dislike for tattoos (particularly on the face), but I believe that they are a form of free expression. I, therefore, view the South Carolina law, S.C. Code Ann. § 44-34- 100, as unconstitutional under the First Amendment. (The litigants include claims under 42 U.S.C. § 1983 and the 14th Amendment). Continue reading “Oh Lydia! The South Carolina Supreme Court Again Rules Against Tattoo Speech”

Democrats Dismiss Our Constitutional Traditions as ‘Nostalgia’

Below is my column in The Hill on the latest spin from the left to convince Americans to abandon core constitutional institutions and values as part of a radical agenda in the upcoming elections. Those who defend our traditions, on the 250th anniversary of our Republic, are now being accused of being “nostalgic” rather than progressive. It is a nostalgia that will take on a truly tragic element if professors, pundits and politicians are successful in this effort.

Here is the column: Continue reading “Democrats Dismiss Our Constitutional Traditions as ‘Nostalgia’”

No Mahalo for You: Hawaii Supreme Court Issues Unhinged Screed Denouncing the U.S. Supreme Court

This week, the Hawaii Supreme Court just issued a truly shocking opinion that unleashed a torrent of rage and recrimination against the majority of the United States Supreme Court, including suggesting that they are de facto racists. The opinion by Justice Todd W. Eddins is devoid of judicial restraint and decorum. The fact that other justices would join in such an unhinged screed is a disgrace to the court and the Hawaii bar. Continue reading “No Mahalo for You: Hawaii Supreme Court Issues Unhinged Screed Denouncing the U.S. Supreme Court”

“Start Spreadin’ the News”: New York Losing Billions as Millionaires Flee the Big Apple

Below is my column in the New York Post on the sharp decline in millionaires in New York, costing the state billions as many flee. The exodus has been building for years but may now be accelerating. As Mayor Mamdani holds another press conference promising to end the “violence of evictions,” businesses are reading the writing on the wall. Rather than work to make the state more attractive to wealthy residents and businesses, Democrats are seeking to diminish the appeal of two-tax states. They want to tap into a long-barred area of taxation: the wealth rather than just the income of citizens. By passing a national wealth tax, Democrats will reduce the benefit of fleeing high-tax states like California and New York.

Here is the column:

Continue reading ““Start Spreadin’ the News”: New York Losing Billions as Millionaires Flee the Big Apple”

Ro Khanna Launches Bid as Class Warrior with Expanded Wealth Tax Pledge

Below is my column in the California Post and New York Post on Rep. Ro Khanna confirming that the Billionaire Tax is really not a Billionaire Tax, but rather should be used to target the wealth of others. It is the latest manifestation of the class warfare being unleashed before the midterm elections.

Here is the column: Continue reading “Ro Khanna Launches Bid as Class Warrior with Expanded Wealth Tax Pledge”

The Absurdity of the Hunter Biden Defamation Case

I have taught torts, including defamation for over 30 years, but I have never seen the like of the Hunter Biden defamation case. The defendant made defamatory statements and then just refused to appear. That led to an equally bizarre $1.7 million award by U.S. District Judge Stephen Wilson of the Central District of California to Biden, consisting of just $1 in nominal damages and the rest in punitive damages.

“Well Regulated” But Not Well Read: James Talarico Makes Curious Claim on Second Amendment

A virtual cottage industry has emerged among people finding James Talarico clips espousing everything from declaring his campaign meat-free to there being six genders to God being non-binary. One recently uncovered video from a meet-and-greet, however, attracted my interest and deepened my concerns about Talarico. It shows Talarico explaining why sweeping gun control laws do not violate the Second Amendment. The reason, he declared, is that the Second Amendment expressly embraces gun controls by referring to the right as “well regulated.” Continue reading ““Well Regulated” But Not Well Read: James Talarico Makes Curious Claim on Second Amendment”