Rep. Madeleine Dean (D-PA) has been struggling with other members of the Democratic establishment to appease the far-left radicals in her party. Last week, she insisted that she was not concerned about the rising socialist movement in her party. Sixty-five percent of Democratic voters now support socialism and a shocking 60% would support a military coup. Now Dean is throwing the Supreme Court to the mob, declaring that the institution is “corrupted,” the common claim of court-packers to justify a hostile takeover of the Court. She has joined an ignoble list of politicians who choose personal power over our constitutional principles.
Category: Constitutional Law
Hawaii has long been open about its hostility to Second Amendment rights, joining New York, Illinois, and other states that have proven to be fonts of litigation before the courts. Ironically, these states have proven a bonanza for gun rights advocates in triggering a series of massive losses before the Supreme Court and the expansion of protections under the Second Amendment. On the heels of a major loss before the Court in Wolford v. Lopez over its “Vampire Law,” the state (and the Ninth Circuit) are back again with a new controversy over the permissible limitations or regulations that can be placed on gun ownership. To paraphrase Jerry Maguire, it also seems that gun control advocates always have the Ninth Circuit at “Mahalo.” Continue reading “You Had Me at Mahalo: Ninth Circuit Upholds Latest Gun Restrictions Out of Hawaii”
It appears that nothing says “saving Democracy” like a good old-fashioned military coup. A new survey from the Center for Strategic Politics found that 59 percent of Democrats would favor a military coup to remove President Donald Trump from office. All it took was four years out of power for these Democratic voters to embrace a coup d’état to negate the results of the last election. What is particularly chilling is that many of these voters still portray themselves as defending democracy by calling for a military takeover. It is akin to supporting drive-by shootings to combat gun violence. That is not the only shocker in this survey.
Judge Timothy Kelly, a Trump appointee, issued a Temporary Restraining Order yesterday in CNN, Inc. v. Trump to restore the access of CNN, MS NOW, and Politico to the White House. As I previously explained, it was the only decision that he could make in light of controlling precedent from the D.C. Circuit in Sherrill v. Knight (D.C. Cir. 1977). The White House will have to get either the D.C. Circuit to overturn the long-standing precedent or get the Supreme Court to do so. Neither is likely. Continue reading “Federal Court Orders Reinstatement of CNN, MS NOW, and Politico at White House”
Many of us are gearing up with columns previewing the Court’s October term and have highlighted the upcoming arguments over bans on AR-15s and semiautomatic weapons out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins). In a recent column, Professor Rory Little suggests that these cases will strike at what he considers a glaring flaw in the Heller decision that recognized the individual right under the Second Amendment. Professor Little repeats a common claim about Heller that some of us have challenged. I wanted to briefly address that controversy again. Continue reading “Second Shot at the Second Amendment: Could Heller Be Undone by an Errant Qualifier?” Below is my column in the Hill on the banning of disfavored news outlets from the White House. Putting the legal challenges ahead for the Administration, it is an action that runs against the grain of our values and traditions.
Here is the column: Continue reading “Beware of Politicians Claiming to Protect Us from the Press”
The Trump Administration is rushing to prepare for a fight that few knew was coming after President Donald Trump banned Politico, CNN, and MS NOW from the White House for spreading “fake news.” I understand the President had been planning this step for over a year, but he announced it with little notice to his staff. What will follow could be one of the most consequential fights over press rights in decades… and the odds are against the President. Continue reading “Fake News or Viewpoint Discrimination: Can the President Ban Disfavored Media?”
Below is my column in the New York Post challenging the narrative of the Supreme Court as hopelessly ideologically divided. As the Court heads into the October Session, it remains a court of consensus on the vast majority of cases. While this false narrative is central to the push to pack the Court, the statistics belie the claims of critics.
Here is the column: Continue reading “Unpacking the Narrative: The Supreme Court Remains a Court of Consensus”
Yesterday, I had the pleasure of speaking at the Constitution Day event at James Madison University about “Rage and the Republic.” and various constitutional issues. During the event, organized by the James Madison Center on Civic Engagement, one student asked me what I would change about the U.S. Constitution. I said that I would amend the Constitution to eliminate birthright citizenship, as have other nations who once followed this ill-considered practice. Well, Sen. Rand Paul (R., Kentucky) has wasted no time. He just reintroduced his bill to ban birthright citizenship. Continue reading “Sen. Paul Introduces Birthright Citizenship Amendment”
Below is my column in The Hill on the declaration of Gov. Gavin Newsom that he is now officially “evolving.” However, unlike more modest objectives like opposable thumbs over eons, Newsom wants to accomplish a full transformation in one election cycle to appeal to the surging far left of his party. It is a cautionary tale for Democrats who want their party to reposition toward the political center.
Here is the column:
One of the cases that I have been following as we approach the October term of the Supreme Court is Calce v. New York, a case challenging New York’s ban on stun guns. While it is important not to overplay the significance of the order, some justices clearly want to hear more on the case before deciding whether to grant a writ of certiorari for review. New York City was just ordered to file a response to the petition. With the two other major Second Amendment cases on the docket, a review in Calce could be one of the most impactful Second Amendment terms in decades. Continue reading “A Stunning Case in the Making? The Supreme Court Orders New York to Respond in Second Amendment Case”
Some of us have been closely following challenges to A1765, New Jersey’s gun industry liability law. In my view, the law is facially invalid and preempted under federal law, and we may now find out after the United States Court of Appeals for the Third Circuit greenlit a challenge from the National Shooting Sports Foundation (NSSF) yesterday. The court found that the NSSF has standing to bring the lawsuit, which could reach the United States Supreme Court. Continue reading “Lock and [Re-]Loaded: Third Circuit Greenlights Major Challenge to New Jersey Gun Liability Law”
“You better get ready for … war.” Across the country, radicals are openly planning for the next stage of their movement, and notably, the Democratic establishment is not part of their plans. Despite the talk of a “Big Tent Party,” socialists are riding high on a surge of support and talking purges and revolution. Continue reading ““You Better Get Ready for … War”: Socialists Call for “War in the Streets” and the End of Capitalism”
A certain pattern is emerging on the far left. Political figures spend years currying the favor of other extremists with outrageous commentary, proudly proclaiming their commitment to eliminating the Senate, opening the border, and other measures. Then, they delete all of the comments and declare themselves mainstream. The idea is to run in the center but govern from the far left, the so-called Spanberger strategy. The latest example is William Lawrence, who is running for Michigan’s 7th Congressional District. However, Lawrence’s prior self reveals just how radical this movement could prove. Continue reading “The Stealth Socialist: Michigan Democrat Joins Other Radicals in Scrubbing Social Media of Past Statements”
Land acknowledgments have become standard at academic and political events, including the opening of the Obama Presidential Library and a recent Michigan Democratic event. While supporters insist it merely shows respect for original inhabitants, critics argue it is the ultimate virtue signaling and is increasingly being forced on both speakers and audiences. One critic is Professor Stuart Reges, who teaches at the computer science and engineering school of the University of Washington. He has now received a settlement from the University of Washington, which spent a significant amount of time and resources in response to his mocking of the school’s land acknowledgment. Continue reading “University of Washington Settles Case Against Professor Disciplined for Mocking Land Acknowledgment”