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”
Category: Constitutional Law
Congressional Democrats blocked an effort to introduce a constitutional amendment to bar the Court’s expansion, with many members reiterating their demand to pack the Court to create an instant liberal majority. The Democrats insisted the Court is broken and no longer legitimate because of partisan rulings they want reversed by a packed Court. Ironically, the vote came with the release of the latest Harvard-Harris polling showing that Congress itself is still the least respected institution, while the Supreme Court holds higher approval than either the White House or Congress. Continue reading “Supreme Irony: Congressional Democrats Seek to Reform Institution That is More Popular Than They Are”
The Administration won a major victory before the Supreme Court this week, securing a 5-4 decision allowing the resumption of construction of the new White House ballroom. Notably, Chief Justice John Roberts wrote a dissent with his three liberal colleagues to oppose the move. The case turns on the standing of challengers to bring the case. However, as a torts professor, what intrigued me was what the case says about aesthetic injuries. Continue reading “Eye of the Beholder: Aesthetic Injury and the White House Ballroom”
On NBC’s “Meet the Press,” Rep. James Clyburn (D-SC) added his voice to expand the Supreme Court to a “baker’s dozen,” or thirteen members to allow Democrats to add justices who agree with him and Democratic members on how the law must be interpreted. In the meantime, as discussed earlier, court packing is being pushed as the new litmus test for any Democratic candidates. Clyburn’s “baker’s dozen” is a telling description of an effort to bake in partisan views on a Court expanded to create an instant liberal majority. In defending this hostile takeover of the Court, Clyburn bizarrely insisted that the failure to do so might lead to a return to antebellum conditions when blacks were being given fewer rights than whites. Continue reading “Clyburn Calls for Packing the Court with “Baker’s Dozen” to Flip Cases”
Below is my column in The Hill on the latest controversy from the chambers of Judge Indira Talwani. While the court could be upheld in halting the executive order on mail-in balloting in this case, Talwani is one of a number of jurists who have been habitual blockers of executive reforms and policies. Talwani has been criticized in the past as something of a one-stop option for forum-shoppers. Her record reaffirms the rationale for justices in using the emergency docket, or so-called “shadow docket,” to deter gaming the system.
Here is the column: Continue reading “The Long Shadow of Judge Indira Talwani”
There was a curious moment this week when Michigan Senate nominee Abdul El-Sayed expressed shock that people were asking him about a “streamer in California” as he campaigns for the Senate in Michigan. That streamer is, of course, Hasan Piker. Despite El-Sayed’s disbelief, the questions stemmed from the fact that he brought Piker from California to campaign with him in Michigan and embraced him despite condemnations of Piker’s virulent antisemitism and violent rhetoric. However, the problem goes far deeper, as El-Sayed distances himself from views he has previously voiced. Continue reading “Abdul El-Sayed and the Piker Problem”
Below is my column in Fox.com on the interview last night of Michigan Democratic Senatorial candidate Abdul El-Sayed with Fox host Jesse Watters. (An earlier version appeared on the blog, but I have replaced it with this shorter version).
Here is the column:
Below is my opinion on recent incidents involving customers being forced out of businesses due to their political views or associations. There is a crushing irony for some who supported efforts to force businesses to prepare products from cakes to websites despite religious and political objections. In these cases, the owners were refusing to offer the same services (not expressive products) that they offer other customers.
Here is the column: Continue reading ““This is My Place of Business”: How Cakes and Coffee Continue to be Groundzero in an Age of Rage”
This week, the Fourth Circuit issued a major ruling striking down South Carolina’s limits on absentee ballots. The relatively novel basis of this opinion (by Judges Roger Gregory, Judge Pamela Harris, and Judge Julius Richardson) was that it violated the 26th Amendment as discrimination on the basis of age for voters. The opinion conflicts with rulings in other circuits and, in my view, is challengeable.
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”
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.
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”
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”
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”
“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”