Below is my column in Fox.com on the recent decision of Pennsylvania Governor Josh Shapiro to join the ranks of Democrats calling for packing the Supreme Court. It is a disappointing moment for many of us who hoped that Shapiro could offer a moderate voice in the upcoming elections, resisting the rise of socialists and communists in his party. Instead, he proved to be just another politician thinking of the next election rather than the next generation. Continue reading “The Fall of Josh Shapiro: Pennsylvania Governor Collapses on the Political Waterfront”
Category: Constitutional Law
Below is my column in the Wall Street Journal on the bizarre claim of Gov. Gavin Newsom and others that the Framers would have supported wealth taxes, including the proposed Billionaire’s Tax. It is a claim that seeks to mask the economically unwise with the historically unfounded. The Framers sought to protect property from legislative redistributive impulses. James Madison wrote that the bicameral system, and particularly the Senate, “ought to be so constituted as to protect the minority of the opulent against the majority.” That does not sound like an ally of Bernie Sanders and Ro Khanna.
Here is the column: Continue reading “No, The Framers Would Have Hated the Billionaire Tax”
Pennsylvania state representative and socialist Chris Rabb, the Democratic nominee for Pennsylvania’s 3rd Congressional District, has joined the growing chorus of Democrats denouncing the founding documents and core institutions in the country on our 250th anniversary. The Democratic socialist is running unopposed for Congress and will almost certainly be a member of Congress after November. Continue reading ““You Cannot Kill the Beast Until You Name it”: Democratic Politician Denounces the Declaration of Independence”
Below is my column on Fox.com on the birthright citizenship case. Republicans in Congress have already submitted legislation for both a new constitutional amendment and specific bars on birth tourism. The legislation will obviously move more quickly and, if challenged, could give the Court another opportunity to address the issue. However, the most direct way of addressing the issue remains a 28th Amendment.
Here is the column: Continue reading “The 28th Amendment: Will Trump v. Barbara Be the Final Word on Birthright Citizenship?”

Below is my column in the New York Post on the historic ruling in Trump v. Slaughter, reinforcing the authority of presidents in managing the executive branch. After more than 90 years, Humphrey’s Executor is dead and Trump’s legacy is established on the expansion of presidential powers. The other winner is President Franklin D. Roosevelt who was right all along: he had the right to fire William E. Humphrey (right) as a commissioner of the Federal Trade Commission in 1933.
Here is the column:

Below is my column in The Hill on the scathing rebuke of Philadelphia District Attorney Larry Krasner by the state Supreme Court. Krasner ran for reelection on the slogan “F–k Around and Find Out.” He just found out…
Here is the column: Continue reading ““F… Around and Find Out”: Philly D.A. Krasner’s Campaign Slogan Comes Back to Haunt Him”
The Wisconsin Supreme Court struck down a state-funded scholarship program that awarded financial aid based on the race of college students. The Democrat-controlled court followed the precedent laid out by the United States Supreme Court in finding that Gov. Tony Evers and the state were violating the Equal Protection Clause of the United States Constitution. Two of the most liberal justices, however, wrote a concurrence denouncing the bar on the use of race for such scholarships. If Democrats are able to pack the Supreme Court as demanded by many party leaders, this concurrence is an example of the likely changes that a packed court will bring in reversing anti-discrimination and other rulings.
Continue reading “Wisconsin Supreme Court Strikes Down Race-Based Scholarships as Unconstitutional”
George Santayana famously said that those who ignore history are doomed to repeat it. The same is true for judicial overreach. Those judges who yield to the temptation to counter policies that are not to their liking are likely to repeat such excesses of power. That is why the recent decision of U.S. District Judge Angel Kelley in Boston is so concerning. While there are good-faith reasons why some have objected to the removal of slavery and climate change exhibits from national parks and monuments, this is not about the merits but the authority to make such changes. Kelley’s recent injunction smacks of judicial excess rather than measured review. Continue reading ““Dangerous Precedent of Censorship and Sanitization”: Judge Enjoins Removal of Slavery and Climate Displays”
Former Transportation Secretary Pete Buttigieg apparently got the message this week that he cannot hope to win the Democratic nomination without promising radical measures, including the packing of the Supreme Court. After denouncing the current Court as “rogue” for not ruling as the left has demanded, Buttigieg endorsed the plan of Democrats like Sen. Elizabeth Warren to pack the Court to reverse adverse constitutional interpretations.
There is an interesting controversy brewing in California after four California university professors threatened a political candidate, Richard Lucas, for criticizing them for their roles in the “Billionaire Tax” and sent him a “cease and desist” letter. David Gamage from the University of Missouri, Brian Galle and Emmanuel Saez from UC Berkeley, and Darien Shanske from UC Davis claimed that the public criticism violated anti-doxxing laws by sharing contact information. They are clearly wrong. One of the aggrieved professors, Brian Galle, teaches at Berkeley Law School called Lucas “a clown,” but insisted that sharing public information is unlawful.

Is Virginia Gov. Abigail Spanberger (D) a mole for the National Rifle Association (NRA)? After the recent scandal involving the Southern Poverty Law Center (SPLC), some may wonder given a curious turn of events in Virginia. Gun sales have surged after Spanberger and the Democrats passed sweeping gun bans. Spanberger also issued a public statement that could help tank the legislation in court — resulting in the striking down of the law (or parts of the law) after spurring record gun sales.
In Nantucket, there is an interesting conflict between churches after the Nantucket Unitarian Universalists (NUU) canceled its traditional celebration. In a letter from the church and the Rev. Erin Splaine of the Second Congregational Meeting House Society, residents were told the traditional reading of the Declaration of Independence would be canceled to better focus on the “on-going process within the congregation to better understand our own whiteness.” Continue reading “Massachusetts Church Cancels Traditional Fourth of July Celebration “to Better Understand Our Own Whiteness.””

Below is my column in The Hill on the calls for a boycott of SEC schools by House Minority Leader Hakeem Jeffries over the Supreme Court banning racial gerrymandering under the Voting Rights Act. The use of such sports legends as Jackie Robinson to fight for a form of racial discrimination shows how politics can outstrip our principles.
Here is the column: Continue reading “This is a ‘Jackie Robinson moment,’ but not the one Hakeem Jeffries thinks it is”
Virginia Gov. Abigail Spanberger rolled out a kind of political flea circus this week with an anti-ICE executive order that would purportedly keep ICE out of polling places and other commonwealth areas. It did not matter that the order has no real impact on ICE. The important thing is the appearance of an impact on ICE. Continue reading “The Spanberger Flea Circus: Virginia Governor Signs Anti-Ice Executive Order Devoid of Meaning”