Category: Constitutional Law

Columns, Congress, Constitutional Law, Torts

The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

Below is my column in The Hill newspaper on the declaration of a gun violence emergency by New York Gov. Andrew Cuomo.  The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. If it sounds familiar that is because it is painfully familiar.  It has failed repeatedly in various states, including New York. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. However, that is not the point. The point is the appearance of action, not the ultimate result of such action.

Here is the column: Continue reading “The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire” →

Academia, Constitutional Law, Free Speech, Media, Politics

The Rising Generation of Censors: Law Schools are the Latest Battleground Over Free Speech

Below is my column in The Hill on the rise of a generation of censors with attacks on both academic freedom and free speech throughout our educational system. This trend has reached law schools, which is ominous since these students are the future judges and lawyers who are expected to defend these core principles.

Here is the column: Continue reading “The Rising Generation of Censors: Law Schools are the Latest Battleground Over Free Speech” →

Columns, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics, Supreme Court

Justice or Just Deserts? Trump, Cosby and Georgia Cases Show Rising Cost of Political Litigation

Below is my column in the Hill on a series of cases that appear propelled by political rather than legal considerations.  The costs to the legal system, the public, or victims in such cases are often overlooked but they are considerable.

Here is the column:

Continue reading “Justice or Just Deserts? Trump, Cosby and Georgia Cases Show Rising Cost of Political Litigation” →

Columns, Congress, Constitutional Law, Politics

Georgia On My Mind: The Biden Administration Doubles Down on New Challenge Despite Victory of Arizona In Voting Case

Below is my column in USA Today on the Supreme Court’s rejection of the challenge to the Arizona’s new election rules. The 6-3 decision undermines the claims raised in the new challenge to Georgia’s election law.  Indeed, the Biden Administration is pursuing a new challenge that could result in a sweeping loss under the Voting Rights Act.

Here is the column:

Continue reading “Georgia On My Mind: The Biden Administration Doubles Down on New Challenge Despite Victory of Arizona In Voting Case” →

Constitutional Law, Politics, Supreme Court

Supreme Court Strikes Down California’s Donor Disclosure Law

In the final decision of the Supreme Court before its summer break, Chief Justice John Roberts delivered a major ruling striking down the California law requiring the disclosure of donors for charities. The law attacked so-called “dark money” but the Court ruled that the state was curtailing free speech in a 6-3 decision. Continue reading “Supreme Court Strikes Down California’s Donor Disclosure Law” →

Academia, Constitutional Law

Tenth Circuit Rules Against The University of Denver In Sex Discrimination Lawsuit
The United States Court of Appeals for the Tenth Circuit has handed down a major ruling in favor of a male student who claimed sexual discrimination in the handling of a sexual assault claim against him. The court ruled that the lower court was wrong in ruling that John Doe had not “provided sufficient evidence for a jury to decide whether the investigation into allegations and subsequent disciplinary action discriminated against him because of his sex.”  The case highlights many of the due process failures that have been discussed on this blog at universities. However, there is an interesting twist in DU’s claim of lawful, self-righteous bias. Continue reading “Tenth Circuit Rules Against The University of Denver In Sex Discrimination Lawsuit” →
Columns, Constitutional Law, Criminal law

Could Cosby Sue For Wrongful Conviction?

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault.  The opinion (below) correctly found that the trial judge and prosecutors denied Cosby a fair trial and due process in 2018. The question now is whether Cosby might seek damages for his conviction and incarceration. Continue reading “Could Cosby Sue For Wrongful Conviction?” →

Congress, Constitutional Law, Criminal law, Testimony

Turley Testifies on Secret Orders Targeting The Media In Recent Leak Investigations

Today I will be testifying in the House Judiciary Committee on the use of secret surveillance and gag orders in recent investigations into unauthorized disclosures of classified information. The oversight hearing is in conjunction with investigations of Congress and the Inspector General following reports that the Department of Justice’s engaged in surveillance of Members of Congress, journalists, the White House Counsel and others.

The hearing will be held in Room 2141 of the Rayburn House Office Building at 10 am. The hearing is titled “Secrecy Orders and Prosecuting Leaks: Potential Legislative Responses to Deter Prosecutorial Abuse of Power” and will stream live here.  My testimony is below.

Continue reading “Turley Testifies on Secret Orders Targeting The Media In Recent Leak Investigations” →

Constitutional Law, Politics, Supreme Court

“A Half-in, Half-Out Regime”: Thomas Slams the Continued Criminalization of Marijuana in Little Noticed Opinion
As we wait for the final cases from the Supreme Court this week, Monday was confined to orders of the Court, including the granting and denial of review of cases. One of the cases that was declined was Standing Akimbo, LLC v. United States. That is hardly news on a Court that rejects most petitions for a writ of certiorari. However, this denial was accompanied by an opinion from Justice Clarence Thomas who slammed the current federal policy on marijuana as “a half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana.”  He is, of course, correct. The current position of marijuana criminalization is incomprehensible and conflicted. However, the criticism from one of the Court’s most conservative members was particularly notable. The timing is also notable. This week, the Mexican Supreme Court decriminalized recreational use of marijuana.

Continue reading ““A Half-in, Half-Out Regime”: Thomas Slams the Continued Criminalization of Marijuana in Little Noticed Opinion” →

Constitutional Law

“Reimagining” History: Archives Racism Task Force Finds Rotunda Triggering

We discussed today how the term “triggering” itself can be triggering. Now, it appears that the racism task force for the National Archives has found the Archives themselves are triggering. The task force, created by National Archivist David Ferriero after the protests over the killing of George Floyd, released its report finding that the iconic Rotunda (containing the Declaration of Independence, Constitution, and the Bill of Rights) is a symbol of “structural racism” and should be countered with such reforms as staging dancing performances. It also found the emphasis and celebration of the Founders and Framers to be harmful. Continue reading ““Reimagining” History: Archives Racism Task Force Finds Rotunda Triggering” →

Constitutional Law, Politics, Supreme Court

The Right to Exclude: The Supreme Court Delivers Haymaker Reversal of the Ninth Circuit In Major Takings Ruling

While not one of the matinee cases often discussed in the press, the Supreme Court handed down a major ruling this week on takings under the Fifth Amendment. In a 6-3 decision that broke along ideological lines (a departure from a long line of unanimous or non-ideological rulings), the court ruled in Cedar Point Nursery v. Hassid that a California law was a takings under the Constitution. As I mentioned yesterday, I expect to be teaching this case in the fall and it represents a very significant new precedent in the area. Continue reading “The Right to Exclude: The Supreme Court Delivers Haymaker Reversal of the Ninth Circuit In Major Takings Ruling” →

Columns, Constitutional Law, Free Speech, Supreme Court

Supreme Court Rules 8-1 for Cheerleader in Mahonoy Case In Major Victory for Free Speech

For those seeking to portray the Supreme Court as, to use President Joe Biden’s words, “out of whack,” the Court itself continued to disappoint critics this week with another major and nearly unanimous decision in the long-awaited decision in Mahonoy v. B.L. While many of us in the free speech community hoped for a bright-line decision protecting student speech, the decision sharply rebuts the sweeping claims of schools (from high schools to universities) of authority to monitor and punish off-campus speech.  What is striking about the language is that the Court secures near unanimous decision by limiting the reach of the decision. Continue reading “Supreme Court Rules 8-1 for Cheerleader in Mahonoy Case In Major Victory for Free Speech” →

Congress, Constitutional Law, Courts, Media, Politics

Court Dismisses BLM Lawsuit Against Federal Agencies Over Lafayette Park Protests

We recently discussed the Inspector General report on the Lafayette Park protests and the debunking of claims that the federal government and specifically Attorney General Bill Barr cleared the area for the controversial photo op of President Donald Trump in front of St. John’s Church. For a year, legal and media experts have stated as fact that area was cleared for that purpose and that Barr was lying about the federal agencies using tear gas as opposed to pepper balls (even though the legal and practical difference is largely immaterial). Some tried to keep the myth alive by criticism the IG report and its scope. Now, federal judge Dabney L. Friedrich has dismissed the lawsuit by the ACLU and Black Lives Matter as based on unsupported and unsubstantiated claims against the federal agencies. Ironically, the court allowed the lawsuit against the MPD under Mayor Muriel Bowser to continue. The Bowser Administration admitted recently that it used tear gas near the park on that night and that such use was perfectly reasonable. Both the Bowser and Biden Administrations sought to dismiss the BLM lawsuit as unfounded and unsupportable — a striking departure from what Bowser has stated publicly. Continue reading “Court Dismisses BLM Lawsuit Against Federal Agencies Over Lafayette Park Protests” →

Constitutional Law, Society

“Educate Yourself”: Seattle Human Rights Commission Dismisses Complaint Over Requiring Whites To Pay “Reparations Fees” For Pride Event

There is a controversy in Seattle over plans for a pride event to charge people more based on their race. The Seattle Human Rights Commission is under fire this week after sending a letter dismissing a complaint over the announcement that the Taking B(l)ack Pride on June 26th would charge White entrants a “reparations” fee. The Commission told Charlette LeFevre and Philip Lipson of Capitol Hill Pride that they needed to “educate” themselves and consider the harm that they would cause by being participants in the event.  Update: While the response of the Commission caused outrage from many, Lipson and LeFevre quickly apologized for even raising the issue.

Continue reading ““Educate Yourself”: Seattle Human Rights Commission Dismisses Complaint Over Requiring Whites To Pay “Reparations Fees” For Pride Event” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

Biden’s Bad Run: Is The Biden Administration Doing Worse Than The Trump Administration In The Courts?

Below is my column in the Hill on the growing number of losses by the Biden Administration in courts around the country, including a particularly embarrassing loss before the United States Supreme Court. What is notable is that such losses in the early days of the Trump Administration led to coverage declaring a war on the “rule of law” and even indications of authoritarianism. The Biden losses have received little coverage despite what could be a worst record in the early days of his Administration. The fact is that such adverse decisions are not uncommon as Administrations try to fast track changes. However, the Biden Administration has actually had some very serious losses, including some which are being appealed. Yet, many previously outspoken legal experts have either blamed conservative judges  or simply ignored the losses all together. It is a continuation of an interesting pattern where Democrats are adopting the very rationales that they once denounced.

Here is the column: Continue reading “Biden’s Bad Run: Is The Biden Administration Doing Worse Than The Trump Administration In The Courts?” →