After the Virginia Supreme Court rejected the results of the recent Democratic effort to effectively wipe out Republican representation in the state, Democratic pundits and activists have latched onto a proposal by Michigan State Law Professor Quinn Yeargain to gut the court by forcing the retirement of the current justices, appointing liberal activists, and then reversing the opinion. It is extremely telling that some are pushing the raw muscle play to retake power in Washington, particularly in light of the calls to pack the United States Supreme Court once the party is back in control. Continue reading “Sack and Pack: Law Professor Suggests Extreme Method to Save Virginia Redistricting”
Category: Constitutional Law
Below is my column in the New York Post on the decision of the Virginia Supreme Court to nullify the result of the recent gerrymandering to eliminate virtually all Republican representatives in the purple state. The reversal of fortunes for the party, however, could lead to an even more dangerous agenda.
Here is the column:
The key to surreptitious workarounds is to keep them surreptitious.
That may be the case for Georgetown University, which just had one of its former admissions officers acknowledge efforts to circumvent the Supreme Court’s rulings against the unconstitutional use of race in college admissions. Continue reading “Former Georgetown Admissions Officer Discusses Use of Essays to Circumvent Affirmative Action Rulings”
Since her appointment by President Joe Biden, Supreme Court Justice Ketanji Brown Jackson has quickly developed a radical and chilling jurisprudence. Her often sole dissents and accusatory rhetoric have drawn not just the ire of her conservative colleagues but her liberal colleagues. This week, that tension deepened with a stinging rebuke from Justice Samuel Alito (joined by Justices Clarence Thomas and Neil Gorsuch). Continue reading ““Baseless and Insulting”: Three Justices Chastise Jackson for a “Groundless and Utterly Irresponsible” Dissent”
Below is my column in the Hill on the decision in Louisiana v. Callais and the false narrative that the Supreme Court majority was motivated by the midterm elections. The case barring racial gerrymandering was the capstone of years of opinions from figures from Chief Justice John Roberts, Clarence Thomas, Samuel Alito and others to restore a colorblind constitution.
Here is the column:
Continue reading “Colorblind Constitution: The Roberts Court Ends a ‘Sordid Business’”
Below is my column on Fox.com on House Minority Leader Hakeem Jeffries declaring the Supreme Court “illegitimate.” It is a statement that has dangerously moved beyond the mere hyperbolic as Democrats push to pack or even eliminate the Court.
Here is the column: Continue reading “Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate””
Below is my column on Fox.com on the second indictment of former FBI director James Comey. Despite being one of Comey’s longest critics, the indictment raises troubling free speech issues. In the end, it must be the Constitution, not Comey, that drives the analysis and this indictment is unlikely to withstand constitutional scrutiny. If it did, it would allow the government to criminalize a huge swath of political speech in the United States.
Here is the column:
Continue reading “Shell Speech: Why the Second Comey Indictment is Likely to Fail”
“Incredible, unstoppable titan of terror!” Those words advertising the 1954 movie Godzilla could be the billing of a new freakish giant stretching across the sleeping farm fields of Virginia. Now in a court near you is The Lobster, a monster over 100 miles long. The only saving grace is that this creature only devours Republicans, leaving roughly half the state with virtually no representation in Congress. Continue reading ““Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution”
Below is my column on Fox.com discussing the most recent call to be “ruthless” and to pack the Supreme Court. It is only the latest call for fundamental changes in our system on the 250th anniversary of our revolution.
Here is the column: Continue reading ““Let’s Get Ruthless”: Bulwark’s Bill Kristol Suggests Illiberal Means Are Needed to Save Liberal Democracy”
As Virginia heads to the state Supreme Court, Virginia Attorney General Jay Jones (D) will have to up his game a bit. For starters, he will have to actually defend the redistricting resolution as constitutional when prompted. In a recent interview with CNN, even the host of the friendly network expressed frustration that Jones could not seem to get himself to actually defend the dubious language of the ballot measure. Continue reading ““I Don’t Hear You Answering My Question”: Virginia Attorney General Jay Jones Punts on Whether Redistricting Language Passes Constitutional Muster”
The indictment of the Southern Poverty Law Center on federal fraud charges this week is the start of what could become not just a major criminal prosecution but a major constitutional challenge. At issue is whether the Center’s secret operations to enlist and pay informers constituted fraud of its donors. Continue reading “The SPLC Indictment: Can Public Interest Groups Run Alleged Black-Bag Jobs and Confidential Informants?”
Various Democrats have been openly discussing their plans after retaking power to change the system so they never lose power again. Democratic strategist James Carville has been one of the most vocal and returned to the subject this week in laying out how they will make D.C. and Puerto Rico states and pack the Supreme Court with a liberal majority. Continue reading ““F**k It…Just Do It”: Carville Lays Out Democratic Plan to Add States and Pack the Court To Retain Power”
New York has been a godsend for gun rights in passing a series of unconstitutional limits on Second Amendment rights only to result in major adverse rulings. It may soon do the same for the free exercise of religion. New York is now going head-to-head with a group of Dominican nuns over a law challenged as unconstitutional. New York Gov. Kathy Hochul and the state are being sued over a law that forces religious organizations to adhere to LGBTQ policies. Continue reading “New York Versus the Nuns: The Dominican Sisters Face Penalties for Refusing to Yield on Religious Values”
According to the New York Post, the University of Southern California has adopted a policy banning men from certain workout areas. The plan, pushed by an LGBTQ+ group, is designed to prevent the presence of males from triggering women or non-binary students. It may, however, trigger a major legal challenge.Continue reading “USC Bans Men from Gym Areas to Avoid Triggering Women and Non-Binary Students”
Maine’s Secretary of State Shenna Bellows is actually running for governor on her willingness to take flagrantly unconstitutional action. Bellows is touting her removal of Trump from the ballot, an effort that led to a unanimous Supreme Court swatting down Colorado and Maine. Bellows is virtually giddy recounting her efforts to stymie democracy and prevent voters from casting their ballots for the man who ultimately won the election. Continue reading “The Maine Event: Shenna Bellows Runs for Governor on Unconstitutional Effort to Bar Trump from Ballot”