Below is my column in The Hill on a conspiracy theory being pushed by presumptive Democratic nominee and former Vice President Joe Biden that President Trump is going to order a halt to the November election. This Sunday, one of the frontrunners for the Vice President slot, Stacey Abrams, was pressed by CNN’s Jake Tapper on Biden’s view that Trump will use the Post Office to delay the election. Tapper did an excellent job in pursuing a direct answer and Abrams insisted it is “not a conspiracy theory” and repeated the nebulous connection to the postal service. It is a conspiracy theory and, as I stated yesterday, passing around the tin foil hats is hardly a recommendation for vice president. Most striking is that, after bizarrely insisting that this was a credible theory on CNN, NBC’s Chuck Todd did not even ask her about it in a low-impact interview. Many of us have been critical of the failure of some Trump supporters to call out the President over such indefensible statements as his disinfectant comments (and later clearly untrue denial). The same is true for Democrats who ignore bizarre or untrue statements like this one from their leaders.
Here is the column: Continue reading “Biden Goes Postal: The Vice President’s Conspiracy Theory Is Given Credence By The Media And Democratic Leaders”
One of the more interesting legal fights during the pandemic have centered on abortion rights in Texas. Some governors, like Texas Gov. Greg Abbott, have sought to limit abortions as non-essential or “not immediately medically necessary” procedures during the pandemic. That has been challenged by pro-choice advocates who insist that this is just an opportunistic use of the pandemic. One such fight is bouncing around the Fifth Circuit over the use of pill-induced abortions. The United States Court of Appeals for the Fifth Circuit just ruled in favor of the state restriction. 
Below is my column in The Hill newspaper on potential liability of China for its negligence in the early stages (and possible release) of the Coronavirus.
The Supreme Court handed down a major new ruling today that requires state juries to be unanimous to convict defendants in criminal trials. It is a historic “incorporation” ruling that the Sixth Amendment would apply in the same way to the states as it does the federal government. Most rights are incorporated, but the Supreme Court has long allowed this protection to be decided state-by-state. The court’s 6-3 ruling overturned its 1972 decision in Apodaca v. Oregon. Notably, the opinion was written by Justice Neil Gorsuch who continues to follow his conscience in breaking from the right of the Court — as I expect he would when I 
Below is my column in USA Today on the pledge of President Donald Trump that he would adjourn Congress under a never used and rarely discussed power of Article II. While Trump pledged to do so a week ago, there has been no mention of the invocation since that time.
In the crush of news this week, one story was a bit buried. U.S. District Court Judge Amy Berman Jackson 
The 
Below is my column in the Washington Post on President Donald Trump’s assertions of “absolute” and “total” power over the states. While he appeared to dial back on the rhetoric in the last two days, President Trump again yesterday said that he could have issued orders shutting down every state but decided to let the governors do it. There remains a fundamental misconception of the President’s authority in our system of federalism.