“Anything that can go wrong will go wrong.” That adage, called Murphy’s Law, came to mind this week with the latest injunction issued by U.S. District Court Judge Brian Murphy in Boston. Murphy previously drew national criticism for his efforts to enjoin Trump’s immigration policies, resulting in not one but two rebukes from the Supreme Court. He is now back with an order preventing changes to vaccination policies ordered by Health Secretary Robert F. Kennedy Jr. Continue reading “Murphy’s Law: A Boston Judge Returns with a Vengeance in Halting Kennedy Vaccine Efforts”
Category: Courts
Last week, Chief Judge James Boasberg delivered a blow to the criminal investigation into Fed Chair Jerome Powell by tossing out grand jury subpoenas. Boasberg declared the investigation overtly political and coercive, without any criminal predicate. The decision is a rare rejection of a duly issued grand jury subpoena at this stage of an investigation. In my view, he was premature and could face a difficult appeal in In re Grand Jury Subpoenas, Bd. of Governors of the Federal Reserve System v. U.S. Continue reading “Boasberg’s Law: Why The Quashing of the Powell Subpoenas Leaves More Questions Than Answers”
There has been an ongoing struggle between district court judges and the Trump Administration over a variety of policies. In the first year, some district court judges issued nationwide injunctions that were largely rejected by the Supreme Court and appellate courts. These conflicts have continued and the intracourt tensions have increased. That was evident with the recent decision of the United States Court of Appeals for the Seventh Circuit, which delivered a virtual haymaker in reversing Judge Sara Ellis, an Obama nominee. The panel criticized Ellis for limiting the operation of federal officers in Chicago, saying that she “effectively established the district court as the supervisor of all Executive Branch activity in the city of Chicago.” Continue reading “Seventh Circuit Delivers Sharp Rebuke to Chicago District Judge Over Her “Constitutionally Suspect” Orders Against the Trump Administration”
We have been discussing the erosion of free speech rights across Europe, particularly within the European Union. The crackdowns on free speech in the United Kingdom, Germany, and France are often the focus of these columns. However, a recent case shows how smaller countries like Malta have joined this effort with a repressive vigor. Fortunately, the prosecution of Matthew Grech, 33, ended in acquittal this month, but not for a lack of effort by the government. The case should shock the conscience of anyone who values this “indispensable right.” Continue reading “Prosecution of Maltese Man for Discussing Transition from Homosexuality Ends in Acquittal”
The Supreme Court on Monday issued an important order on its shadow docket in Mirabelli v. Bonta. The court granted an emergency appeal filed on behalf of Catholic parents by the Thomas More Society, blocking a state law that barred parental notification that their children had changed their gender identity. Continue reading “Supreme Court Delivers Key Victory for Parental Rights in California”
Below is my column on Fox.com on the new disclosures of secret orders targeting now FBI Director Kash Patel and White House Chief of Staff Susie Wiles. It is only the latest example of the abuse of the investigatory powers by Special Counsel Jack Smith.
Here is the column: Continue reading “Jack Smith’s Secret Orders Targeting Patel and Wiles Should Alarm Us All”
Below is my column on the tariff decision and the question of who will pay the costs in the aftermath of the decision. While many Democratic politicians and pundits were positively gleeful about the costs, any refunds or policy changes are unlikely to follow anytime soon.
Here is the column: Continue reading “The Supreme Court has Ruled on Tariffs, but Who Will Ultimately Pay?”
This month, the U.S. Judicial Conference issued new ethics guidelines, a publication that rarely attracts attention beyond a small circle of legal nerds. These guidelines, however, are not just the usual tweaks on rules governing free meals or travel. They include a new policy that could materially alter the character of the American courts, allowing judges to engage in commentary to rebut what they deem “illegitimate forms of criticism and attacks.” It is not just injudicious, it is dangerous. Continue reading “Rules of Engagement: The Last Temptation of the Least Dangerous Branch”
In August, some of us expressed doubts over the ruling of San Francisco-based U.S. District Judge Trina Thompson enjoining an effort to end Temporary Protective Status (TPS) for migrants from different countries, citing sufficient racial animus. Now, a unanimous panel just stayed that order in a major win for the Trump Administration, which will now be allowed to revoke deportation protections for citizens from Nicaragua, Nepal, and Honduras. Continue reading “Ninth Circuit Lifts Injunction on the Trump Administration Over Ending Temporary Protective Status for Immigrants”
California Gov. Gavin Newsom has become increasingly Orwellian in his declarations of success. Last week, Newsom was proclaiming the great success of his high-speed train to nowhere – a project delayed by decades, reduced to a fraction of the original plan, and set to cost tens of billions over budget.
This week, he is proclaiming victory after a court struck down his signature law requiring federal agents to unmask. The preliminary injunction issued Monday by Senior status Judge Christine Snyder against California’s No Secret Police Act was a victory for the Trump Administration. However, it should still appeal Judge Snyder’s flawed decision. In other words, the Administration won for the wrong reason. Continue reading “The Trump Administration Just Won the Mask Decision . . . Now it Should Appeal”
In a significant victory for the Trump Administration, a panel of the United States Court of Appeals for the Eighth Circuit lifted the injunction of U.S. District Judge Katherin Menendez, who prevented officers from arresting, detaining, pepper-spraying or retaliating against protesters in Minneapolis without probable cause.
Continue reading “Trump Administration Wins Appeal of ICE Injunction in Minnesota”
Below is my column in The Hill on a pesky problem facing California Democrats: their recent gerrymandering effort may have a racial discrimination problem. According to Ninth Circuit judge Kenneth Lee, the problem is District 13 and the public comments of the primary mapmaker, who declared his intention to create a Latino-dominated district.
Here is the column: Continue reading “Newsom’s Gerrymander Just Might have a Racial Discrimination Problem”
The early reviews of Rage and the Republic are in! In a few days, books (including an audiobook) will be shipped out and on the shelves of bookstores by February 3. Simon & Schuster is releasing the book to coincide with the 250th anniversary of the Declaration of Independence.
Woody Allen famously said, “80% of success in life is just showing up.” When it comes to Bill and Hillary Clinton and possible congressional contempt, it may be 100%. The two politicians have decided to defy lawful subpoenas issued by the House. For the House Oversight Committee, now is also the time for contempt proceedings. Continue reading ““Now is That Time”: Clintons Defy Congressional Subpeona and Trigger Contempt Proceedings”
Yesterday, Minnesota Attorney General Keith Ellison, on behalf of the state and alongside the cities of Minneapolis and Saint Paul, filed a federal lawsuit that is most notable in the absence of any intelligible legal principle. The effort to stop the surge of federal personnel to investigate fraud and enforce immigration is breathtakingly frivolous and farcical. Continue reading “Minnesota Files Meritless Lawsuit to Stop Increase in Fraud Investigation and Immigration Enforcement”