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: Courts

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 on Fox.com on the two immigration decisions yesterday from the Supreme Court. One of the cases turned on a Clintonesque debate of what the meaning of “in” is. In the end, however, the Court went “all in” with executive authority over immigration policy.
Here is the column: Continue reading “Going “All In”: The Supreme Court Delivers Major Wins for the Administration on Immigration Enforcement”

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.
In a ruling Friday, District Judge Christopher Cooper ordered the cessation of all repair plans for the Kennedy Center and the removal of Trump’s name from the building within two weeks. It is a detailed and comprehensive opinion, but I believe that Judge Cooper is wrong on the cessation of repairs. Continue reading ““Grossly Short of Prudent Decision-Making”: Court Halts Kennedy Center Construction and Name Change”
There is a bizarre controversy out of the United States Court of Appeals for the Eleventh Circuit, where a federal judge has been reprimanded for engaging in repeated, loud sexual encounters during office hours in chambers with a police officer. While the judge lied to investigators and disrupted the work of court staff, the Eleventh Circuit decided to give only a “private reprimand” and to withhold the identity of the district court judge. However, legal sleuths have pieced together clues and identified one judge in Atlanta as the likely culprit. Continue reading “Judicial Whodunit: Federal Judge Given “Private Reprimand” After Holding Sexual Trysts in Chambers…and Then Lying About It”
House Democrats unanimously voted this week against legislation to build a new women’s history museum on the National Mall. The reason was an amendment that limited the exhibits to biological women to the exclusion of transgender figures. The museum failed 204-216 as House Democrats hoped that they could still secure a museum including transgender figures once they retake power after the midterm elections. Continue reading “House Democrats Unanimously Vote Down Women’s History Museum Over Limit to Biological Women”
The judges and practitioners of the Federal Circuit have long labored under the image of the nerds of the federal courts, handling cases involving patents, trademarks, and other specialized areas. Chief Judge Kimberly A. Moore may have hoped to address that deficit in social standing by paying a PR firm to come up with a video and theme song based on the Schoolhouse Rock genre. If so, a new video is unlikely to help matters.
Continue reading “Courthouse Rock? Federal Circuit Funds Promotional Theme Song and Video”
Below is my column in The Hill on Kamala Harris and her “bad ideas” podcast. Harris was previously said to favor packing the Supreme Court, but the podcast appears to be part of the effort of many in the Democratic Party to condition voters to an emerging radical agenda on the left.
Here is the column: Continue reading “Harri-esy: Why “No Bad Ideas” is a Uniquely Bad Idea”
Virginia Gov. Abigail Spanberger is reportedly “fuming” this week after the state failed to get a single justice on the Supreme Court to support her after she violated the state constitution in her attempted gerrymandering of the state. However, Spanberger may have just guaranteed another trip to the Supreme Court when she said the quiet part out loud about the new state gun ban. Continue reading “Locked and Loaded: Spanberger Inadvertently Makes Case for Striking Down New Gun Ban”
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”