This week, the Fourth Circuit issued a major ruling striking down South Carolina’s limits on absentee ballots. The relatively novel basis of this opinion (by Judges Roger Gregory, Judge Pamela Harris, and Judge Julius Richardson) was that it violated the 26th Amendment as discrimination on the basis of age for voters. The opinion conflicts with rulings in other circuits and, in my view, is challengeable.
Category: Courts
House Minority Leader Hakeem Jeffries has struggled to pander to the mob to secure power in the midterm elections, including brandishing a baseball bat on social media to show his radical bona fides. With Democratic Socialists chanting “you’re next” when seeing Jeffries, he continues to struggle to stay in front of the mob. This week, he doubled down on his pledge to throw the Supreme Court to the mob if they make him the next Speaker of the House of Representatives. Continue reading “Rage Politics: Hakeem Jeffries Will Take a Baseball Bat to the Supreme Court”
Below is my column in The Hill on the announcement from Justice Samuel Alito that he is sticking around. Even a cursory review of the docket explains why Alito is not eager to depart despite the wishful thinking of folks at National Public Radio.
Here is the column: Continue reading “Sam Alito is Locked and Loaded . . . and He is Not Going Anywhere”
Kamala Harris is again promising the radical wing of her party that she will pack the Supreme Court. Pete Buttigieg and others have done the same to pander to the extreme left. These calls are increasing among Democratic leaders despite a recent poll showing that the Court remains the more popular institution vis-à-vis Congress, and that the majority of Americans agree with its major decisions. Continue reading “Harris Renews Calls to Pack the Court Despite Poll Showing Most Americans Agree with Court’s Decisions”
Below is my column on Fox.com on the most recent controversial decision from Chief Judge James Boasberg in Washington, D.C. While accusing President Trump of a sweeping view of his power, the court seems to have an equally expansive view of its own power.
Here is the column: Continue reading “Boasberg’s Law: Chief District Court Judge Under Renewed Scrutiny Over Pattern of Unilateral Actions”
Below is my column in The Hill on the latest spin from the left to convince Americans to abandon core constitutional institutions and values as part of a radical agenda in the upcoming elections. Those who defend our traditions, on the 250th anniversary of our Republic, are now being accused of being “nostalgic” rather than progressive. It is a nostalgia that will take on a truly tragic element if professors, pundits and politicians are successful in this effort.
Here is the column: Continue reading “Democrats Dismiss Our Constitutional Traditions as ‘Nostalgia’”
This week, the Hawaii Supreme Court just issued a truly shocking opinion that unleashed a torrent of rage and recrimination against the majority of the United States Supreme Court, including suggesting that they are de facto racists. The opinion by Justice Todd W. Eddins is devoid of judicial restraint and decorum. The fact that other justices would join in such an unhinged screed is a disgrace to the court and the Hawaii bar. Continue reading “No Mahalo for You: Hawaii Supreme Court Issues Unhinged Screed Denouncing the U.S. Supreme Court”
I have taught torts, including defamation for over 30 years, but I have never seen the like of the Hunter Biden defamation case. The defendant made defamatory statements and then just refused to appear. That led to an equally bizarre $1.7 million award by U.S. District Judge Stephen Wilson of the Central District of California to Biden, consisting of just $1 in nominal damages and the rest in punitive damages.
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”
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”