Category: Courts

Constitutional Law, Courts, Supreme Court

Backfire: Cook County State’s Attorney Seeks Dismissal of Key Gun Case Before Oral Argument
I have previously written how Chicago and New York have been the gifts that keep giving for the gun rights community in supplying a line of flagrantly unconstitutional gun laws that have resulted in major wins before the Supreme Court. On December 2, 2026, the Supreme Court is poised to hear oral arguments in Viramontes et al. v. Cook County, Illinois, et al., on the constitutionality of another gun ban involving semi-automatic rifles. Cook County State’s Attorney Eileen O’Neill Burke has filed a last-minute effort to dismiss the case that may actually backfire in emphasizing the very aspect of the case with the greatest potential vulnerability for Chicago and gun control advocates. Continue reading “Backfire: Cook County State’s Attorney Seeks Dismissal of Key Gun Case Before Oral Argument” →
Courts, Criminal law, Supreme Court

The Justice Department Moves Forward with Grand Jury Investigation into Dobbs Leak

The Administration is reportedly moving forward with a grand jury investigation into the leak of the Dobbs decision on May 2, 2022. The timing is critical given the default statute of limitations of five years. The grand jury has issued subpoenas in an investigation led by U.S. Attorney for the District of Columbia Jeanine Pirro. It is welcome news for many of us who continue to worry about this leak’s impact on the institution and its unique culture. Continue reading “The Justice Department Moves Forward with Grand Jury Investigation into Dobbs Leak” →

Courts, Lawyering

“You are White-Presenting”: Texas Judge Ordered to Undergo Psychiatric Testing After Bar Complaint

Judge Ada Brown of the Northern District of Texas has been suspended pending psychiatric testing and the resolution of a bar complaint after a bizarre hearing in April 2026. In the hearing, Brown, a Trump appointee, went on a racial diatribe against a lawyer, Ezra Young, over his race. Young was accused of being White. When Young informed her that he is Hispanic, Judge Brown went on to say that he is “white-presenting” in continuing her racial browbeating. Continue reading ““You are White-Presenting”: Texas Judge Ordered to Undergo Psychiatric Testing After Bar Complaint” →

Columns, Constitutional Law, Courts, Media

Last Stand at the High Court: Catherine Herridge Fights to Protect Confidentiality in Bizarre Case

Below is my column in Fox on the final appeal of respected journalist Catherine Herridge in her case to protect the principle of confidentiality. The Supreme Court has been asked to review a case that has been truly bizarre for the former Fox reporter who uncovered an alleged threat to our national security. However, she has been facing an $ 800-a-day order to turn over her sources to an alleged former colonel in the People’s Liberation Army.

Here is the column: Continue reading “Last Stand at the High Court: Catherine Herridge Fights to Protect Confidentiality in Bizarre Case” →

Columns, Constitutional Law, Courts, Media, Supreme Court

Supreme Showdown: Investigative Reporter and Accused Chinese Operative Face Off in Press Freedom Case

Below is my column in The Hill on an important case currently before the Supreme Court on the free press and the ability to protect confidential sources. The underlying facts may seem like something out of The Onion: an accused Chinese operative and PLA Colonel who was viewed as a national security risk is successfully using the Privacy Act to get a respected journalist to reveal her confidential sources. However, it is very serious and, unless the Court reviews the case, investigative journalism in the United States could suffer a debilitating blow with little more than a shrug from the courts. Continue reading “Supreme Showdown: Investigative Reporter and Accused Chinese Operative Face Off in Press Freedom Case” →

Congress, Courts, Media, Politics, Supreme Court

Borked or Just Business? Supreme Court Hears Challenge to the Sharing of Viewing Records on Free Sites

Today the Supreme Court will hear arguments in a major case pitting privacy advocates against media companies. By any measure, Salazar v. Paramount Global is a blockbuster case in the making. At issue is the use of viewing habits by companies offering free subscriptions and material to the public. These companies make money by then using that history for tailored marketing programs. Michael Salazar is arguing that a Blockbuster-era law should prevent such sharing of his viewing history, a ruling that would have a massive impact on media and entertainment companies.

Continue reading “Borked or Just Business? Supreme Court Hears Challenge to the Sharing of Viewing Records on Free Sites” →

Animals, Constitutional Law, Courts, Environment, Torts

All Wrong for the Right Whale: Maine Lobstermen Lose Claims Against Aquarium Over Group Libel

The United States Court of Appeals for the First Circuit issued an interesting torts decision yesterday on group libel. In Bean Maine Lobster, Inc. v. Monterey Bay Aquarium Found., a unanimous appellate panel ruled that the Maine lobster industry could not sue the Monterey Bay Aquarium Foundation for saying that Maine lobstering is all wrong for the right whale.

Continue reading “All Wrong for the Right Whale: Maine Lobstermen Lose Claims Against Aquarium Over Group Libel” →

Courts, Free Speech, Politics

Supreme Court Ends Appeals of Former Pennsylvania Judge Suspended Over Social Media Posts

This week, Judge Mark Cohen’s long, checkered judicial career came to an ignoble end. The Supreme Court denied his petition for certiorari to challenge the 2024 ruling by the Pennsylvania Supreme Court that he was properly suspended over a litany of partisan social media posts while a sitting judge. Continue reading “Supreme Court Ends Appeals of Former Pennsylvania Judge Suspended Over Social Media Posts” →

Columns, Constitutional Law, Courts, Free Speech, Politics, Supreme Court

“Kayak-tivists” Target the Home of Chief Justice Roberts in Maine in the Latest Protests

There are certain dates that have become a regular feature in American life. In February, the Sandhill Cranes return to the Platte River in Tennessee. In March, the swallows return to San Juan Capistrano…and in October, the protesters have returned to Hupper Island, the summer vacation home of Chief Justice Roberts. Continue reading ““Kayak-tivists” Target the Home of Chief Justice Roberts in Maine in the Latest Protests” →

Congress, Courts, Society, Supreme Court

Justice (and Justices’ Investments) Should Be Blind: The Alito Controversy Raises Persistent Problem on the Court

Yesterday, Supreme Court Justice Samuel Alito recused himself from one of the term’s most important cases: Suncor Energy Inc. v. County Commissioners of Boulder County. As I have previously discussed, the case involving the liability of energy companies for nuisance actions tied to climate change could have sweeping implications for the country. Justice Alito should be commended for avoiding even the appearance of a personal interest or a conflict in the case. However, the controversy should prompt the Court to explore a longstanding problem for justices in holding financial interests that can conflict with their duties. The solution is simple: justices need to use blind trusts. Continue reading “Justice (and Justices’ Investments) Should Be Blind: The Alito Controversy Raises Persistent Problem on the Court” →

Columns, Constitutional Law, Courts, Criminal law, Free Speech, Politics, Supreme Court

The October Term: A Preview of the Coming Cases for Another “Big Year” on the Court

Below is my column in The Hill with a preview of the coming October Term at the Supreme Court. It already has the making of another “big year” on the Court.

Here is the column:

Continue reading “The October Term: A Preview of the Coming Cases for Another “Big Year” on the Court” →

Constitutional Law, Courts, Supreme Court

You Had Me at Mahalo: Ninth Circuit Upholds Latest Gun Restrictions Out of Hawaii

Hawaii has long been open about its hostility to Second Amendment rights, joining New York, Illinois, and other states that have proven to be fonts of litigation before the courts. Ironically, these states have proven a bonanza for gun rights advocates in triggering a series of massive losses before the Supreme Court and the expansion of protections under the Second Amendment. On the heels of a major loss before the Court in Wolford v. Lopez over its “Vampire Law,” the state (and the Ninth Circuit) are back again with a new controversy over the permissible limitations or regulations that can be placed on gun ownership. To paraphrase Jerry Maguire, it also seems that gun control advocates always have the Ninth Circuit at “Mahalo.” Continue reading “You Had Me at Mahalo: Ninth Circuit Upholds Latest Gun Restrictions Out of Hawaii” →

Constitutional Law, Courts, Media, Politics, Society, Supreme Court

Fake News or Viewpoint Discrimination: Can the President Ban Disfavored Media?

The Trump Administration is rushing to prepare for a fight that few knew was coming after President Donald Trump banned Politico, CNN, and MS NOW from the White House for spreading “fake news.” I understand the President had been planning this step for over a year, but he announced it with little notice to his staff. What will follow could be one of the most consequential fights over press rights in decades… and the odds are against the President. Continue reading “Fake News or Viewpoint Discrimination: Can the President Ban Disfavored Media?” →

Courts, Lawyering

The Secret to “Sleeping Well”: A Response to Kevin Reddington

I was surprised to hear on a flight this week that Lindsay Clancy’s defense counsel, Kevin Reddington, had unleashed a torrent of criticism of my commentary on the trial. In the interview with Fox News reporter Bryan Llenas, Reddington even suggested that we meet and debate these issues. I wanted to briefly respond to Reddington’s criticisms. Continue reading “The Secret to “Sleeping Well”: A Response to Kevin Reddington” →

Congress, Constitutional Law, Courts, Politics, Supreme Court, Torts

Lock and [Re-]Loaded: Third Circuit Greenlights Major Challenge to New Jersey Gun Liability Law

Some of us have been closely following challenges to A1765, New Jersey’s gun industry liability law. In my view, the law is facially invalid and preempted under federal law, and we may now find out after the United States Court of Appeals for the Third Circuit greenlit a challenge from the National Shooting Sports Foundation (NSSF) yesterday. The court found that the NSSF has standing to bring the lawsuit, which could reach the United States Supreme Court. Continue reading “Lock and [Re-]Loaded: Third Circuit Greenlights Major Challenge to New Jersey Gun Liability Law” →

Res ipsa loquitur – The thing itself speaks