Category: Courts

Boasberg’s Law: Chief District Court Judge Under Renewed Scrutiny Over Pattern of Unilateral Actions

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”

Democrats Dismiss Our Constitutional Traditions as ‘Nostalgia’

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’”

No Mahalo for You: Hawaii Supreme Court Issues Unhinged Screed Denouncing the U.S. Supreme Court

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”

The Absurdity of the Hunter Biden Defamation Case

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.

The Fall of Josh Shapiro: Pennsylvania Governor Collapses on the Political Waterfront

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”

A New Deal for Presidents? Supreme Court Overturns Humphrey’s Executor and Reaffirms Executive Power

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:

Continue reading “A New Deal for Presidents? Supreme Court Overturns Humphrey’s Executor and Reaffirms Executive Power”

Going “All In”: The Supreme Court Delivers Major Wins for the Administration on Immigration Enforcement

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”

The Burden of History: Justice Jackson’s Curious Call to Overturn Bruen

“F… Around and Find Out”: Philly D.A. Krasner’s Campaign Slogan Comes Back to Haunt Him

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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”

Wisconsin Supreme Court Strikes Down Race-Based Scholarships as Unconstitutional

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”

“Dangerous Precedent of Censorship and Sanitization”: Judge Enjoins Removal of Slavery and Climate Displays

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”

Drinking the Court-Packing Kool-Aid: Buttigieg Joins the Calls to Take Over the Supreme Court

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.

Continue reading “Drinking the Court-Packing Kool-Aid: Buttigieg Joins the Calls to Take Over the Supreme Court”

“Grossly Short of Prudent Decision-Making”: Court Halts Kennedy Center Construction and Name Change

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”

Judicial Whodunit: Federal Judge Given “Private Reprimand” After Holding Sexual Trysts in Chambers…and Then Lying About It

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 Vote Down Women’s History Museum Over Limit to Biological Women

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”