Category: Courts

Courts, Free Speech

Go Fund Me Takes Down Fundraising Campaign for Litigation Over Vaccine Mandate
We previously discussed how GoFundMe has joined social media sites in censoring opposing viewpoints on subjects from critical race theory to vaccines to election fraud. The site once offered a neutral site for those seeking to support others with similar views or interests. The company now insists that it will only allow people to gather on the site if it believes their views are true and correct. However, it was still surprising to see the site take down a fundraising account for litigation against vaccine mandates. The effort of former nurse Jennifer Bridges was simply to get such matters before the courts, which can be the ultimate authority on what is “misinformation.” GoFundMe however blocked people from contributing to the litigation. Continue reading “Go Fund Me Takes Down Fundraising Campaign for Litigation Over Vaccine Mandate” →
Courts, Politics, Society

Judge Orders Philadelphia to Remove Plywood Box Covering Columbus Statute

Common Pleas Court Judge Paula Patrick issued an order on Friday that Mayor Jim Kenney and the city of Philadelphia must remove the plywood box covering a statue of Christopher Columbus. The 144-year-old statue was covered up due to protests that the explorer represents racial injustice and abuse. Other Columbus statues have been destroyed, including one in Baltimore. When asked about that destruction, Speaker Nancy Pelosi shrugged and said “people will do what they do.”  For his part, Kenney has announced that his administration will appeal the ruling in an effort to keep Columbus covered from public view. Continue reading “Judge Orders Philadelphia to Remove Plywood Box Covering Columbus Statute” →

Constitutional Law, Courts, Free Speech, Politics, Religion

Ohio Professor Wins Major Free Speech Decision on Compelled Use of Pronouns in Classrooms

My column yesterday discussed the increasing trend to treat the failure to use a person’s preferred pronouns (called “misgendering”) a type of hate speech or discriminatory conduct. A new case highlights the free speech problems associated with the trend. In Meriwether v. Hartop, the United States Court of Appeals for the Sixth Circuit handed down a major ruling in favor of Shawnee State University Professor Nicholas Meriwether, who was disciplined for refusing to use a student’s designated pronoun choices.

Continue reading “Ohio Professor Wins Major Free Speech Decision on Compelled Use of Pronouns in Classrooms” →

Courts, Politics

Omar Accuses Judge of Being Part of Conspiracy to Block “Progress” in Effort to Eliminate the Minneapolis Police Department

Rep. IIhan Omar (D., Minn.) lashed out at Hennepin County District Judge Jamie Anderson for blocking a ballot measure that would replace with Minneapolis Police Department with a new department of public safety. Omar alleged that Anderson was part of a “network” working to frustrate “progress.” Underlying this dispute is an interesting question of the court’s role on the ballot question and, while she is wrong in her attack on the court, Omar may have a legitimate objection if the ballot question is blocked despite revisions.

Continue reading “Omar Accuses Judge of Being Part of Conspiracy to Block “Progress” in Effort to Eliminate the Minneapolis Police Department” →

Bizarre, Constitutional Law, Courts, Lawyering, Politics

Admission Against Interest: White House Chief of Staff Admits Vaccine Mandate is a “Work Around” the Constitutional Objections

In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. In politics, it is called just dumb. White House chief of staff Ronald Klain offered a doozy this week when he admitted that the announced use of the authority of the Occupational Safety and Health Administration (OSHA) for a vaccine mandate was a mere “work around” of the constitutional limit imposed on the federal government. The problem is that the thing being “worked around” is the Constitution. Courts will now be asked to ignore the admission and uphold a self-admitted evasion of constitutional protections. Continue reading “Admission Against Interest: White House Chief of Staff Admits Vaccine Mandate is a “Work Around” the Constitutional Objections” →

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

The Appeal of Chaos: How Politicians and Pundits are Misconstruing The Supreme Court’s Order on the Texas Abortion Law
Magnum Chaos

Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The order of the Court expressly did not reach the merits and certainly did not, as claimed, overturn Roe v. Wade. The Texas law is not even the greatest threat to Roe. Not only is there a pending case on the docket of the Court that has long been viewed as a serious threat to Roe, but the White House and the House of Representatives are threatening immediate actions that could also create new challenges for pro-choice litigants.

Here is the column: Continue reading “The Appeal of Chaos: How Politicians and Pundits are Misconstruing The Supreme Court’s Order on the Texas Abortion Law” →

Congress, Constitutional Law, Courts, Media, Politics

Klobuchar Calls For The Killing of Filibuster Despite a Call for its Full Restoration During The Kavanaugh Confirmation

I have previously noted the curious positions of some senators who want to preserve the filibuster but only if it is not used to block legislation that they are demanding.  For example, Sen. Angus King (I., Maine) has declared that he supports the filibuster but would kill it if it is used to block the federalization of elections. The point of a filibuster is that forces compromise on divisive issues. However, the relativistic position on the filibuster continued today with Sen. Amy Klobuchar (D., Minn.). The senator previously called for the preservation of the filibuster but now wants it killed after the Supreme Court last week declined to block a Texas abortion law. Continue reading “Klobuchar Calls For The Killing of Filibuster Despite a Call for its Full Restoration During The Kavanaugh Confirmation” →

Columns, Constitutional Law, Courts, Media, Politics

Supreme Court Rejects Injunction of Texas Abortion Law . . . Media Erupts With Roe Obituaries

For many waking up yesterday, they must have thought that they had a real Rip Van Winkle of a snoozer for the last 50 years.  Across the spectrum, legal experts were declaring the death of Roe v. Wade after the Supreme Court refused to enjoin a Texas anti-abortion law in an emergency filing. Rep. Alexandria Ocasio-Cortez announced that the Supreme Court just  “overturned” Roe in the order. The mainstream coverage ranged from the outright death of Roe to its being rendered to a vegetative state. Even more reasoned analysis asked “Is this how Roe v. Wade dies?” The answer is no.  This is how legal analysis dies. Continue reading “Supreme Court Rejects Injunction of Texas Abortion Law . . . Media Erupts With Roe Obituaries” →

Constitutional Law, Courts, Media, Politics

“A Matter of Logic and Common Sense”: Federal Court Rejects Chemerinsky Theory on the Unconstitutionality of Newsom Recall

Recently, I was critical of a Washington Post column by University of California-Berkeley Dean Erwin Chemerinsky and Professor Aaron S. Edlin, who argued for a legal challenge of the recall election of Callifornia Gov. Gavin Newsom as unconstitutional. They insisted that the recall election violated the concept of “one person, one vote.” While Chemerinsky and Edlin insisted that the unconstitutionality of the recall election “should not be a close constitutional question,”  I argued that most judges would likely agree but come to the opposite conclusion.  Apparently, one such judge is United States District Court Judge Michael Fitzgerald who went out of his way to say that this was not a close question before summarily dismissing the Chemerinsky/Edlin theory. Continue reading ““A Matter of Logic and Common Sense”: Federal Court Rejects Chemerinsky Theory on the Unconstitutionality of Newsom Recall” →

Congress, Constitutional Law, Courts

Unconstitutional But Legal? Court Agrees CDC Does Not Have The Authority For Moratorium Before Upholding Moratorium

Last week, a federal court did something that would seem not just counterintuitive but impossible under our legal system: it upheld an agency order despite the clear lack of authority to issue it.  The order – to renew a moratorium on evictions – is a constitutional zombie that is neither alive nor dead. Yet it still walks the land. Continue reading “Unconstitutional But Legal? Court Agrees CDC Does Not Have The Authority For Moratorium Before Upholding Moratorium” →

Congress, Constitutional Law, Courts

Federal Judge Reverses Biden Order To Terminate Trump’s Remain-in-Mexico Policy

Judge Matthew Kacsmaryk of the United States District Court for the Northern District of Texas delivered a blow to the Biden Administration on Friday by ordering the reinstatement of  the Trump-era Migrant Protection Protocols (MPP) program, also known as the “Remain-in-Mexico” policy. This is only the latest of a string of losses by the Biden Administration in its first six months in court. Continue reading “Federal Judge Reverses Biden Order To Terminate Trump’s Remain-in-Mexico Policy” →

Constitutional Law, Courts, Criminal law

Texas Supreme Court Lifts Restraining Order Protecting Democratic Legislators from Arrest

Yesterday, we discussed the order of State District Judge Brad Urrutia to block the arrest of House Democrats who fled the state to prevent a quorum to pass election reforms in a type of flight filibuster. It did not take long for Urrutia to be reversed. Last night, the Texas Supreme Court lifted the temporary restraining order. The decision has not only exposed the Democrats to arrest but it has exposed another claim of bias against the PolitiFact, which lambasted Sen. Ted Cruz (R., Tx) who claimed that the legislature clearly had the authority to order such arrests. Continue reading “Texas Supreme Court Lifts Restraining Order Protecting Democratic Legislators from Arrest” →

Constitutional Law, Courts, Politics

State Judge Blocks Any Arrest of Democrats Who Fled Legislature

State District Judge Brad Urrutia has issued an order blocking the arrest of House Democrats who fled the state to prevent a quorum to pass election reforms in a type of flight filibuster. They have been heralded by Democrats in Washington (despite their own opposition to federal filibusters as anti-Democratic). The order freezes any further action until the parties can brief the question.  This is a different lawsuit from the error-ridden and poorly conceived federal filing from these members. Continue reading “State Judge Blocks Any Arrest of Democrats Who Fled Legislature” →

Columns, Constitutional Law, Courts, Media, Politics

The Biden Administration Goes To War With The “Non-Vacs”: Is Coercion the Answer?

Below is my column in the Hill on the shift from reasoned consent to coerced consent in the campaign for vaccinations. The push by the Biden Administration for private companies to enforce mandates and restrictions has increased in the last week. There is a high likelihood of a new round of litigation as pressure builds for new mandates and even lockdowns.

Just before this column ran, CDC Director Rochelle Walensky was asked by Fox host Bret Baier “Are you for mandating a vaccine on a federal level?” She responded “That’s something that I think the administration is looking into.” Later she reversed herself by saying “I was referring to mandates by private institutions and portions of the federal government. There will be no federal mandate.” It was a telling response because she was asked about a federal mandate directly. She now says she meant to say a privately enforced mandates is what they are thinking about. The reversal may be a problematic as the original. It would confirm that the Biden Administration is using private companies as a type of direct surrogate for a public mandate.

Here is the column: Continue reading “The Biden Administration Goes To War With The “Non-Vacs”: Is Coercion the Answer?” →

Courts, Media, Politics, Supreme Court

Supreme Irony: Polls Show Drop In Approval of the High Court Despite Unanimous and Non-Ideological Decisions
Res ipsa loquitur – The thing itself speaks