Category: Courts

Columns, Courts, Politics

“Nothing Succeeds Like Excess”: New York’s Perverse Incentive in Pricing Trump Out of an Appeal

Below is my column in the New York Post on the confiscatory fines imposed on former president Donald Trump and his family and corporation. Democrats are thrilled by the over the $450 million bill facing Trump and the possibility that he could be forced to sell off property just to seek an appeal. On ABC, New York Attorney General Letitia James declared “If he does not have funds to pay off the judgment, then we will seek judgment enforcement mechanisms in court, and we will ask the judge to seize his assets.” She added menacingly “yes, I look at 40 Wall Street each and every day.” It is a curious legal system where defendants can be priced out of appeals. While Trump has ample resources and can do this without a “fire sale,” it suggests that a person could be forced to sell a home to challenge its loss in court.

Here is the column: Continue reading ““Nothing Succeeds Like Excess”: New York’s Perverse Incentive in Pricing Trump Out of an Appeal” →

Columns, Courts, Media, Politics

Pay to Play: Trump Faces a Staggering Cost for Appeal

Below is my column on Fox.com on the demand for roughly a $455 million dollar deposit or equivalent bond for Donald Trump to be able to seek appellate review of the recent judgment against him. The combination of the fine and the deposit rule highlight the confiscatory elements of this judgment.

Here is the column: Continue reading “Pay to Play: Trump Faces a Staggering Cost for Appeal” →

Columns, Courts, Criminal law, Politics

Willis Goes Full Trump . . . and May Get Away With It

Below is a slightly expanded version of my column on Fox.com on the hearing in Georgia over allegations of improper conduct by Fulton County District Attorney Fani Willis. In her combative testimony, Willis looked strikingly like the man she is prosecuting.

Here is the column: Continue reading “Willis Goes Full Trump . . . and May Get Away With It” →

Columns, Congress, Constitutional Law, Courts, Criminal law, Politics, Society, Supreme Court

Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis

Below is my column in The Hill on the worsening situation at the Southern border and how the Supreme Court laid the seeds for this crisis over a decade ago. The courts have left few options for either the states or Congress in compelling the enforcement of federal law.

Here is the column: Continue reading “Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis” →

Columns, Courts, Politics, Supreme Court

“This Isn’t What I Expected”: Justice Sotomayor is the Left’s Latest Retirement Target
Courts, Free Speech

The Most Litigious Place on Earth: Disney Loses Major Challenge to Florida

Last year, I criticized the lawsuit of Disney against Florida after losing its special status in the former Reedy Creek Improvement District. U.S. District Judge Allen Winsor in Tallahassee appears to view the matter as dimly as I did. He just dismissed the action in a major loss for the House of Mouse. Continue reading “The Most Litigious Place on Earth: Disney Loses Major Challenge to Florida” →

Constitutional Law, Courts

The Maine Event That Wasn’t: Bellows Fails Again to Force a Ruling on Disqualification

Maine Secretary of State Shenna Bellows lost another attempt to force review of her disqualification “decision” before the United States Supreme Court hears arguments on the issue on Feb. 8th. The Maine Supreme Court declined to review the matter. With other states like Massachusetts ruling this week against disqualification, Colorado will remain the outlier as the only state supreme court willing to embrace this dangerous and anti-democratic theory. Continue reading “The Maine Event That Wasn’t: Bellows Fails Again to Force a Ruling on Disqualification” →

Constitutional Law, Courts, Supreme Court

A Herring Hearing: Supreme Court to Hear Potentially Historic Chevron Case

Today, the Supreme Court will hear two of the most important cases of the term. At issue is the continued meaning (or even viability) of the Chevron doctrine, the 40-year-old doctrine granting deference to federal agencies in regulations carrying out federal laws. This massive doctrine, blamed for the dominance of the administrative state, could be brought down by the diminutive herring.  The cases are  Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. Continue reading “A Herring Hearing: Supreme Court to Hear Potentially Historic Chevron Case” →

Constitutional Law, Courts, Supreme Court

Packing Services: Federal Judge Rules Ban on Guns in Post Offices is Unconstitutional

In Florida, U.S. District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on the 2022 Supreme Court ruling New York State Rifle & Pistol Association v. Bruen recognized a person’s right to carry a handgun in public for self-defense. Continue reading “Packing Services: Federal Judge Rules Ban on Guns in Post Offices is Unconstitutional” →

Courts, Supreme Court

Twenty-Seven States File to Oppose Colorado’s Disqualification of Trump under the 14th Amendment

The majority of Americans oppose the decisions in Colorado and Maine to disqualify former President Donald Trump from the 2024 ballot. Other polls put the balance slightly in favor, but all polls show a deeply divided country on this effort. The Maine decision will now be reviewed by the Maine state courts, but the Colorado decision is scheduled for oral argument in a matter of weeks. A reversal of the Colorado decision is now supported by 27 states, which filed with the Supreme Court to oppose the underlying theory under the Fourteenth Amendment.  It is relatively rare to see states opposing the expansion of their own authority vis-a-vis Congress. The brief reinforces the view of states like Colorado as outliers in the country in embracing this anti-democratic theory.

Continue reading “Twenty-Seven States File to Oppose Colorado’s Disqualification of Trump under the 14th Amendment” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

“A Sad Day”: How the Colorado Disqualification Case is Bringing Back Bad Memories for the Supreme Court

Below is my column in The Messenger on the challenge facing the Supreme Court in the coming week over the electoral disqualification of former president Donald Trump in Colorado and Maine. The appeal in Maine has been filed and can now work its way up to the Court. Colorado is expected to file with the Court this week. If the Court does not act before Jan. 4th, Colorado could seek to moot any appeal and avoid review. It would then depend on the Maine litigation to bring the matter back to the Court.

Here is the column: Continue reading ““A Sad Day”: How the Colorado Disqualification Case is Bringing Back Bad Memories for the Supreme Court” →

Courts, Criminal law

Missouri Court: Mark McCloskey Pardoned But Still Guilty
YouTube Screenshot

There is an interesting ruling in the ongoing litigation of the case of Mark McCloskey. We previously discussed the case, which became a cause célèbre for many on the left and the right after Mark and Patricia McCloskey of St. Louis appeared outside of their home in an armed standoff with protesters in St.Louis.  I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns. Mark McCloskey later pleaded guilty to two misdemeanors to end the case, but was then granted a pardon.  He then sough the return of two firearms. The Missouri Court of Appeals has now prevented that return of the weapons by denying a motion for replevin. The basis for the decision is very interesting: McCloskey is pardoned but still considered guilty. Continue reading “Missouri Court: Mark McCloskey Pardoned But Still Guilty” →

Columns, Constitutional Law, Courts, Supreme Court

The Supreme Court Holds to Regular Order for the New Year

Below is my column in The Messenger on the Supreme Court’s rejection of the motion by Special Counsel Jack Smith to curtail the appellate review of Donald Trump’s claim of immunity. While denounced by many in the media, it was not just a predictable but principled decision to stick with regular order in the consideration of such appellate issues.  For too many legal experts, Trump offers the release of rage and the ability to adopt of the same dismissive, cavalier attitude of others when it comes to legal rights.

Long civil libertarians can experience the momentary freedom from the confines of blind justice and due process. They can just vent and demand abridged appeals for a presumed guilty defendant. They can embrace broad interpretations of criminal provisions and narrow interpretations of constitutional rights. Years of circumscribed restraint can be set aside for a cathartic demand for disqualification and incarceration.  The Supreme Court, however, resisted such demands in a decision that declined to create a fast-track to favor the Special Counsel.

Here is the column:

Continue reading “The Supreme Court Holds to Regular Order for the New Year” →

Constitutional Law, Courts, Criminal law, Politics

Second Circuit Strikes Down Critical Provisions in New York’s Most Recent Gun Control Law

I have previously written how New York has been the gift that keeps on giving for the National Rifle Association and other gun rights groups. The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. The latest is a ruling by the United States Court of Appeals for the Second Circuit striking down key provisions of the law passed after the Bruen decision. Continue reading “Second Circuit Strikes Down Critical Provisions in New York’s Most Recent Gun Control Law” →

Res ipsa loquitur – The thing itself speaks