Category: Courts

Columns, Constitutional Law, Courts, Criminal law, Media, Politics

Bowser’s About Face: The District Admits Using Tear Gas Against Protesters and Seeks To Dismiss BLM’s Lafayette Park Lawsuit

Below is my column in the Hill on the District of Columbia not only admitting that it used tear gas on June 1 last year near Lafayette Park, but also defending the use as entirely appropriate to enforce the curfew order of Mayor Muriel Bowser. The media has avoided on the story despite Bowser’s previous condemnations of the alleged use of tear gas that night by the federal agencies. (The federal agencies claimed to have use pepper balls but the affect is largely the same). Both the Bowser and Biden Administrations are seeking to dismiss the Black Lives Matter lawsuit. Yet, the host of legal experts and media who condemned the use of tear gas and the clearing  of the Lafayette park area last year are entirely silent on the disclosures.

Here is the column: Continue reading “Bowser’s About Face: The District Admits Using Tear Gas Against Protesters and Seeks To Dismiss BLM’s Lafayette Park Lawsuit” →

Bizarre, Courts

Taking Judicial Notice? Ninth Circuit Denounces The Last Jedi As “Mediocre and Schlocky”

In the movie The Last Jedi, Supreme Leader Snoke observes “My disappointment in your performance cannot be overstated.” It appears that Snoke could find like minds on the United States Court of Appeals for the Ninth Circuit.  In Briseno v. Henderson, Judge Kenneth K. Lee took a rather broad view of “judicial notice” to declare recently that the 2017 movie was “mediocre and schlocky.” Continue reading “Taking Judicial Notice? Ninth Circuit Denounces The Last Jedi As “Mediocre and Schlocky”” →

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

Unpacked and Undivided: Is The Court Sending A Message With A Litany Of 9-0 Decisions?
Fred Schilling, Collection of the Supreme Court

Today the Supreme Court issued two more unanimous decisions in Garland v. Dai and United States v. Cooley.  This follow two unanimous decisions last week.  The weekly display of unanimity is notable given the calls by Democratic leaders to pack the Court. Yesterday, I wrote about how the heavy-handed campaigns might backfire with the justices. As we await important and likely divided decisions on issues like abortion, Chief Justice John Roberts and his colleagues seem to be sending a message that the Court is not so rigidly ideological as Democratic members and activists suggest. Continue reading “Unpacked and Undivided: Is The Court Sending A Message With A Litany Of 9-0 Decisions?” →

Constitutional Law, Courts, Supreme Court

As The Supreme Court Prepares For Major Rulings, Sen. Blumenthal Issues Warning To Conservative Justices Of “Seismic” Changes If They Rule The Wrong Way

I have previously criticized Sen. Richard Blumenthal, D-Conn., for his almost unrivaled advocacy of censorship and speech controls. Blumenthal previously threatened social media companies not to “backslide” in censoring opposing views.  Now, Blumenthal is taking up the cudgel of court packing with not so subtle threats to conservative justices that, if they do not vote with their liberal colleagues, the Court may be fundamentally altered.  He is not alone in such reckless and coercive rhetoric.

Continue reading “As The Supreme Court Prepares For Major Rulings, Sen. Blumenthal Issues Warning To Conservative Justices Of “Seismic” Changes If They Rule The Wrong Way” →

Academia, Columns, Constitutional Law, Courts, Society, Supreme Court

Will Eliminating Standard Tests Really Reduce Racial Disparities In Education?

Below is my column in The Hill newspaper on the announcement that the University of California will now join the “test-blind” movement and end the use of the SAT and ACT in its admissions decisions. Some have called for the change to increase diversity in the schools, particularly after California voters refused to change the long ban on affirmative action in education under state law.

Here is the column:

Continue reading “Will Eliminating Standard Tests Really Reduce Racial Disparities In Education?” →

Courts, International

Italian Court Fined For “Playing Down Gender-Based Violence”

There is an interesting decision out of the European Court of Human Rights. The court fined an Italian court for “playing down gender-based violence” in a ruling on a gang rape case. The ECHR objected to references to the alleged victim’s sexuality, behavior, and the color of her underwear. Continue reading “Italian Court Fined For “Playing Down Gender-Based Violence”” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering

Newly Released OLC Memo Shows Staff Lawyers Found No Basis For Obstruction Charges In Mueller Report

The long-awaited, though partial, release of a memorandum from the Justice Department this week left many “frustrated,” as predicted by the Washington Post, in Washington. The reason is what it did not contain.  Critics had sought the memo as the “smoking gun” to show how former Attorney General Bill Barr scuttled any obstruction charges against Donald Trump. Instead, the memo showed the opposite. The staff of the OLC actually found that the allegations did not meet the standard of obstruction even without any defenses or privileges related to Trump’s office. Continue reading “Newly Released OLC Memo Shows Staff Lawyers Found No Basis For Obstruction Charges In Mueller Report” →

Columns, Constitutional Law, Courts, Politics

Preference or Prejudice? Federal Court Finds Biden Administration Is Engaged In Racial and Gender Discrimination
(White House Photo/Adam Schultz)

Below is my column in The Hill on the recent decision of a federal judge that the Biden Administration was engaged in racial and gender discrimination in the administration of the pandemic relief under the American Rescue Plan Act. It is a question that is now being raised in a variety of federal programs under the Biden Administration. Continue reading “Preference or Prejudice? Federal Court Finds Biden Administration Is Engaged In Racial and Gender Discrimination” →

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

The Big One? The Supreme Court Accepts Case That Could Deliver A Lethal Blow To Roe

Below is my column in The Hill newspaper on the Supreme Court accepting a major new challenge over abortion with Dobbs vs. Jackson Women’s Health Organization.  After years of exaggerated coverage of the threat of past cases, this could well be “the big one” for pro-life advocates seeking to substantially curtail Roe and Casey.

Here is the column:

Continue reading “The Big One? The Supreme Court Accepts Case That Could Deliver A Lethal Blow To Roe” →

Constitutional Law, Courts, Politics, Supreme Court

Supreme Court Agrees To Hear Major Abortion Challenge

Over the strong opposition of pro-choice groups, the Supreme Court just granted cert in Dobbs vs. Jackson Women’s Health Organization, 19-1392.  The case could prove a turning point for the Court on reproductive rights. The Mississippi law at issue banned abortions after 15 weeks — seven weeks earlier than past laws passing constitutional muster.  State legislators have been passing laws like live torpedos on the water and this one just hit with a 6-3 conservative court. Continue reading “Supreme Court Agrees To Hear Major Abortion Challenge” →

Constitutional Law, Courts, Free Speech

New York Court Orders Mother To Remove Confederate Flag Decoration or Risk Losing Custody of Her Daughter

There is an interesting First Amendment case brewing in New York after an appellate ruled that a mother identified as Christie could lose custody of her daughter unless she removes a rock with a small confederate flag image on it in the driveway. The child is of mixed races and the court has deemed the display as inimical to the best interests of the child.  The family court judge did not make such a determination and the ruling raises a very serious free speech concern over conditioning a right to custody on the curtailment of political speech. As will come as no surprise to regulars on this blog, I view the order as an unconstitutional infringement of the First Amendment.

Continue reading “New York Court Orders Mother To Remove Confederate Flag Decoration or Risk Losing Custody of Her Daughter” →

Constitutional Law, Courts, Media, Supreme Court

Juror 52: Does Chauvin Have A New Challenge Over Juror Brandon Mitchell?

The conviction of former Minneapolis police officer Derek Chauvin was undermined this week after the previously anonymous Juror #52 went public with interviews to discuss his experience on the jury and support the movement to curtail police abuse. The problem was not the public disclosure of his identity (which jurors can elect to do) but what his self-identification triggered on the Internet. A picture soon emerged showing Brandon Mitchell wearing a Black Lives Matter T-shirt with a reference to the death of George Floyd. The image was raised as contradicting his answers in voir dire and raising an appellate question as to juror bias that could be used to challenge the conviction. Continue reading “Juror 52: Does Chauvin Have A New Challenge Over Juror Brandon Mitchell?” →

Courts, Criminal law

Suspect Who Dragged NYPD Officer Was Previously Released Pending Trial For Attempted Murder

The recently released video of a NYPD officer being dragged by a fleeing suspect took an even more controversial turn when it was disclosed that the suspect was out on bond despite being charged with attempted murder. Takim Newson’s earlier release by a judge is baffling given the alleged crime and Newson’s prior criminal record. Continue reading “Suspect Who Dragged NYPD Officer Was Previously Released Pending Trial For Attempted Murder” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, Media

Pelosi Refuses To Criticize Waters Despite Court Denouncing Her Remarks For Undermining The Chauvin Trial

The fallout over the comments of Rep. Maxine Waters (D., Cal.)  continued as Democrats were asked to condemn her call for protesters to stay in the streets and get more confrontational. I recently wrote a column on how Waters had become the best possible witness for Donald Trump in her own lawsuit against him. Waters was denounced by Judge Peter Cahill for undermining not just any conviction in the trial of Derek Chauvin but the court itself in seeking to carry out its constitutional function. It would seem a simple matter for responsible people to condemn Waters’ inflammatory remarks but Speaker Nancy Pelosi (D., Cal.) defended her and refused to criticize the comments.  Earlier this year, Pelosi condemned Trump for criminal incitement and pushed through his impeachment for using similar words on Jan. 6th.  Waters was also defended on CNN where media figures supported her call for protesters to stay in the streets and get “more confrontational.” Continue reading “Pelosi Refuses To Criticize Waters Despite Court Denouncing Her Remarks For Undermining The Chauvin Trial” →

Constitutional Law, Courts, Supreme Court

Sixth Circuit Upholds Ohio Law Banning Aborting Babies With Down Syndrome

The United States Court of Appeals for the Sixth Circuit this week upheld an Ohio law that bans doctors from performing abortions when they know the reason a woman is seeking an abortion is that her baby has Down syndrome. It is a major win for pro-life advocates but could face an appeal to the Supreme Court.

Continue reading “Sixth Circuit Upholds Ohio Law Banning Aborting Babies With Down Syndrome” →