Category: Courts

Bizarre, Congress, Courts

Courthouse Rock? Federal Circuit Funds Promotional Theme Song and Video

The judges and practitioners of the Federal Circuit have long labored under the image of the nerds of the federal courts, handling cases involving patents, trademarks, and other specialized areas. Chief Judge Kimberly A. Moore may have hoped to address that deficit in social standing by paying a PR firm to come up with a video and theme song based on the Schoolhouse Rock genre. If so, a new video is unlikely to help matters.

Continue reading “Courthouse Rock? Federal Circuit Funds Promotional Theme Song and Video” →

Columns, Constitutional Law, Courts, Politics

Harri-esy: Why “No Bad Ideas” is a Uniquely Bad Idea

Below is my column in The Hill on Kamala Harris and her “bad ideas” podcast. Harris was previously said to favor packing the Supreme Court, but the podcast appears to be part of the effort of many in the Democratic Party to condition voters to an emerging radical agenda on the left.

Here is the column: Continue reading “Harri-esy: Why “No Bad Ideas” is a Uniquely Bad Idea” →

Constitutional Law, Courts, Politics, Supreme Court

Locked and Loaded: Spanberger Inadvertently Makes Case for Striking Down New Gun Ban

Virginia Gov. Abigail Spanberger is reportedly “fuming” this week after the state failed to get a single justice on the Supreme Court to support her after she violated the state constitution in her attempted gerrymandering of the state. However, Spanberger may have just guaranteed another trip to the Supreme Court when she said the quiet part out loud about the new state gun ban. Continue reading “Locked and Loaded: Spanberger Inadvertently Makes Case for Striking Down New Gun Ban” →

Academia, Columns, Constitutional Law, Courts, Politics

Sack and Pack: Law Professor Suggests Extreme Method to Save Virginia Redistricting

After the Virginia Supreme Court rejected the results of the recent Democratic effort to effectively wipe out Republican representation in the state, Democratic pundits and activists have latched onto a proposal by Michigan State Law Professor Quinn Yeargain to gut the court by forcing the retirement of the current justices, appointing liberal activists, and then reversing the opinion. It is extremely telling that some are pushing the raw muscle play to retake power in Washington, particularly in light of the calls to pack the United States Supreme Court once the party is back in control. Continue reading “Sack and Pack: Law Professor Suggests Extreme Method to Save Virginia Redistricting” →

Columns, Constitutional Law, Courts, Media, Politics

The Gerrymander Debacle in Virginia Leaves the Democratic Party with a Dangerous Agenda

Below is my column in the New York Post on the decision of the Virginia Supreme Court to nullify the result of the recent gerrymandering to eliminate virtually all Republican representatives in the purple state. The reversal of fortunes for the party, however, could lead to an even more dangerous agenda.

Here is the column:

Continue reading “The Gerrymander Debacle in Virginia Leaves the Democratic Party with a Dangerous Agenda” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

“Baseless and Insulting”: Three Justices Chastise Jackson for a “Groundless and Utterly Irresponsible” Dissent

Since her appointment by President Joe Biden, Supreme Court Justice Ketanji Brown Jackson has quickly developed a radical and chilling jurisprudence. Her often sole dissents and accusatory rhetoric have drawn not just the ire of her conservative colleagues but her liberal colleagues. This week, that tension deepened with a stinging rebuke from Justice Samuel Alito (joined by Justices Clarence Thomas and Neil Gorsuch). Continue reading ““Baseless and Insulting”: Three Justices Chastise Jackson for a “Groundless and Utterly Irresponsible” Dissent” →

Columns, Constitutional Law, Courts, Society, Supreme Court

Colorblind Constitution: The Roberts Court Ends a ‘Sordid Business’

Below is my column in the Hill on the decision in Louisiana v. Callais and the false narrative that the Supreme Court majority was motivated by the midterm elections. The case barring racial gerrymandering was the capstone of years of opinions from figures from Chief Justice John Roberts, Clarence Thomas, Samuel Alito and others to restore a colorblind constitution.

Here is the column:

Continue reading “Colorblind Constitution: The Roberts Court Ends a ‘Sordid Business’” →

Courts, Travel Blog

The Judicious Beauty of the Ohio Supreme Court

This week, I had the honor of giving a keynote address at the Ohio Supreme Court’s conference on my book, Rage and the Republic, and our founding principles. I must confess to some embarrassment at being unaware of the history and beauty of the Ohio Supreme Court. I was instantly overwhelmed by the building and eagerly accepted Chief Justice Sharon Kennedy’s offer of a tour. Continue reading “The Judicious Beauty of the Ohio Supreme Court” →

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

Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate”

Below is my column on Fox.com on House Minority Leader Hakeem Jeffries declaring the Supreme Court “illegitimate.” It is a statement that has dangerously moved beyond the mere hyperbolic as Democrats push to pack or even eliminate the Court.

Here is the column: Continue reading “Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate”” →

Columns, Constitutional Law, Courts, Politics, Society

“Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution

“Incredible, unstoppable titan of terror!” Those words advertising the 1954 movie Godzilla could be the billing of a new freakish giant stretching across the sleeping farm fields of Virginia. Now in a court near you is The Lobster, a monster over 100 miles long. The only saving grace is that this creature only devours Republicans, leaving roughly half the state with virtually no representation in Congress. Continue reading ““Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution” →

Columns, Courts, Politics, Supreme Court

“We Must Be Clear Eyed”: Harris Calls to Oppose New Court Nominees “Before They Happen”
Former Vice President Kamala Harris is rallying Democratic donors to oppose  “additional justices” that might be nominated by President Donald Trump “before they happen.” Harris is heralding the fundraising by Josh Orton, president of the dark-money group “Demand Justice” (made infamous for its campaign to get Justice Stephen Breyer to resign). Demand Justice has pushed a radical agenda, including court packing.

Continue reading ““We Must Be Clear Eyed”: Harris Calls to Oppose New Court Nominees “Before They Happen”” →

Columns, Courts, Free Speech, Supreme Court

“No One Knows What Will Happen Now”: Justice Ketanji Brown Jackson Warns Against Unbridled Free Speech 

Justice Ketanji Brown Jackson is again warning of a growing threat to the nation. In her lone dissent in Chiles v. Salazar, Jackson observed that “to be completely frank, no one knows what will happen now.” The ominous tone stemmed from the fact that free speech had prevailed over state-imposed orthodoxy in a Colorado case. Eight justices, including her two liberal colleagues, ruled that Colorado could not prevent licensed counselors from “any practice or treatment” that “attempts or purports to change” a minor’s sexual orientation or gender identity. Continue reading ““No One Knows What Will Happen Now”: Justice Ketanji Brown Jackson Warns Against Unbridled Free Speech “ →

Courts, Lawyering

What is Not to Like: Delaware Judge Kathaleen McCormick Draws Fire Over “Liking” Musk Loss

I have long been a critic of Judge Kathaleen McCormick of Delaware over her absurd rulings against Elon Musk and his compensation package at Tesla. In my view, her rejection of the decision of shareholders to approve a generous compensation package reflected a deep bias against the billionaire. Now, McCormick is in hot water after “liking” a story about Musk losing a major case in California. McCormick’s LinkedIn message has prompted Musk’s team to demand that she recuse herself from any future proceedings involving Musk. Continue reading “What is Not to Like: Delaware Judge Kathaleen McCormick Draws Fire Over “Liking” Musk Loss” →

Courts, Society

Ohio Court Rejects View that Opposing a Child’s Gender Change is Evidence of Parental Unfitness

There was an interesting decision from the Ohio Court of Appeals last week on parental rights and transgender identity. In In re S.B., Judge Matthew R. Byrne (joined by Judges Robert A. Hendrickson and Robin N. Piper) ruled that the state was wrong in suggesting that the failure to accept a child’s gender change was evidence of being unfit parents. It is a notable conclusion given our recent discussion of a case out of Iceland where a father was stripped of his custodial rights after criticizing the gender transition of his minor child.

Continue reading “Ohio Court Rejects View that Opposing a Child’s Gender Change is Evidence of Parental Unfitness” →

Courts, Politics

Murphy’s Law: A Boston Judge Returns with a Vengeance in Halting Kennedy Vaccine Efforts

“Anything that can go wrong will go wrong.” That adage, called Murphy’s Law, came to mind this week with the latest injunction issued by U.S. District Court Judge Brian Murphy in Boston. Murphy previously drew national criticism for his efforts to enjoin Trump’s immigration policies, resulting in not one but two rebukes from the Supreme Court. He is now back with an order preventing changes to vaccination policies ordered by Health Secretary Robert F. Kennedy Jr. Continue reading “Murphy’s Law: A Boston Judge Returns with a Vengeance in Halting Kennedy Vaccine Efforts” →