Category: Courts

Congress, Constitutional Law, Courts, International, Politics

No, the House Should Not Impeach Judge Boasberg Over His Tren de Aragua Restraining Order

 

I have previously written against calls to impeach federal judges who have ruled against the Trump Administration in the issuing of temporary restraining orders (TROs) and preliminary injunctions. The latest target of such calls in the House is  District Court Judge James Boasberg, who issued a temporary restraining order against Trump’s invocation of the Alien Enemies Act.  GOP members are making a mistake in engaging in the same impeachment craze that took hold of the Democratic members in prior years (and continues this year). The way to respond to such rulings is to appeal them, not to try to remove judges (which is neither warranted nor likely). Continue reading “No, the House Should Not Impeach Judge Boasberg Over His Tren de Aragua Restraining Order” →

Constitutional Law, Courts, Free Speech

“Too Far”: The Fourth Circuit Reverses Nationwide Injunction on Ending DEI Funding

On Friday, the United States Court of Appeals for the Fourth Circuit reversed the much-covered nationwide injunction imposed by U.S. District Judge Adam Abelson in Baltimore regarding ending federal support for diversity, equity, and inclusion (DEI) programs. The three-judge panel ruled that Judge Abelson had gone “too far” in seeking to enjoin the federal government across the country. Continue reading ““Too Far”: The Fourth Circuit Reverses Nationwide Injunction on Ending DEI Funding” →

Constitutional Law, Courts, Supreme Court

D.C. Circuit Clears the Way for Trump to Fire Special Counsel

Last week, I wrote a column questioning the legal basis for the opinion by Judge Amy Berman Jackson in favor of fired Special Counsel Hampton Dellinger. It appears that the D.C. Circuit agrees. An appellate panel just permitted the removal of Dellinger just four days after Jackson declared the removal “unlawful.” Continue reading “D.C. Circuit Clears the Way for Trump to Fire Special Counsel” →

Constitutional Law, Courts, Supreme Court

Down But Not Out: The Supreme Court Rules 5-4 Against the Freezing $2 Billion in USAID Funds

In an interesting 5-4 split, the Supreme Court has denied the Trump Administration’s application for a stay of a district court’s temporary restraining order (TRO) against the Administration’s effort to freeze $2 billion in funds from the U.S. Agency for International Development. The Administration is down by one vote but hardly out in the fight with lower courts over the control of this funding. Continue reading “Down But Not Out: The Supreme Court Rules 5-4 Against the Freezing $2 Billion in USAID Funds” →

Columns, Constitutional Law, Courts, Supreme Court

Spoiling for a Fight: Why the Administration’s Loss Last Night May Be Not Just Expected But Welcomed

Late Saturday, D.C. District Judge Amy Berman Jackson ruled that President Donald Trump violated federal law in firing Hampton Dellinger, head of the Office of Special Counsel. Jackson’s decision is forceful, well-written, and challengeable under existing precedent. Indeed, it may have just set up an appeal that both presidents and professors have long waited for to reinforce presidential powers. Continue reading “Spoiling for a Fight: Why the Administration’s Loss Last Night May Be Not Just Expected But Welcomed” →

Courts, Media

“We’re Winning Across the Board”: Raskin Takes a Premature Victory Lap Just Before a Slew of Court Losses

On CBS’s Face the Nation, Rep. Jamie Raskin (D., Md.) repeated the talking point of Democratic politicians and pundits that the courts are stopping President Donald Trump’s lawless actions taken after his inauguration. Raskin declared “we’re winning in court…we’re winning across the board.” The boast was dubious at best on Sunday given earlier losses, but became embarrassing on Monday and Tuesday as additional courts ruled in favor of the Trump Administration in major cases.

Continue reading ““We’re Winning Across the Board”: Raskin Takes a Premature Victory Lap Just Before a Slew of Court Losses” →

Columns, Courts

“Blood, Feces and Terror”: The Trump Pardons Trigger Judicial Rage

Below is my column in The Hill on the furious response of some judges in Washington over the Trump pardons. One judge, however, may have ventured too far in effectively banishing commuted defendants from Washington, D.C. without his prior approval.

Here is the column:

Continue reading ““Blood, Feces and Terror”: The Trump Pardons Trigger Judicial Rage” →

Columns, Courts, Criminal law, Politics

Merchan’s Monster: Judge’s Attempt to Calm the Townspeople Fails Spectacularly in Trump Trial

Below is my column in the New York Post on the statement by Acting Justice Juan Merchan in the sentencing of President-elect Donald Trump. Merchan’s effort to justify the handing of the case sounded like the second defense argument made in the hearing. It likely changed few minds in the court of public opinion.

Here is the column: Continue reading “Merchan’s Monster: Judge’s Attempt to Calm the Townspeople Fails Spectacularly in Trump Trial” →

Constitutional Law, Courts, Free Speech, Religion

Farrakhan and Nation of Islam Lose Major Defamation Case

There is an interesting defamation case out of New York in which the Second Circuit upheld the dismissal of the lawsuit by Louis Farrakhan and the Nation of Islam (NOI) against the Anti-Defamation League (“ADL”) and individual defendants Jonathan Greenblatt, the Simon Wiesenthal Center, and Rabbi Abraham Cooper. Not only did the court reject the claim that canceled speeches resulted from alleged defamatory statements, but it also noted that the statements about NOI are protected opinions. Continue reading “Farrakhan and Nation of Islam Lose Major Defamation Case” →

Columns, Courts, Criminal law, Media, Politics

The Trump Sentencing: Curtain to Fall on Merchan’s Hamlet on the Hudson

Below is my column in the Hill on the sentencing this week of President-Elect Donald Trump in Manhattan. Judge Juan Merchan waited to schedule the hearing for just ten days before the inauguration, limiting the time available to appeal. His order suggests that, if there is any interruption or delay in his sentencing, he might follow the advice of Manhattan District Attorney Alvin Bragg and suspend sentencing for four years, a terrible option that we previously discussed. One could call that passively aggressive, but it seems quite actively aggressive.

Here is the column: Continue reading “The Trump Sentencing: Curtain to Fall on Merchan’s Hamlet on the Hudson” →

Courts, Politics

California Rings in the New Year with New Push to Block Voter Identification

In California, Democrats are ringing in the New Year with a new push against voter identification. California Attorney General Rob Bonta has been hammering Huntington Beach because the city recently amended its municipal laws to require basic voter identification. While voters overwhelmingly support voter identification, Democrats in California recently passed a law making it a crime to ask for voter identification at polling places. Now, Bonta is asking for an appellate court to intervene to prevent Huntington Beach from asking for IDs before people vote.

Continue reading “California Rings in the New Year with New Push to Block Voter Identification” →

Courts, Free Speech, Politics

Minnesota Doctor Wins Key Free Speech Appeal in the Eighth Circuit

Dr. Tara Gustilo won a significant free-speech victory this week before the United States Court of Appeals for the Eighth Circuit against the Hennepin Healthcare System in Minnesota. She was removed from her position after criticizing Black Lives Matter, Critical Race Theory, and certain COVID narratives. An appellate panel rebuked U.S. District Judge Susan Richard Nelson for usurping the function of a jury in assuming facts and failing to apply the correct test for the free-speech claims in the case. Continue reading “Minnesota Doctor Wins Key Free Speech Appeal in the Eighth Circuit” →

Columns, Congress, Courts, Criminal law

The Second Resistance Movement: Why the Campaign Against Trump This Time is Different

Below is my column in The Hill on the growing calls for an organized resistance to the Trump Administration by Democratic governors and prosecutors. They may find, however, that the resistance movement this time around will be facing significant legal and political headwinds.

Here is the column: Continue reading “The Second Resistance Movement: Why the Campaign Against Trump This Time is Different” →

Columns, Constitutional Law, Courts, Media, Politics

Panic Politics: The Press and Pundits Face Devastating Polls on the Threat to Democracy

Below is my column in the New York Post on the growing hysteria among press and pundits proclaiming the imminent end of democracy if Kamala Harris is not elected. The predictions of mass roundups, disappearances, and tyranny ignore a constitutional system that has survived for over two centuries as the oldest and most stable democracy in the world. More importantly, the public appears to agree that democracy is under threat but appear to hold a very different notion of where that threat is coming from.

Here is the column:
Continue reading “Panic Politics: The Press and Pundits Face Devastating Polls on the Threat to Democracy” →

Courts, Society, Supreme Court

Colorado Supreme Court Dismisses Another Lawsuit Against Masterpiece Cakeshop

 

In prior columns, academic articles, and my book, “The Indispensable Right, I discuss the never-ending litigation targeting Jack Phillips, the Christian baker who declined to make cakes that violated his religious beliefs. Phillips continues to be the subject of continuing lawsuits despite the Supreme Court upholding his right to decline to make expressive products for ceremonies or celebrations that he finds immoral. Now the Colorado Supreme Court has dismissed an action brought by a transgender lawyer against the cake shop and its owner. Continue reading “Colorado Supreme Court Dismisses Another Lawsuit Against Masterpiece Cakeshop” →

Res ipsa loquitur – The thing itself speaks