Category: Politics

Columns, Constitutional Law, Politics

Destroying a Democracy to Save it: Democrats Call for the Disqualification of Dozens of Republican Members

Below is my column in The Hill on the continued calls to disqualify Republican members of Congress to prevent them from running for reelection. What is maddening is that Democratic groups and commentators are seeking to remove as many as 120 Republicans from the ballots in the name of democracy. It is like burning books in the name of literacy. Yet, on this anniversary of the January 6th riot, members of Congress and Democratic groups want to block voters from reelecting their preferred representatives. Like villages in Vietnam, it appears that some members and activists believe that you have to destroy democracy to save it from itself.

Here is the column:

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Columns, Constitutional Law, Courts, Politics, Supreme Court

Tick, Tick, Tick…: The Supreme Court Readies an Explosive Docket for 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Major decisions on abortion and gun rights are expected by June 2022. Even with Chief Justice John Roberts denouncing attempts at “inappropriate political influence” on the Court, the threats of Court packing and other measures are likely to become even more shrill as these decisions rollout in the new year.

Here is the column: Continue reading “Tick, Tick, Tick…: The Supreme Court Readies an Explosive Docket for 2022” →

Columns, Politics

“A Scandal Free Biden Administration”: The Media Celebrates a Year of Free From Political Scandal and Press Scrutiny

With the conclusion of the first year of the Biden Administration, White House Chief of Staff Ron Klain sought to end on a high, or at least higher, note by retweeting a column saying that 2021 was not “all bad.” It was like bragging that a first date told you that the evening could have been worse. However, what really stood out in the column by Albert Hunt was the key rationale: the first year was “scandal free.” Calling 2021 “scandal free” is not merely an example of blinkered commentary, it is an  exercise of willful blindness. This is why magicians often make audience members part of the illusion. Houdini did not actually make his 10,000 pound elephant Jennie disappear. It was there the whole time but the audience did not want to see it. That’s the trick. Continue reading ““A Scandal Free Biden Administration”: The Media Celebrates a Year of Free From Political Scandal and Press Scrutiny” →

Congress, Constitutional Law, Courts, Politics

“Inappropriate Political Influence”: Chief Justice John Roberts Responds to Threats Against the Court

Chief Justice John Roberts used his year-end report on New Year’s Eve to denounce the threats being made against the Court and its members by Democratic politicians and groups, including threats to pack the Court to force an immediate liberal majority. Roberts referred to such threats as efforts to exercise “inappropriate political influence” on the Court in contravention of our constitutional values and traditions. Continue reading ““Inappropriate Political Influence”: Chief Justice John Roberts Responds to Threats Against the Court” →

Criminal law, Politics

Justice Department Drops Prosecution of Epstein Guards After Maxwell Conviction

In a surprising move the day after the conviction of Jeffrey Epstein’s girlfriend Ghislaine Maxwell, the Justice Department dropped all charges against the two guards on duty the night of his death. The filing of a nolle prosequi notice just before New Year’s Eve (and just after the verdict) immediately rekindled long-standing conspiracy theories that Epstein was killed rather than committed suicide in his cell on August 9, 2019. Putting such theories to the side, the filing raises a host of other questions, including the basis and motive of bringing the charges in the first place.

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Constitutional Law, Free Speech, Politics

New York Considers Legislation to Curtail Free Speech in the Name of Democracy

The great civil libertarian Justice Louis Brandeis once warned that “the greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” New York State Democrat Senator Brad Holyman is one of those “men of zeal.” With the approaching anniversary of the Jan. 6th riots, he has proposed a new law that would legislate an even greater level of censorship to prevent the “social media amplification” of views that are deemed harmful or “disinformation.”  It is only the latest example of our “whatever it takes” politics.

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Constitutional Law, Courts, Politics, Supreme Court

“Dire” for Democracy? New York Mag Columnist Decries the Popularity of Chief Justice Roberts
Media, Politics, Torts

Ashley Biden’s Diary: Will The FBI Raid The New York Times?

The Christmas Eve order for the New York Times to return confidential legal material from the conservative publication, Project Veritas, has led many to decry the imposition of a “prior restraint” on the media. I joined in expressing those concerns about courts preventing a news publication and then ordering the return of material sent by a source. That issue will be now be addressed in the courts. One question, however, remains:  when will the FBI raid the home of New York Times publisher, A.G. Sulzberger? Continue reading “Ashley Biden’s Diary: Will The FBI Raid The New York Times?” →

Congress, Politics

“Whatever it Takes” Politics: Biden Reverses His Earlier Support of the Filibuster Rule

We recently discussed how Democratic members and staffers are now repeating the same phrase that they will push through immigration reform, spending bills, and other items “by any means necessary.” That includes packing the Supreme Court and sacking nonpartisan staffers like the Senate Parliamentarian. President Joe Biden has now joined the movement by casting aside prior principles that he long defended to achieve his own agenda. He told ABC anchor David Muir that he is reversing his position on the filibuster and would support its curtailment in order to federalize election rules. It is part of what the President now says is a strategy to muscle through the legislation by “whatever it takes.”

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Academia, Media, Politics

“Now Hypocritically Cry Foul”: The Boston Globe Issues Correction of Laurence Tribe Column on Texas Abortion Law

Professor Laurence Tribe has lashed out at conservatives for years, claiming that disinformation is a Republican tool that “prefigures the advent of fascist authoritarianism and the death of liberty.” While Tribe has been repeatedly criticized for false statements and conspiracy theories, newspapers continue to run dubious takes on the law and politics. However, there is a clear line between false and frivolous claims. The latter problem was brought to my attention by readers who noted that Tribe made a false claim about my prior writings. The Tribe column claimed hypocrisy for a column in which I took the very opposite (and consistent) position on the Texas abortion law. Tribe also used the alleged hypocrisy to embrace his own hypocritical position on the laws. It is enough to give you vertigo.

Continue reading ““Now Hypocritically Cry Foul”: The Boston Globe Issues Correction of Laurence Tribe Column on Texas Abortion Law” →

Columns, Criminal law, Politics

Biden’s Praetorian Guard? The Ashley Biden Investigation Raises New Questions Over the Use of the FBI

Below is my column in The Hill on the continued FBI investigation into the loss of Ashley Biden’s diary. The use of the FBI in the case raises, again, the question of whether federal officials are being used to address a family scandal.

Here is the column:

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Criminal law, Politics

Exodus: Philadelphia Prosecutors Are Leaving Larry Krasner in Droves

There is an astonishing exodus afoot from the office of Philadelphia District Attorney Larry Krasner, one of the prosecutors who took office on criminal reform platforms in recent years. Krasner has been criticized for his denial of any crime wave in the city despite other Democratic leaders complaining of the rising lawlessness (culminating this week with the carjacking of Rep. Mary Gay Scanlon at gunpoint ). The Philadelphia Inquirer reports Krasner’s office has lost 261 attorneys out of a staff of 340, including 70 prosecutors hired under his tenure.  The office is described as in disarray with largely young, recent law school graduates carrying out the priorities and policies of Krasner.

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Academia, Politics

Michigan School District Under Fire For “Equity Challenge” That Includes Joining BLM Protests

The Farmington Public School District in Michigan is under fire this week for a direct call for students to join a Black Lives Matter political protest and declaring that calling America “the land of opportunity” is a microaggression. Continue reading “Michigan School District Under Fire For “Equity Challenge” That Includes Joining BLM Protests” →