Category: Politics

Yankee Doodling the Media: How ‘Let’s Go Brandon’ Became a Rallying Cry Against News Bias

Below is my column in The Hill on the growing “Let’s Go, Brandon” movement, which is a unique response to what many people view as a bias media. It is the modern equivalent of the adoption of “Yankee Doodle Dandy” by colonists in using what was a contemptuous expression as a rallying cry of defiance.

Here is the column: Continue reading “Yankee Doodling the Media: How ‘Let’s Go Brandon’ Became a Rallying Cry Against News Bias”

Florida Homeowner Fined For Displaying “Let’s Go Brandon” and Pro-Trump Banners on Home

There is an interesting constitutional fight brewing in Florida. I have a column out today on the “Let’s Go, Brandon” movement. Marvin Peavy is part of that movement and displayed a banner with the chant (with a pro Trump banner) from his home in Seagrove Beach, Florida. He is now facing a $50 a day fine for violating an ordinance against such banners. He has pledged to continue to fight the enforcement. The question is whether the ordinance is constitutional. Continue reading “Florida Homeowner Fined For Displaying “Let’s Go Brandon” and Pro-Trump Banners on Home”

The Supreme Showdown: Bruen Has The Makings of a Major Second Amendment Victory

On Wednesday, the Supreme Court will take up arguably the oldest and most controversial right in our history. New York State Rifle Association v. Bruen is the first major gun rights case in over ten years to come before the Supreme Court and it has the makings of a major gun rights victory in the making. Continue reading “The Supreme Showdown: Bruen Has The Makings of a Major Second Amendment Victory”

AAUP Journal Solicits Papers on Conservative Intolerance on Campuses

The number of republican, conservative and libertarian faculty members have plummeted at most schools in the last twenty years. Many top law schools have only a couple conservative faculty members and we have discussed the startling increase in attacks on faculty, trustees, and students (including student publications, editors and columnists) over dissenting views on subjects ranging from critical race theory to police abuse. Nevertheless, the American Association of University Professors’ Journal of Academic Freedom is calling for papers on intolerance on campuses but only by conservatives. The call seems to be an effort to come up with a narrative to deflect from the complaints over the rising orthodoxy and intolerance on our campuses.

Continue reading “AAUP Journal Solicits Papers on Conservative Intolerance on Campuses”

Roe Roulette: Biden Administration Takes a Gamble with Emergency Appeal of Texas Abortion Law

Below is my column in the Hill on today’s argument in Whole Woman’s Health v. Jackson and United States v. Texas on the request for an emergency injunction in Texas to block the state’s controversial abortion law. The merits of the law are not at issue in the questions presented today but the decision to push for an injunction comes with some risks for the Biden Administration. [Update: Justice Brett Kavanaugh suggested in oral argument that he might be open to changing existing precedent to allow for injunctions of court clerks to block the Texas law].

Here is the column: Continue reading “Roe Roulette: Biden Administration Takes a Gamble with Emergency Appeal of Texas Abortion Law”

“Can We Try To Kill This?” The McAuliffe Campaign Responds to Turley Column With Bizarre Question

(MSNBC/via YouTube)

 Yesterday I wrote about reports that Virginia Democratic gubernatorial candidate Terry McAuliffe’s campaign retained the services of former Clinton counsel Marc Elias. The hiring was astonishing not only because of Elias’ controversial record but a still ongoing special counsel investigation touching on his role in the last election. Elias has challenged past elections and I raised the question of whether he might be part of post-election challenges. When Fox News asked the McAuliffe campaign, the response was . . . well . . . a killer. Continue reading ““Can We Try To Kill This?” The McAuliffe Campaign Responds to Turley Column With Bizarre Question”

Terry McAuliffe Hires Controversial Ex-Clinton Lawyer Marc Elias

(MSNBC/via YouTube)

As a long-standing associate of the Clintons, Virginia Democratic gubernatorial candidate Terry McAuliffe has long ties with the Democratic establishment. That history was placed into sharp relief this week when he made a hefty down payment on the services of former Clinton counsel Marc Elias.  Elias is a critical figure in the ongoing Durham investigation and has been accused of lying to the media to hide the role of the Clinton campaign in funding the Steele dossier. His former law partner Michael Sussmann at Perkins Coie was recently indicted by Durham.  Elias has also led efforts to challenge Democratic losses, even as he denounces Republicans for such election challenges.  Elias has been sanctioned in past litigation.

Continue reading “Terry McAuliffe Hires Controversial Ex-Clinton Lawyer Marc Elias”

Biden’s “Come on, Man” Defense Will Not Fly on Religious Freedom

Below is my column on the President’s dismissal of any objections to the Covid vaccine and his call for mass firings of first responders who remain defiant. The comments reflect a growing call for states and the federal government to reject any religious exemptions for vaccination.

Here is the column: Continue reading “Biden’s “Come on, Man” Defense Will Not Fly on Religious Freedom”

Federal Court Rules In Favor of UNC in Use of Race in Admissions

Many observers are waiting for the United States Supreme Court to decide whether to delve again into college admissions with a pending case out of Harvard University in which Asian and white students claim discrimination. We have been following that case for a couple years. However, there is a new ruling out of North Carolina that could present another opportunity for the Court to revisit the issue. Judge Loretta C. Biggs of the U.S. District Court for the Middle District of North Carolina just ruled that UNC can use race criteria to guarantee a “critical mass” of minority students in its classes. Both cases could offer the Court an opportunity to clarify its conflicted affirmative action rulings on college admissions. Continue reading “Federal Court Rules In Favor of UNC in Use of Race in Admissions”

An Educational Tonkin Gulf? The NSBA Apologies for the Letter that Triggered the Controversial Federal Operation

Engagement in the Gulf of Tonkin

We recently discussed the controversy following the letter of the National School Boards Association (NSBA) asking the Justice Department to investigate parents causing disruptions or making threats at school board meetings. The letter included a reference to using the Patriot Act against possible domestic terrorism. Attorney General Merrick Garland responded a few days later with an order to the entire Department of Justice to monitor school board meetings around the country and coordinate a response with local officials. Now the NSBA has issued an apology.  The question is whether Garland will now rescind or amend his much criticized memo. It has the feel of an educational version of the Gulf of Tonkin incident. Should we reconsider our deployment in light of the false premise that triggered the escalation of hostilities? Continue reading “An Educational Tonkin Gulf? The NSBA Apologies for the Letter that Triggered the Controversial Federal Operation”

Attorney General Garland and the “Unobstrusive” Federal Monitoring of School Board Meetings

In the 1946 move, “Terror by Night,” Sherlock Holmes assures Lady Margaret that, while he and Dr. Watson would be hanging around, “we’ll be as unobtrusive as possible.” Lady Margaret correctly responds “That would be a novelty from a policeman.” That scene came to mind when Attorney General Merrick Garland testified in Congress to assure members that he does not believe that parents protesting at school board meetings are domestic terrorists. He insists that there was nothing to be worried about because the FBI would simply be monitoring what these parents say or do at school meetings. Promises of such “unobtrusive” investigations or operations ignore the obvious: any national enforcement or monitoring effort is by definition obtrusive, particularly when it comes to free speech.

Continue reading “Attorney General Garland and the “Unobstrusive” Federal Monitoring of School Board Meetings”

Berkeley Physicist Resigns After Colleagues Block UChicago Professor from Speaking at Science Event

We recently discussed the cancelling of Dorian Abbot, an associate professor of geophysical sciences at the University of Chicago, who was prevented from speaking at the Massachusetts Institute of Technology (MIT). The reason was not the merits of his scientific work but his opposition to Diversity, Equity and Inclusion (DEI) programs. Now, a climate physicist at Berkeley has resigned in protest of his colleagues also blocking Abbot from speaking. Professor  David Romps said in a Twitter thread that he resigned as director of the Berkeley Atmospheric Sciences Center rather than participate in such censorship of a fellow academic. With many academics fearful of the backlash over supporting free speech or academic freedom, Romps’ resignation was an increasingly rare profile in courage. Continue reading “Berkeley Physicist Resigns After Colleagues Block UChicago Professor from Speaking at Science Event”

Joe Biden and the Disappearing Elephant: How to Make a Full-Sized Scandal Vanish in Front of an Audience of Millions

This week marked the anniversary of one of the greatest political tricks in history: the disappearance of Hunter Biden scandal. New emails were released that added new details to what was a raw influence peddling operation that netted millions from foreign sources. A new tranche of emails connecting President Joe Biden to key accounts proves just how this political sleight of hand was worthy of Houdini. After all, Houdini only made an elephant disappear. The Bidens made the equivalent to an entire circus disappear in front of an audience of millions. Continue reading “Joe Biden and the Disappearing Elephant: How to Make a Full-Sized Scandal Vanish in Front of an Audience of Millions”

“What Should We Be Doing Differently?”: CNN Conducts Bizarre Interview with Former Clinton Lawyer Marc Elias

Lawyer Marc Elias has been much in the news lately for his role in funding the Steele dossier, which is a subject of the investigation of Special Counsel John Durham. That investigation just resulted in the indictment of Elias’ former partner at Perkins Coie, Michael Sussman, for lying to federal officials in spreading the Alfa Bank conspiracy theory. Sussman worked with Elias in representing the Clinton campaign. Yet, CNN’s Brian Stelter did a long interview with Elias on how to improve the media without asking him about the investigation or public accusations by reporters that Elias and the Clinton campaign lied to them about their funding of the dossier. It appears that improving the election coverage does not include telling the truth to the media. Instead, Elias objected that the media was not slanted enough toward his work, which he described as “pro-democracy.”

Continue reading ““What Should We Be Doing Differently?”: CNN Conducts Bizarre Interview with Former Clinton Lawyer Marc Elias”

Locked and Loaded: Supreme Court is Ready for a Showdown on the Second Amendment

Below is my column in the Hill on the makings of a blockbuster case in New York State Rifle & Pistol Association Inc. v. Bruen, the first major gun rights case before the Supreme Court in ten years.  Justices have been openly discussing a case to push back on lower courts that have been chipping away at its Second Amendment jurisprudence. They found that case with a strikingly familiar plaintiff.

Here is the column: Continue reading “Locked and Loaded: Supreme Court is Ready for a Showdown on the Second Amendment”

Res ipsa loquitur – The thing itself speaks