According to a new Gallup poll, the Supreme Court has fallen to the lowest point in four years in approval despite a term marked by a long list of unanimous and non-ideological decisions. In perhaps the best evidence that the Court is getting it right, all sides seem equally frustrated with the Court.
There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. The decision in 303 Creative LLC v. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. I have previously written that I view these controversies as best addressed as free speech rather than free exercise cases. The Tenth Circuit decision reaffirms a growing conflict among the circuits and offers an especially strong case for the Court to consider such a major reframing of such conflicts. Continue reading “Tenth Circuit Rules Web Designer Must Create Site For Same-Sex Marriage”
Below is my column in The Hill newspaper on the renewed calls for the investigation of Justice Brett Kavanaugh. The often over-heated coverage however omits key factual and legal context for a new report.
Here is the column:
A few weeks ago, I testified in the House Judiciary Committee on the surveillance of journalists in a long series of scandals from the Bush to the Obama to the Trump to the Biden Administrations. These scandals have occurred with almost seasonal regularity. There was a rare sense of bipartisanship in the hearing as both parties called for investigation and new legislation to address this ongoing problem. However, there has been a notable silence among members and the media after Tucker Carlson went public with an allegation that his emails were not just intercepted by the National Security Agency (NSA) but that they were shared with members of the press by intelligence officials. Now, there appears confirmation that the communications were mentioned on intercepts and, as some of us assumed early in the coverage, Carlson was “unmasked” by Biden Administration officials. Yet, the response continues to be crickets from the media and members of Congress. Continue reading “Report: Biden Administration Officials “Unmasked” Tucker Carlson”
Below is my column in The Hill newspaper on the sudden announcement from President Joe Biden that he does not support the elimination of the filibuster. It only took six months.
Here is the column:
There was an unnerving conversation between between Biden White House Communications Director Kate Bedingfield and MSNBC host Mika Brzezinski that shows how much ground has been lost on principles of free speech. In an exchange on Morning Joe, Brzezinski asks Bedingfield why Biden has not completed his promised review of Section 230 and create an avenue to held social media companies “accountable in a real way” for spreading “misinformation” about vaccines. Brzezinski ignores not only the constitutional implications of such a move but ignores how such an approach would eviscerate free speech and free press rights. Equally chilling is the response. Bedingfield agrees and assured Brzezinski that the Biden Administration believes these companies should be held accountable for allowing others to voice doubts or dissenting opinions on such questions.
Below is my column on the expanding role of corporations as surrogates for the federal government. The White House is openly calling for greater corporate action to address censorship, health care, and other issues. That call is being supported by a growing list of Democratic members, journalists, and academics who have discovered the advantages of shared corporate governance.
Here is the column: Continue reading “The Shadow State: Embracing Corporations As Surrogates For Government Action”
We have previously discussed the extensive censorship programs maintained by Big Tech, including companies like Twitter and Facebook taking sides in major controversies from gender identification to election fraud to Covid-19. The rise of corporate censors has combined with a heavily pro-Biden media to create the fear of a de facto state media that controls information due to a shared ideology rather than state coercion. That concern has been magnified by demands from Democratic leaders for increased censorship, including censoring political speech, and now word that the Biden Administration has routinely been flagging material to be censored by Facebook. Continue reading “White House Admits to Flagging Posts For Facebook”
House Majority Whip Jim Clyburn, D-S.C., received the ignoble distinction of four Pinocchios for his claim that Democrats have never opposed voter ID laws. A couple weeks ago, various Democratic leaders pivoted on their long objections to voter ID laws as the “new Jim Crow” laws, including Stacey Abrams. The Post’s Glenn Kessler wrote “On the face of it, it seems absurd. After all, Clyburn has long been a foe of voter ID laws passed in his own state.”
As many on this blog are aware, I have long been an advocate of public education and we feel deeply fortunate to have sent all four of our kids to public schools in Alexandria and McLean in Fairfax County. I still have one child in the Fairfax system. I was therefore shocked like many Fairfax parents to see the videotape of Michelle Leete, Vice President of Training at the Virginia PTA, Vice President of Communications for the Fairfax County PTA and First Vice President of the Fairfax County NAACP as she lashed out against those who oppose critical race theory and identity divisional lessons in school. What was even more unnerving is the applause from other parents to her “let them die” declaration. Continue reading ““Let Them Die”: Fairfax PTA and NAACP Officer Under Fire For Attack On Parents Who Oppose CRT [Updated]”
Dr. Leana Wen, CNN analyst and Distinguished Fellow at the Fitzhugh Mullan Institute of Health Workforce Equity at George Washington University, has caused a stir due to her recent declaration on CNN that “it needs to be hard for people to remain unvaccinated.” With France implementing a mandatory “health pass” and private companies like Morgan Stanley requiring vaccinations for employees to return to work, we can expect more protests and challenges around the world. Those cases are likely to focus on whether mandatory requirements are based on medical or political imperatives. Wen’s comment is likely to be repeated in many filings as another case of “saying the quiet part out loud.” She appears to advocate measures defined to coerce people to take vaccinations due to the continuing refusal of a sizable number of people. Continue reading ““It Needs To Be Hard For People To Remain Unvaccinated”: Making The Case For Covid Challenges”
We have been discussing the movement in journalism to discard out-dated notions of objectivity and define journalism as a form of advocacy. Now, Lauren Wolfe, the recently fired freelance editor for the New York Times, has not only gone public to defend her pro-Biden tweet but published a piece titled “I’m a Biased Journalist and I’m Okay With That.” It is a full-throated endorsement of the new journalistic model of open bias and advocacy. Indeed, Wolfe may have only been undone by her expressly declaring bias as opposed to reflecting bias in her writings.Continue reading “Former New York Times Editor: “I’m a Biased Journalist and I’m Okay With That.””
Below is my column in The Hill on the rise of a generation of censors with attacks on both academic freedom and free speech throughout our educational system. This trend has reached law schools, which is ominous since these students are the future judges and lawyers who are expected to defend these core principles.
Here is the column: Continue reading “The Rising Generation of Censors: Law Schools are the Latest Battleground Over Free Speech”
Polling in the United States and internationally is showing a sharp increase in support for socialism among young people. Support for capitalism is waning as a new generation embraces views of collective economic policies and programs. Two hundred years after the birth of Karl Marx, his views are now coming back into vogue despite a long history of economic failures in socialist countries. Continue reading “Das Kapital, Dude: Polling Shows Sharp Rise In Support For Socialism Among The Young”
Below is my column in the Hill on a series of cases that appear propelled by political rather than legal considerations. The costs to the legal system, the public, or victims in such cases are often overlooked but they are considerable.
Here is the column: