Category: Society

Losing The High Ground: Democrats Hit Kavanaugh With Anonymous Allegation Of Sexual Assault From High School

Below is my column in the Hill newspaper on the recent allegation of sexual assault against Judge Brett Kavanaugh and the demand for a delay in his confirmation vote.  Both Kavanaugh and the other man referenced in the anonymous letter have denied the allegations from their high school days.  The reported law professor who contacted Congress appears to want the allegation considered by members but has refused to come forward and said that she did not want to be drawn into the controversy.  If that was her position, Democrats have now done the opposite and leaked the letter’s details and called for a full investigation.  If this is a law professor, it is unclear why she is not willing to come forward with an allegation of a sexual assault.  She clearly thought that the allegation should be raised with Congress but has refused to come forward to substantiate the claims. That leaves Kavanaugh in a grossly unfair position in my view.  UPDATE: Kavanaugh’s accuser has now gone public.

Here is the column:

Continue reading “Losing The High Ground: Democrats Hit Kavanaugh With Anonymous Allegation Of Sexual Assault From High School”

The Spanish Inquisition: Actor Becomes Latest Blasphemy Target In The West

913px-Santo_Domingo_en_oraciónI have previously written about the continued use of blasphemy laws in the West, including Spain and Ireland.  The continued enforcement of medieval concepts of blasphemy as evidenced by the detention of Willy Toledo, who was accused of ridiculing God and the Virgin Mary in court. Toledo is being targeted due to comments made on social media in support of three women who are being prosecuted for blasphemy.   It is chilling to think that an actual judge would hold such a hearing in modern times.  The nation that gave us the Spanish Inquisition still claims the right to imprison people for insulting God.

We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England (here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws as well as blasphemy laws. Continue reading “The Spanish Inquisition: Actor Becomes Latest Blasphemy Target In The West”

Clinton Pushes False Story Against Kavanaugh

225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropHillary Clinton surprisingly tweeted a clearly false allegation against Judge Brett Kavanaugh on Wednesday that had already been widely disproven.  Clinton told followers that Kavanaugh referred to birth control pills as “abortion-inducing drugs.” He didn’t but that does not appear to matter to many spreading this false story, including Clinton.  Clinton said that she wanted to be
“sure we’re all clear about” about Kavanaugh’s comment to “set off a lot of alarm bells.”  It did but not the alarms that she intended.  The false account was first spread by Sen. Kamala Harris (D., Cal.) who received four Pinocchios for the claim from The Washingon Post. Continue reading “Clinton Pushes False Story Against Kavanaugh”

A Bill Comes Due: Susan Collins Faces Rising Demands To Fulfill Her Promise To Vote Against A Presumed Anti-Roe Nominee

440px-Susan_Collins_official_Senate_photoBelow is my column in The Hill newspaper on the rising pressure on Sen. Susan Collins over her vote on Supreme Court nominee Brett Kavanaugh.  There is considerable anger over Collins maintaining that she would never vote for a nominee hostile to Roe v. Wade but refusing to acknowledge the widespread view of Kavanaugh as not only hostile to the reasoning of Roe but appointed by a president who promised only to nominate an anti-Roe justice.  As with Neil Gorsuch, Collins appears inclined to vote for Kavanaugh despite her oft-repeated pledge.   She insists that she is comfortable after Kavanaugh told her that Roe is “settled” law.  However, many have put Collins’ position as falling somewhere between hopeful thinking and willful blindness.  As discussed below, the unsettling thing about settled law is that only five votes make anything truly settled on the Court.

Adding to the political dimension are polls showing that the hearings did not produce a bump for confirmation.  The latest polling shows 38 percent in favor of Kavanaugh and 39 percent opposed. 

Here is the column: Continue reading “A Bill Comes Due: Susan Collins Faces Rising Demands To Fulfill Her Promise To Vote Against A Presumed Anti-Roe Nominee”

GW To Host Annual Supreme Court Review

Supreme CourtI will have the pleasure of participating in the annual Supreme Court review today previewing the upcoming October term.  The other panelists will be former Solicitor General Gregory Garre, NAACP Legal Defense and Educational Fund President and Director-Counsel Sherrilyn Ifill.  Associate Dean (and Supreme Court litigator) Alan Morrison will moderate the panel.

Previewing the Supreme Court’s October Term 2018” will be held in the Jacob Burns Moot Court Room, 2000 H St NW, Washington, D.C. at 9:00.m. Continue reading “GW To Host Annual Supreme Court Review”

British Police Department Calls On Citizens To Report Non-Criminal Offensive or Insulting Comments

download-1We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England (here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech. Now the South Yorkshire police department is making it clear that it does not just want citizens to report crimes but “incidents” involving offensive or insulting comments. This follows an effort to make wolf whistles a crime in England.

Continue reading “British Police Department Calls On Citizens To Report Non-Criminal Offensive or Insulting Comments”

Just Don’t Do It: Burgerville Takes Opposite Approach To NFL On Protests

download-5300px-National_Football_League_logo.svgWe discussed yesterday the decision of the NFL to shelve its policy on anthem protests.  In the meantime, the Burgerville chain has faced the same question and reached a very different conclusion.  Its employees were wearing protest buttons reading “Abolish ICE” and “No One Is Illegal.”  Unlike the NFL which did have guidelines barring such protests, Burgerville had nothing in its rules. However, the chain then formally adopted a non-retroactive rule against such protests or advocacy during work hours for its employees.  It is not clear if any Burgerville employee will now be considered for the next Nike “Just Do It” campaign. Continue reading “Just Don’t Do It: Burgerville Takes Opposite Approach To NFL On Protests”

Just Do It: The NFL Backs Out Of Anthem Policy As Nike Takes A Knee With Kaepernick [Updated]

images-3The opening day has finally arrived for many of us who are football fans.  However, if there was hope to have a season without the highly divisive anthem controversy, those hopes were dashed as the NFL officially announced that it would go forward on its policy against protests during the anthem.  Further fueling the controversy will be Nike’s campaign featuring “Just Do It” ad, narrated by Colin Kaepernick. Nike is referencing Kaepenick’s stand as an example of courage despite the opposition of many football fans. I have previously written about the legal aspects of these protests.

Update:  The Dolphins led the protests today with players kneeling during the anthem. Continue reading “Just Do It: The NFL Backs Out Of Anthem Policy As Nike Takes A Knee With Kaepernick [Updated]”

Democratic Attacks On The Supreme Court Confuse Patterns of Principle with Politics

440px-Sheldon_Whitehouse_2010Below is my column in The Hill newspaper on the Kavanaugh confirmation hearing and the opening statement of Sen. Sheldon Whitehouse attacking the conservatives on the Supreme Court as a virtual ideological cabal.  I have always found Whitehouse an articulate and insightful member of the Congress.  He was not alone in these attacks.  However, I found the attack on the current justices to be unwarranted and distorted.  There is a tendency when you disagree with a decision like Hobby Lobby to conclude that the motivations of the justices must therefore be raw politics.  The possibility that the justices, including Justice Kennedy, are following a coherent jurisprudential view is dismissed in favor of partisanship.

Here is the column: Continue reading “Democratic Attacks On The Supreme Court Confuse Patterns of Principle with Politics”

UNC Professor: Destroying Public Art Like “Silent Sam” Is A Justified And Moral Act

Continue reading “UNC Professor: Destroying Public Art Like “Silent Sam” Is A Justified And Moral Act”

Moore Sues Showtime and Sacha Baron Cohen For Embarrassing Interview

Judge_Roy_MooreFormer Alabama Chief Justice Roy Moore has long been an perpetual litigation machine. Indeed, Moore and his wife appear to have created a cottage industry out of being themselves — getting people to give them huge amounts of money to fight their enemies.  I have been skeptical of these past lawsuits — as well as Moore’s often bizarre conduct.  Now, after the prior lawsuit amounted to nothing, Moore is launching yet another lawsuit. The latest claim is based on Moore’s sitdown with comedian Sacha Baron Cohen for his Showtime series “Who is America?” Essentially, Moore is complaining that he made of fool of himself because Cohen tricked him.  Moore has demanded $95 million in punitive and compensatory damages.  Despite my long admitted aversion to Moore, the complaint does raise some interesting, and unresolved, legal issues. It also presents some risks for Moore himself. Continue reading “Moore Sues Showtime and Sacha Baron Cohen For Embarrassing Interview”

Royal Academy To Celebrate Its 250th Anniversary By Establishing A Gender Quota For Nude Artworks

Gustav_IIIs_visit_to_the_Royal_Academy_of_ArtsI have previously objected to the art field being subjected to quota systems from gender-based selection of directors to replacing art on the basis of the race of the artists to replacing even art critics who are the wrong gender.  Now the Royal Academy will removing nudes from its public collection — not because of the inherent artistic merit but for a superficial policy to have the same number of male and female bodies on display.  Gallery’s director Tim Marlow proudly announced the gender quota for art to start in March 2019 — so if you want to see art presented solely on its inherent artistic merits, you could visit the academy before that date.  This is all to celebrate the 250th anniversary of the Academy with the abandonment of pure artistic selection.

Continue reading “Royal Academy To Celebrate Its 250th Anniversary By Establishing A Gender Quota For Nude Artworks”

The Notorious RBG and the Problem With The Celebrity Justice

download-2Below is my column in The Hill on the continuing promotionals for “The Notorious RBG.”  I have long been a critic of this trend toward celebrity justices and the discomfort over these campaigns is not simply about Ruth Bader Ginsburg.  The culture of the Court is changing and I do not believe it is  changing for the better.

Here is the column:
Continue reading “The Notorious RBG and the Problem With The Celebrity Justice”

Rio Spends Billions On Olympics . . . Then National Museum Burns Due To Lack Of an Adequate Fire Prevention System

2016_Summer_Olympics_logo.svgWe previously discussed the wisdom of Brazil spending billions on the 2016 Olympics when its country was struggling with serious economic and social problems including rampant corruption.  Now, in a loss for the entire world, Rio de Janeiro’s 200-year-old National Museum has been reportedly gutted in a catastrophic fire.  According to reports, the museum has begged the federal government for funding of the aging building, including the need for a fire prevention system. Continue reading “Rio Spends Billions On Olympics . . . Then National Museum Burns Due To Lack Of an Adequate Fire Prevention System”