Justice Brett Kavanaugh is accustomed to unrelenting personal attacks from the left that began with his nomination to the Court. This week, however, the ad hominem insults came not from cable programs but a colleague. Justice Sonia Sotomayor used an appearance at the University of Kansas School of Law to level a personal dig at Kavanaugh as an out-of-touch elitist. Continue reading “Contempt of Court: Justice Sotomayor Suggests Justice Kavanaugh is an Uninformed Elitist”
Category: Supreme Court
Colorado’s tourism slogan, “it’s our nature,” has a menacing meaning for free speech advocates. Colorado is now arguably the most anti-free speech state in the union, pushing an array of measures attacking those with opposing social and political views. The irony is that the state has proved a bonanza for free speech with spectacular legal failures that reaffirmed rather than restricted the First Amendment. Now, the Democratic legislature and governor are back with new unconstitutional measures, including a requirement that lawyers not share information with federal immigration officials as a condition for filing with state courts. Continue reading ““It’s Our Nature”: Colorado Doubles Down on New Assaults on the First Amendment”
Former Vice President Kamala Harris is rallying Democratic donors to oppose “additional justices” that might be nominated by President Donald Trump “before they happen.” Harris is heralding the fundraising by Josh Orton, president of the dark-money group “Demand Justice” (made infamous for its campaign to get Justice Stephen Breyer to resign). Demand Justice has pushed a radical agenda, including court packing.
Justice Ketanji Brown Jackson is again warning of a growing threat to the nation. In her lone dissent in Chiles v. Salazar, Jackson observed that “to be completely frank, no one knows what will happen now.” The ominous tone stemmed from the fact that free speech had prevailed over state-imposed orthodoxy in a Colorado case. Eight justices, including her two liberal colleagues, ruled that Colorado could not prevent licensed counselors from “any practice or treatment” that “attempts or purports to change” a minor’s sexual orientation or gender identity. Continue reading ““No One Knows What Will Happen Now”: Justice Ketanji Brown Jackson Warns Against Unbridled Free Speech “
I have previously written about D.A. v. Tri-County Area Schools, one of the worst free speech decisions to come out of the appellate courts in years. In this case, the United States Court of Appeals for the Sixth Circuit upheld a school ban on high school students wearing “Let’s Go Brandon” sweatshirts. Sixth Circuit Judge John Nalbandian was joined by Judge Karen Nelson Moore in a deeply flawed holding that, under the “vulgarity exception,” the action was constitutional. The Supreme Court needs to grant review in this case and reverse this obnoxious decision. Continue reading “Supreme Court Asked to Hear “Let’s Go Brandon” Case”
Below is my column on Fox.com on the new push by Democrats to impose a wealth tax nationally. While the proposal currently focuses on billionaires, this legislation would be a test case for the federal courts in asserting this new and unlimited tax authority. If allowed, Congress would then be able to set any wealth level for special taxation. At the same time, Democrats in states from Washington to Virginia are moving to impose a ten percent millionaire’s tax on income.
Here is the column: Continue reading “Eat the Rich: Sanders and Khanna Introduce Federal Billionaires Tax”
The Supreme Court on Monday issued an important order on its shadow docket in Mirabelli v. Bonta. The court granted an emergency appeal filed on behalf of Catholic parents by the Thomas More Society, blocking a state law that barred parental notification that their children had changed their gender identity. Continue reading “Supreme Court Delivers Key Victory for Parental Rights in California”
As Democrats plan for the possible takeover in the midterms and 2028 election, they are already openly discussing their push for radical changes in our political system, including packing the Supreme Court to guarantee that those changes are allowed. Many are also pledging trials, impeachments, and investigations of anyone who supported President Donald Trump in a purging of politics and government. The latest to join the revenge purge pledge is Susan Rice, Democratic powerbroker and top policy adviser to both President Barack Obama and Joe Biden. Continue reading ““It’s Not Going to End Well for Them”: Susan Rice Joins Call for a Revenge Purge After Democrats Re-Take Power”
The early reviews of Rage and the Republic are in! In a few days, books (including an audiobook) will be shipped out and on the shelves of bookstores by February 3. Simon & Schuster is releasing the book to coincide with the 250th anniversary of the Declaration of Independence.
Below is my column in The Hill on the refusal of many to consider all of the facts in the shooting of Renee Good in Minneapolis. The myopic analysis of press and pundits shows how the tragedy is being weaponized for political purposes.
Here is the column:
Continue reading “The ICE Elephant: Why the Law Requires All the Facts”
As I discussed in yesterday’s coverage of the oral arguments in Trump v. Slaughter, the argument went poorly for those who sought to sustain the 90-year-old precedent in Humphrey’s Executor, limiting a president’s power to fire members of independent commissions. It seems unlikely that Humphrey’s Executor will live to see 91 after Chief Justice John Roberts called it “just a dried husk.”
As is increasingly becoming the case, Justice Ketanji Brown Jackson stole the show with some of her comments on her view of the underlying constitutional issues. She suggested that “experts” in the Executive Branch generally should not be subject to termination by a president. It is a virtual invitation for a technocracy rather than a democracy. Continue reading “Humphrey’s Estate and Jackson’s Experts: Justice Offers Surprising View of the Separation of Powers”
English novelist Robert Smith Surtees once said, “There are three sorts of lawyers – able, unable, and lamentable.” That view was never truer than this month as the United States Supreme Court hears from a lawyer who may be more controversial than the underlying case. In an election case that will require at least two conservative justices to join their liberal colleagues, the Democratic National Committee (DNC) picked one of the most polarizing and controversial attorneys in the country: Marc Elias. Continue reading “Marc Elias to Make Controversial Appearance as DNC Counsel Before the Supreme Court”
California was once known as the destination for anyone seeking a fortune, from the Gold Rush to Hollywood. The image of a line of wagon trains heading West has now been replaced by a line of U-Hauls heading anywhere but California. Unable to stem the exodus, California is again toying with retroactive taxes — targeting the wealthy regardless of whether they flee the state. Welcome to Hotel California, “you can check out any time you like, but you can never leave.” Continue reading “Welcome to Hotel California: Democrats Push Retroactive Billionaire Tax” 
In a significant win for the Trump Administration, the United States Supreme Court issued an opinion on Thursday afternoon on the Trump Administration’s requirement that passport holders use their sex assigned at birth and that such requirements do not violate equal protection guarantees. While a brief, unsigned opinion issued on the interim docket, it represents a major ruling on the constitutional protections afforded to transgender individuals. Continue reading “Supreme Court Issues Major Opinion on Transgender Identity and the Trump Passport Policy”
The oral argument yesterday on the Trump tariffs was fascinating as justices struggled with the knotty question of whether a president has the sweeping authority claimed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA). The justices were skeptical and uncomfortable with the claim of authority, and the odds still favored the challengers. However, there is a real chance of a fractured decision that could still produce an effective win for the Administration.
Continue reading “The Supreme Court Hears the Trump Tariff Case: Time for Plan B?”