Congressional Democrats blocked an effort to introduce a constitutional amendment to bar the Court’s expansion, with many members reiterating their demand to pack the Court to create an instant liberal majority. The Democrats insisted the Court is broken and no longer legitimate because of partisan rulings they want reversed by a packed Court. Ironically, the vote came with the release of the latest Harvard-Harris polling showing that Congress itself is still the least respected institution, while the Supreme Court holds higher approval than either the White House or Congress. Continue reading “Supreme Irony: Congressional Democrats Seek to Reform Institution That is More Popular Than They Are”
Category: Supreme Court
The Administration won a major victory before the Supreme Court this week, securing a 5-4 decision allowing the resumption of construction of the new White House ballroom. Notably, Chief Justice John Roberts wrote a dissent with his three liberal colleagues to oppose the move. The case turns on the standing of challengers to bring the case. However, as a torts professor, what intrigued me was what the case says about aesthetic injuries. Continue reading “Eye of the Beholder: Aesthetic Injury and the White House Ballroom”
On NBC’s “Meet the Press,” Rep. James Clyburn (D-SC) added his voice to expand the Supreme Court to a “baker’s dozen,” or thirteen members to allow Democrats to add justices who agree with him and Democratic members on how the law must be interpreted. In the meantime, as discussed earlier, court packing is being pushed as the new litmus test for any Democratic candidates. Clyburn’s “baker’s dozen” is a telling description of an effort to bake in partisan views on a Court expanded to create an instant liberal majority. In defending this hostile takeover of the Court, Clyburn bizarrely insisted that the failure to do so might lead to a return to antebellum conditions when blacks were being given fewer rights than whites. Continue reading “Clyburn Calls for Packing the Court with “Baker’s Dozen” to Flip Cases”
Below is my column in The Hill on the latest controversy from the chambers of Judge Indira Talwani. While the court could be upheld in halting the executive order on mail-in balloting in this case, Talwani is one of a number of jurists who have been habitual blockers of executive reforms and policies. Talwani has been criticized in the past as something of a one-stop option for forum-shoppers. Her record reaffirms the rationale for justices in using the emergency docket, or so-called “shadow docket,” to deter gaming the system.
Here is the column: Continue reading “The Long Shadow of Judge Indira Talwani”
University of Pennsylvania Professor Michael Mann is the Vice Provost for Climate Science, Policy, and Action and has pushed candidates to commit to major environmental reforms. Notably, he seemed to pivot in an interview with Peter Dominick on a podcast last week, calling for all Democratic candidates to face a litmus test on committing to pack the Supreme Court: promise to pack or get the sack. It is only the latest example of how the hostile takeover of the Court is now the priority for many Democrats in removing a barrier to a radical agenda.
There is a disturbing controversy in Northern Virginia where Jessica Walton alleges that she went to Karimi Salon in Alexandria to get her eyebrows trimmed, only to be pushed out of the salon after the owner, Fatana Karimi, learned that Walton is Israeli. The incident raises a prior issue discussed on this blog: the right of business owners to refuse service based on political or religious beliefs as a matter of free speech. Walton posted a full account and a video on social media. Karimi, however, may not have a constitutional claim to defend against a discrimination complaint. Continue reading “Browbeaten: Woman Forced Out of Virginia Salon Over Her Support for Israel”
Below is my column in The Hill on the announcement from Justice Samuel Alito that he is sticking around. Even a cursory review of the docket explains why Alito is not eager to depart despite the wishful thinking of folks at National Public Radio.
Here is the column: Continue reading “Sam Alito is Locked and Loaded . . . and He is Not Going Anywhere”
Kamala Harris is again promising the radical wing of her party that she will pack the Supreme Court. Pete Buttigieg and others have done the same to pander to the extreme left. These calls are increasing among Democratic leaders despite a recent poll showing that the Court remains the more popular institution vis-à-vis Congress, and that the majority of Americans agree with its major decisions. Continue reading “Harris Renews Calls to Pack the Court Despite Poll Showing Most Americans Agree with Court’s Decisions”
Below is my column in The Hill on the latest spin from the left to convince Americans to abandon core constitutional institutions and values as part of a radical agenda in the upcoming elections. Those who defend our traditions, on the 250th anniversary of our Republic, are now being accused of being “nostalgic” rather than progressive. It is a nostalgia that will take on a truly tragic element if professors, pundits and politicians are successful in this effort.
Here is the column: Continue reading “Democrats Dismiss Our Constitutional Traditions as ‘Nostalgia’”
This week, the Hawaii Supreme Court just issued a truly shocking opinion that unleashed a torrent of rage and recrimination against the majority of the United States Supreme Court, including suggesting that they are de facto racists. The opinion by Justice Todd W. Eddins is devoid of judicial restraint and decorum. The fact that other justices would join in such an unhinged screed is a disgrace to the court and the Hawaii bar. Continue reading “No Mahalo for You: Hawaii Supreme Court Issues Unhinged Screed Denouncing the U.S. Supreme Court”
With the recent decision in Trump v. Slaughter affirming the right of presidents to fire members of the “independent” commissions, President Donald Trump took out the newly recognized power for a spin by removing the members of the Election Assistance Commission (EAC). He removed the commissioners over their failure to implement voter identification and security policies. The question now is how the EAC will operate as a zombie commission without active commissioners. It turns out that this is not the first time that the EAC has been devoid of living members, though critics are likely to say that the EAC has always been moribund.
Below is my column in Fox.com on the recent decision of Pennsylvania Governor Josh Shapiro to join the ranks of Democrats calling for packing the Supreme Court. It is a disappointing moment for many of us who hoped that Shapiro could offer a moderate voice in the upcoming elections, resisting the rise of socialists and communists in his party. Instead, he proved to be just another politician thinking of the next election rather than the next generation. Continue reading “The Fall of Josh Shapiro: Pennsylvania Governor Collapses on the Political Waterfront”
To paraphrase Mark Twain, Justice Samuel Alito’s retirement has been “much exaggerated.” Yesterday, my phone exploded with calls from reporters about the scoop by NPR’s Nina Totenberg that Alito had retired. As someone who has covered the Court for 30 years and was in the midst of covering yesterday’s opinions for Fox News, it was enough to trigger a panic attack. I had been told that Alito had selected his clerks for the next term and was not retiring. Then NPR issued a retraction that Totenberg was wrong and Alito was still showing signs of judicial life. It turns out that it came down to the perils of pluralization for the press.
Below is my column in the New York Post on the historic ruling in Trump v. Slaughter, reinforcing the authority of presidents in managing the executive branch. After more than 90 years, Humphrey’s Executor is dead and Trump’s legacy is established on the expansion of presidential powers. The other winner is President Franklin D. Roosevelt who was right all along: he had the right to fire William E. Humphrey (right) as a commissioner of the Federal Trade Commission in 1933.
Here is the column:
Democrats are renewing their calls to pack the Supreme Court with an instant liberal majority once they retake power. Rep. Seth Moulton (D., Mass.), who is facing a complaint over an alleged assault of a reporter, demanded the packing of the Court due to its decision to allow President Donald Trump to rescind Temporary Protected Status (TPS). Other members have joined the effort, citing the reversal of immigration decisions as the reason for eviscerating one of the most important institutions in our country. Continue reading “Democratic Members Call for Packing the Supreme Court to Reverse Immigration Decisions”