Category: Supreme Court

Academia, Bizarre, Constitutional Law, Politics, Supreme Court

Rhodes Alumni Launch Campaign to Remove Justice Barrett from School’s Hall of Fame
Rhodes College

The petition by an alumni group at Rhodes College is seeking to remove Supreme Court Justice Amy Coney Barrett from the school’s “Hall of Fame” due to her vote in the Dobbs decision overturning Roe v. Wade. The petition accuses Barrett of violating the school’s honor code by testifying untruthfully in her confirmation hearing. In reality, the letter engages in gross misrepresentations of her testimony in the latest attack on her character and honesty. It is a letter that should be condemned by people regardless of their view of reproductive rights.  The letter also declares Justice Barrett to be a threat to democracy because she holds opposing views on constitutional interpretation. Continue reading “Rhodes Alumni Launch Campaign to Remove Justice Barrett from School’s Hall of Fame” →

Media, Supreme Court

Vox Senior Editor Fantasizes Over the Death of Justice Alito

The rising threats against Supreme Court justices has been one of the most startling elements in our age of rage.  When Nicholas John Roske was arrested for the attempted murder of Brett Kavanaugh, many of the left were muted in their response and one group went ahead with a campaign to offer a bounty for any information of a conservative justice’s location in public– with an added payment if there is time for a mob to find them at the location. Yet, Vox senior correspondent Ian Millhiser seemed to cut to the chase by penning an obituary for Supreme Court Justice Samuel Alito. With people trying to kill justices, there seemed no concern how such  a “prewritten obituary” might fuel the fatal obsession of someone like Roske in our society. Continue reading “Vox Senior Editor Fantasizes Over the Death of Justice Alito” →

Courts, Politics, Supreme Court

Gallup: Supreme Court Overall Approval Slightly Improves After Recent Rulings

A new Gallup poll shows some interesting insights into the approval of the Supreme Court after its major rulings on abortion, guns, and other issues. The overall approval of the Supreme Court at 43 percent actually increased three points. While within the margin of error, it was up from last year’s 40% popularity. The poll comes after the surprising comments of Justice Elena Kagan that the Court may be losing legitimacy by bucking public opinion on issues like abortion. Continue reading “Gallup: Supreme Court Overall Approval Slightly Improves After Recent Rulings” →

Academia, Columns, Free Speech, Supreme Court

Justice Thomas’ Withdrawal Exposes The Growing “Unavailability” of Diverse Opinions in Higher Education

Below is my column in USA Today on the withdrawal of Associate Justice Clarence Thomas from the faculty at George Washington University. The announcement merely said that Justice Thomas was now “unavailable” to teach. While the decision is being celebrated by both GWU and across the Internet, it is only the latest blow to free speech and the struggle to preserve a diversity of viewpoints in higher education. When the university announced earlier that it would not fire Thomas, I wrote a piece expressing doubt about how that victory would play out in the future to protect free speech on campuses. The cessation of teaching the course only magnifies those concerns. Such withdrawals raise the concern over the “unavailability” of a diversity of thought in higher education.

Here is the column: Continue reading “Justice Thomas’ Withdrawal Exposes The Growing “Unavailability” of Diverse Opinions in Higher Education” →

Congress, Constitutional Law, Supreme Court

“Rebalance the Bench”: Democrats Introduce Sweeping Changes for the Supreme Court

Democratic members have continued their unrelenting attacks on the Supreme Court and its conservative majority. This week, Senate and House members have introduced a bill to impose term limits, regularized confirmation schedules, and other changes. In introducing the legislation, Sen. Sheldon Whitehouse (D., R.I.), Rep. Hank Johnson (D., Ga.), and others have left no question that this is just the latest effort to change the balance of the Court in favor of a liberal majority. Such comments make the bill seem like little more than legislative graffiti. Continue reading ““Rebalance the Bench”: Democrats Introduce Sweeping Changes for the Supreme Court” →

Constitutional Law, Politics, Supreme Court

The Court of Public Opinion: Justice Kagan Suggests that the Court is Losing Legitimacy by Being Out of Step with Public Opinion

Supreme Court Justice Elena Kagan made a curious and concerning comment this week about how the Supreme Court’s legitimacy depends on the consistency of its judicial opinions with public opinion. It was a comment that seemed consistent with the criticism of Sen. Elizabeth Warren (D., Mass.) that the Court was improperly departing from “widely held public opinion.” Warren used the complaint to justify her call for raw court packing to produce an instant liberal majority. I am frankly astonished by the statement of Justice Kagan which runs against the entire purpose of the Court as, at times, a countermajoritarian institution designed to follow the constitution rather than the polls.

Continue reading “The Court of Public Opinion: Justice Kagan Suggests that the Court is Losing Legitimacy by Being Out of Step with Public Opinion” →

Academia, Constitutional Law, Politics, Supreme Court

“Offer Large Sums of Public Money”: Law Professor Calls for Congress to “Buyout” Conservative Justices

Critics of the Supreme Court have tried every means to change the balance or decisions of the Court from threats of impeachment to harassing justices at homes or restaurants.  Some of these reckless measures have been encouraged by law professors, including a Georgetown law professor who encouraged more “aggressive” measures targeting the justices.  Now, Seton Hall Law Assistant Dean Brian Sheppard has called for Congress to “buyout” justices by offering them “large sums of money.” If needed, he suggests that President Joe Biden could scrape up the dough to prompt justices to cash in and get out.

Continue reading ““Offer Large Sums of Public Money”: Law Professor Calls for Congress to “Buyout” Conservative Justices” →

Columns, Constitutional Law, Politics, Supreme Court

“Be Aggressive and Go All the Way”: Abortion Could be Headed Back to the Supreme Court

Below is my column in the Hill on how the next round of post-Roe litigation is coming into sharper focus. At the center of this fight will be the question of who controls doctors in any given state.

Here is the column:

Continue reading ““Be Aggressive and Go All the Way”: Abortion Could be Headed Back to the Supreme Court” →

Columns, Constitutional Law, Society, Supreme Court

Democrats’ Second Amendment ‘Syndrome’ Plan: Plotting the Next Big Fight over Gun Rights

Below is my column in the Hill on the next round of litigation over the Second Amendment. New York and other states quickly moved to exploit the concurrence of Justice Brett Kavanaugh (who was joined by Chief Justice John Roberts) that state officials believe contains a loophole for greater gun limitations based not on the weapons but the places where they can be taken.

Here is the column:

Continue reading “Democrats’ Second Amendment ‘Syndrome’ Plan: Plotting the Next Big Fight over Gun Rights” →

Columns, Constitutional Law, Politics, Supreme Court

Invasion or Evasion? Crisis at the Border is a Political, not a Constitutional Problem

Below is my column in the Hill on the effort to declare an “invasion” along the Texas border to allow the state to take greater control along the border to stem the flow of illegal immigrants. This week, Texas Gov. Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S. border. The Biden Administration has already indicated that it will oppose such efforts. Whether such state enforcement is constitutional will be hashed out in the courts in light of the 2012 decision in Arizona v. United States.  Texas can legitimately raise the obligations of the federal government to protect the border under Article IV and even refer to this influx as an invasion in the colloquial sense. However, the argument that it constitutes an invasion in the constitutional sense would not be a compelling argument in federal court.

Here is the column:

Continue reading “Invasion or Evasion? Crisis at the Border is a Political, not a Constitutional Problem” →

Columns, Constitutional Law, Politics, Supreme Court

Doubting Thomas: Why The Failure to Cancel a Supreme Court Justice May Not Mean Much for Other “Contingent” Faculty

Below is my column in the New York Post on the recent cancel campaign targeting Associate Justice Clarence Thomas. It was always doubtful that a law school would take the unprecedented step of barring a sitting Supreme Court justice. However, the decision to stand with free speech and academic freedom was still a refreshing departure from the trend toward increasing viewpoint intolerance and orthodoxy. The problem is that most targets of these campaigns have neither the status nor the day job of a Supreme Court justice. Most do not have the option of securing a seat on the Supreme Court to guarantee their free speech and academic freedom. For every Thomas, there are a thousand other “contingency professors” who have little protection or expectation in the current intolerant environment.

Here is the column:

Continue reading “Doubting Thomas: Why The Failure to Cancel a Supreme Court Justice May Not Mean Much for Other “Contingent” Faculty” →

Academia, Bizarre, Constitutional Law, Politics, Supreme Court

Georgetown Law Professor Rosa Brooks: The Problem is the Constitution Which Enslaves Us

Georgetown University Law School Professor Rosa Brooks has drawn accolades and criticism for her appearance on MSNBC’s “The ReidOut” after declaring that Americans are “slaves” to the U.S. Constitution and that the Constitution itself is now the problem for the country. Continue reading “Georgetown Law Professor Rosa Brooks: The Problem is the Constitution Which Enslaves Us” →

Constitutional Law, Politics, Supreme Court

The Supreme Court Marshal Calls on States To Crackdown on Protesters

In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov. Larry Hogan, Montgomery County Executive Marc Elrich, and Virginia Gov. Glenn Youngkin demanding that authorities put an end to picketing and “threatening activity” outside the homes of SCOTUS justices. The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. If the letter prompts arrests, we could see a major free speech challenge in the courts. The timing of the letter, however, is particularly interesting and may reflect a recognition of the limits of the federal law.

Continue reading “The Supreme Court Marshal Calls on States To Crackdown on Protesters” →

Congress, Constitutional Law, Politics, Supreme Court

Crisis of Faith: Politicians and the Press Escalate Attacks on the Legitimacy of the Supreme Court

Below is my column on the growing attacks on the legitimacy of the Supreme Court after the decision to overturn Roe v. Wade. As the Court ends its term, Democratic leaders are calling for removing justices, packing the Court, and other extreme reactions to the decision in Dobbs v. Jackson Women’s Health Organization.

Here is the column:

Continue reading “Crisis of Faith: Politicians and the Press Escalate Attacks on the Legitimacy of the Supreme Court” →

Columns, Constitutional Law, Politics, Society, Supreme Court

What to Expect in a Post-Roe World

Below is my Hill column on what to expect in a post-Roe world. That world is already taking shape with states crafting their laws reflecting the values of their citizens from Colorado passing a law protecting the right to abortion up to the moment of birth to Louisiana banning all abortions except in limited circumstances. The fact is that most Americans are in the middle in this debate with more nuanced views than many political leaders. In the months to come, we will see if that view will prevail in the majority of states.

Here is the column:

Continue reading “What to Expect in a Post-Roe World” →