Category: Supreme Court

Columns, Congress, Constitutional Law, Courts, Supreme Court

Democrats Dismiss Our Constitutional Traditions as ‘Nostalgia’

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’” →

Constitutional Law, Courts, Politics, Supreme Court

No Mahalo for You: Hawaii Supreme Court Issues Unhinged Screed Denouncing the U.S. Supreme Court

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” →

Congress, Politics, Supreme Court

Slaughter Leaves Zombie Commission: Trump Fires Election Assistance Commissioners After Major Ruling

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.

Continue reading “Slaughter Leaves Zombie Commission: Trump Fires Election Assistance Commissioners After Major Ruling” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

The Fall of Josh Shapiro: Pennsylvania Governor Collapses on the Political Waterfront

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” →

Bizarre, Media, Supreme Court

The Perils of Pluralization: NPR Retracts Nina Totenberg Scoop on Alito Retirement

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.

Continue reading “The Perils of Pluralization: NPR Retracts Nina Totenberg Scoop on Alito Retirement” →

Columns, Constitutional Law, Courts, Supreme Court, Uncategorized

A New Deal for Presidents? Supreme Court Overturns Humphrey’s Executor and Reaffirms Executive Power

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:

Continue reading “A New Deal for Presidents? Supreme Court Overturns Humphrey’s Executor and Reaffirms Executive Power” →

Congress, Politics, Supreme Court

Democratic Members Call for Packing the Supreme Court to Reverse Immigration Decisions

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” →

Columns, Courts, Supreme Court

Going “All In”: The Supreme Court Delivers Major Wins for the Administration on Immigration Enforcement

Below is my column on Fox.com on the two immigration decisions yesterday from the Supreme Court. One of the cases turned on a Clintonesque debate of what the meaning of “in” is. In the end, however, the Court went “all in” with executive authority over immigration policy.

Here is the column: Continue reading “Going “All In”: The Supreme Court Delivers Major Wins for the Administration on Immigration Enforcement” →

Constitutional Law, Courts, Politics, Supreme Court

The Burden of History: Justice Jackson’s Curious Call to Overturn Bruen
Constitutional Law, Courts, Politics, Supreme Court

Drinking the Court-Packing Kool-Aid: Buttigieg Joins the Calls to Take Over the Supreme Court

Former Transportation Secretary Pete Buttigieg apparently got the message this week that he cannot hope to win the Democratic nomination without promising radical measures, including the packing of the Supreme Court. After denouncing the current Court as “rogue” for not ruling as the left has demanded, Buttigieg endorsed the plan of Democrats like Sen. Elizabeth Warren to pack the Court to reverse adverse constitutional interpretations.

Continue reading “Drinking the Court-Packing Kool-Aid: Buttigieg Joins the Calls to Take Over the Supreme Court” →

Constitutional Law, Courts, Politics, Supreme Court

Locked and Loaded: Spanberger Inadvertently Makes Case for Striking Down New Gun Ban

Virginia Gov. Abigail Spanberger is reportedly “fuming” this week after the state failed to get a single justice on the Supreme Court to support her after she violated the state constitution in her attempted gerrymandering of the state. However, Spanberger may have just guaranteed another trip to the Supreme Court when she said the quiet part out loud about the new state gun ban. Continue reading “Locked and Loaded: Spanberger Inadvertently Makes Case for Striking Down New Gun Ban” →

Academia, Constitutional Law, Society, Supreme Court

Former Georgetown Admissions Officer Discusses Use of Essays to Circumvent Affirmative Action Rulings

The key to surreptitious workarounds is to keep them surreptitious.

That may be the case for Georgetown University, which just had one of its former admissions officers acknowledge efforts to circumvent the Supreme Court’s rulings against the unconstitutional use of race in college admissions. Continue reading “Former Georgetown Admissions Officer Discusses Use of Essays to Circumvent Affirmative Action Rulings” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

“Baseless and Insulting”: Three Justices Chastise Jackson for a “Groundless and Utterly Irresponsible” Dissent

Since her appointment by President Joe Biden, Supreme Court Justice Ketanji Brown Jackson has quickly developed a radical and chilling jurisprudence. Her often sole dissents and accusatory rhetoric have drawn not just the ire of her conservative colleagues but her liberal colleagues. This week, that tension deepened with a stinging rebuke from Justice Samuel Alito (joined by Justices Clarence Thomas and Neil Gorsuch). Continue reading ““Baseless and Insulting”: Three Justices Chastise Jackson for a “Groundless and Utterly Irresponsible” Dissent” →

Columns, Constitutional Law, Courts, Society, Supreme Court

Colorblind Constitution: The Roberts Court Ends a ‘Sordid Business’

Below is my column in the Hill on the decision in Louisiana v. Callais and the false narrative that the Supreme Court majority was motivated by the midterm elections. The case barring racial gerrymandering was the capstone of years of opinions from figures from Chief Justice John Roberts, Clarence Thomas, Samuel Alito and others to restore a colorblind constitution.

Here is the column:

Continue reading “Colorblind Constitution: The Roberts Court Ends a ‘Sordid Business’” →

Columns, Congress, Constitutional Law, Courts, Politics, Supreme Court

Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate”

Below is my column on Fox.com on House Minority Leader Hakeem Jeffries declaring the Supreme Court “illegitimate.” It is a statement that has dangerously moved beyond the mere hyperbolic as Democrats push to pack or even eliminate the Court.

Here is the column: Continue reading “Contempt of Court: Hakeem Jeffries Denounces the Supreme Court as “Illegitimate”” →