Jeremy Bentham once said that “lawyers are the only persons in whom ignorance of the law is not punished.” We will see, apparently, in a case in Mississippi. At age 70, Lisa White is looking at a possible stint in prison after allegedly threatening to shoot Immigration and Customs Enforcement (ICE) agents.
Continue reading “Mississippi Lawyer Charged with Criminal Threat Against ICE Officers”
Sen. Sheldon Whitehouse, D-R.I., has added schoolyard taunts to his call to pack the Supreme Court with an instant liberal majority. Last week, Whitehouse denounced former President Joe Biden and other Democrats for being “too chicken” to pack the Court and, in the view of many of us, destroy the institution that has been critical to the success of this Republic for 250 years. Continue reading “A Game of Chicken? Whitehouse Taunts Biden and Other Democrats For Being Too “Chicken” to Pack the Court”
Below is my column in The Hill on an important case currently before the Supreme Court on the free press and the ability to protect confidential sources. The underlying facts may seem like something out of The Onion: an accused Chinese operative and PLA Colonel who was viewed as a national security risk is successfully using the Privacy Act to get a respected journalist to reveal her confidential sources. However, it is very serious and, unless the Court reviews the case, investigative journalism in the United States could suffer a debilitating blow with little more than a shrug from the courts. Continue reading “Supreme Showdown: Investigative Reporter and Accused Chinese Operative Face Off in Press Freedom Case”
Today the Supreme Court will hear arguments in a major case pitting privacy advocates against media companies. By any measure, Salazar v. Paramount Global is a blockbuster case in the making. At issue is the use of viewing habits by companies offering free subscriptions and material to the public. These companies make money by then using that history for tailored marketing programs. Michael Salazar is arguing that a Blockbuster-era law should prevent such sharing of his viewing history, a ruling that would have a massive impact on media and entertainment companies.
There are certain dates that have become a regular feature in American life. In February, the Sandhill Cranes return to the Platte River in Tennessee. In March, the swallows return to San Juan Capistrano…and in October, the protesters have returned to Hupper Island, the summer vacation home of Chief Justice Roberts. Continue reading ““Kayak-tivists” Target the Home of Chief Justice Roberts in Maine in the Latest Protests”
Yesterday, Supreme Court Justice Samuel Alito recused himself from one of the term’s most important cases: Suncor Energy Inc. v. County Commissioners of Boulder County. As I have previously discussed, the case involving the liability of energy companies for nuisance actions tied to climate change could have sweeping implications for the country. Justice Alito should be commended for avoiding even the appearance of a personal interest or a conflict in the case. However, the controversy should prompt the Court to explore a longstanding problem for justices in holding financial interests that can conflict with their duties. The solution is simple: justices need to use blind trusts. Continue reading “Justice (and Justices’ Investments) Should Be Blind: The Alito Controversy Raises Persistent Problem on the Court”
Below is my column in The Hill with a preview of the coming October Term at the Supreme Court. It already has the making of another “big year” on the Court.
Here is the column:
Rep. Madeleine Dean (D-PA) has been struggling with other members of the Democratic establishment to appease the far-left radicals in her party. Last week, she insisted that she was not concerned about the rising socialist movement in her party. Sixty-five percent of Democratic voters now support socialism and a shocking 60% would support a military coup. Now Dean is throwing the Supreme Court to the mob, declaring that the institution is “corrupted,” the common claim of court-packers to justify a hostile takeover of the Court. She has joined an ignoble list of politicians who choose personal power over our constitutional principles.
Hawaii has long been open about its hostility to Second Amendment rights, joining New York, Illinois, and other states that have proven to be fonts of litigation before the courts. Ironically, these states have proven a bonanza for gun rights advocates in triggering a series of massive losses before the Supreme Court and the expansion of protections under the Second Amendment. On the heels of a major loss before the Court in Wolford v. Lopez over its “Vampire Law,” the state (and the Ninth Circuit) are back again with a new controversy over the permissible limitations or regulations that can be placed on gun ownership. To paraphrase Jerry Maguire, it also seems that gun control advocates always have the Ninth Circuit at “Mahalo.” Continue reading “You Had Me at Mahalo: Ninth Circuit Upholds Latest Gun Restrictions Out of Hawaii”
Many of us are gearing up with columns previewing the Court’s October term and have highlighted the upcoming arguments over bans on AR-15s and semiautomatic weapons out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins). In a recent column, Professor Rory Little suggests that these cases will strike at what he considers a glaring flaw in the Heller decision that recognized the individual right under the Second Amendment. Professor Little repeats a common claim about Heller that some of us have challenged. I wanted to briefly address that controversy again. Continue reading “Second Shot at the Second Amendment: Could Heller Be Undone by an Errant Qualifier?” 
The Trump Administration is rushing to prepare for a fight that few knew was coming after President Donald Trump banned Politico, CNN, and MS NOW from the White House for spreading “fake news.” I understand the President had been planning this step for over a year, but he announced it with little notice to his staff. What will follow could be one of the most consequential fights over press rights in decades… and the odds are against the President. Continue reading “Fake News or Viewpoint Discrimination: Can the President Ban Disfavored Media?”
Below is my column in the New York Post challenging the narrative of the Supreme Court as hopelessly ideologically divided. As the Court heads into the October Session, it remains a court of consensus on the vast majority of cases. While this false narrative is central to the push to pack the Court, the statistics belie the claims of critics.
Here is the column: Continue reading “Unpacking the Narrative: The Supreme Court Remains a Court of Consensus”
Yesterday, I had the pleasure of speaking at the Constitution Day event at James Madison University about “Rage and the Republic.” and various constitutional issues. During the event, organized by the James Madison Center on Civic Engagement, one student asked me what I would change about the U.S. Constitution. I said that I would amend the Constitution to eliminate birthright citizenship, as have other nations who once followed this ill-considered practice. Well, Sen. Rand Paul (R., Kentucky) has wasted no time. He just reintroduced his bill to ban birthright citizenship. Continue reading “Sen. Paul Introduces Birthright Citizenship Amendment”
Below is my column in The Hill on the declaration of Gov. Gavin Newsom that he is now officially “evolving.” However, unlike more modest objectives like opposable thumbs over eons, Newsom wants to accomplish a full transformation in one election cycle to appeal to the surging far left of his party. It is a cautionary tale for Democrats who want their party to reposition toward the political center.
Here is the column:
One of the cases that I have been following as we approach the October term of the Supreme Court is Calce v. New York, a case challenging New York’s ban on stun guns. While it is important not to overplay the significance of the order, some justices clearly want to hear more on the case before deciding whether to grant a writ of certiorari for review. New York City was just ordered to file a response to the petition. With the two other major Second Amendment cases on the docket, a review in Calce could be one of the most impactful Second Amendment terms in decades. Continue reading “A Stunning Case in the Making? The Supreme Court Orders New York to Respond in Second Amendment Case”