Category: Supreme Court

Constitutional Law, Criminal law, Politics, Society, Supreme Court

Federal Court Strikes Down Another Provision of New York’s New Gun Control Law

I have previously written about how New York has proven time and time again as the gift that keeps on giving for the National Rifle Association (NRA) and gun-rights groups. New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights. The latest provision involves the possible criminal prosecution for possessing a gun on private property if the owner has not approved such possession on the premises.

Continue reading “Federal Court Strikes Down Another Provision of New York’s New Gun Control Law” →

Constitutional Law, Free Speech, Supreme Court

Supreme Court Takes Jack Daniels Trademark Case with Major Free Speech Implications
Image from Supreme Court Petition

Recently, we saw the filing of a hilarious brief by the Onion in Novak v. City of Pharm in which an Ohio man was prosecuted for posting a parody of his local police department. Now the Court has accepted a different parody case involving Jack Daniels where the company is suing the maker of dog chew toys. The case is Jack Daniel’s Properties Inc. v. VIP Products LLC. Continue reading “Supreme Court Takes Jack Daniels Trademark Case with Major Free Speech Implications” →

Constitutional Law, Courts, Politics, Supreme Court

“When True Democracy Goes Away, People Get Hurt”: Obama Joins Mantra that Democracy is at Risk if GOP Wins

Former President Barack Obama continued the Democratic campaign theme this week in arguing that democracy is in danger if Republicans prevail in the midterm elections. I have a new column out this weekend addressing the over-the-top rhetoric coming from Democratic politicians and pundits. However, the former president’s speech was revealing as he cited the very arguments made by Democrats  . . . as attacks on democracy.  Obama did not go as far as some but he also seemed to channel the dire warnings of the imminent collapse of our democracy if the Republicans should prevail in the elections.

Continue reading ““When True Democracy Goes Away, People Get Hurt”: Obama Joins Mantra that Democracy is at Risk if GOP Wins” →

Columns, Media, Politics, Supreme Court

Censoring in the Name of Free Speech: Publishers and Editors Call for Banning Barrett Book

Below is my column this week on the campaign to block the publication of a book by Justice Amy Coney Barrett. It is all a part of movement of censorship and speech intolerance that has swept across our campuses and news rooms. What is most striking is how these editors and publishers are insisting that they are supporting free speech by silencing others.

Here is the column: Continue reading “Censoring in the Name of Free Speech: Publishers and Editors Call for Banning Barrett Book” →

Constitutional Law, Courts, Politics, Supreme Court, Torts

“Evil Light” or False Light? A Pro-Life California Woman Objects to False Image in Democratic Ad

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. Gavin Newsom, and others. The video was made to support Proposition 1, a pro-choice amendment to the California State Constitution. Macy Petty is a pro-life activist who was falsely portrayed as crying outside of the Supreme Court after its overturning of Roe v. Wade this year.  The video ad was reportedly paid for by the California Democratic Party.

Continue reading ““Evil Light” or False Light? A Pro-Life California Woman Objects to False Image in Democratic Ad” →

Columns, Constitutional Law, Supreme Court

“Bakke to the Future”: Supreme Court Reconsiders Affirmative Action with a Conservative Majority

Below is my column in the Hill on today’s argument in the two college affirmative action cases in Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina.

Here is the column: Continue reading ““Bakke to the Future”: Supreme Court Reconsiders Affirmative Action with a Conservative Majority” →

Academia, Free Speech, Politics, Supreme Court

Writers, Publishers and Editors Call for Termination of Barrett Book Deal in Latest Censorship Campaign

We have been discussing the rising support for censorship on the left in the last few years. Silencing opposing views has become an article of faith for many on the left, including leading Democratic leaders from President Joe Biden to former President Barack Obama. What is most distressing is how many journalists and writers have joined the call for censorship. However, even with this growing movement, the letter of hundreds of “literary figures” this week to Penguin Random House is chilling. The editors and writers call on the company to rescind a book deal with Supreme Court Justice Amy Coney Barrett because they disagree with her judicial philosophy. After all, why burn books when you can effectivelyban them?

Continue reading “Writers, Publishers and Editors Call for Termination of Barrett Book Deal in Latest Censorship Campaign” →

Bizarre, Columns, Congress, Courts, Politics, Supreme Court

“I Got it Passed by a Vote or Two”: Biden’s Latest Bizarre Boast on Student Loans May Come Back to Haunt Him

This weekend, I ran a column on President Joe Biden’s off-base boast that the Supreme Court and a lower court had declared that they are “on Biden’s side” on tuition forgiveness. After the column ran, however, the President claimed that he pushed through the loan forgiveness program through Congress on a narrow margin. That boast is particularly embarrassing because the Administration is in court claiming that he did not need to get congressional approval for the plan. It is likely to be raised by challengers in the next stage of litigation. It also may strangely reflect a moment of clarity in his subconscious mind, a faint recognition of the constitutional principles that he once defended as a United States senator. Continue reading ““I Got it Passed by a Vote or Two”: Biden’s Latest Bizarre Boast on Student Loans May Come Back to Haunt Him” →

Politics, Supreme Court

“He Cares about People”: Sotomayor Praises Thomas As Professors and Pundits Pile on Personal Attacks

We have been discussing personal attacks on conservative justices with figures like Vice President Kamala Harris and Berkeley Law Dean Erwin Chemerinsky  calling them “partisans” and “partisan hacks.” Justices like recently retired Justice Stephen Breyer and the late Ruth Bader Ginsburg pushed back on such attacks on their conservative colleagues as well as calls for court packing. Now, Justice Sonia Sotomayor has defended her colleague and friend Justice Clarence Thomas as a compassionate and caring jurist. Continue reading ““He Cares about People”: Sotomayor Praises Thomas As Professors and Pundits Pile on Personal Attacks” →

Congress, Constitutional Law, Politics, Supreme Court

President Biden Pledges to Codify Roe with Bill that Goes Far Beyond Roe

 

In what was billed as a major address yesterday by the White House, President Joe Biden declared that, if the Democrats prevail in the midterm elections, “here’s the promise I make to you and the American people: The first bill I will send to the Congress will be to codify Roe v. Wade. And when Congress passes it, I’ll sign it in January, 50 years after Roe was first decided the law of the land.” As previously discussed, the bill being referenced by the President and Democrats is not a codification of Roe v. Wade, but rather a significant expansion of the precedent. Biden also returned to his claim that the right can be based entirely on the Ninth Amendment. Continue reading “President Biden Pledges to Codify Roe with Bill that Goes Far Beyond Roe” →

Constitutional Law, Courts, Supreme Court

Turley Speaks to the 2022 Ohio Judicial Conference

Today I have the honor of speaking to the judges and lawyers in the 2022 Ohio Judicial conference on the Supreme Court in Columbus, Ohio.  I will be discussing the last year of cases and controversies for the Court from leaks to threats as well as the recent and upcoming decisions.

Continue reading “Turley Speaks to the 2022 Ohio Judicial Conference” →

Constitutional Law, Courts, Politics, Supreme Court

“Badly Misses the Point”: Post Columnist Hits Roberts after his Defense of the Court’s Integrity

Last week, I had the honor of addressing the judges and staff of the United States Court of Appeals for the Tenth Circuit. Chief Justice John G. Roberts Jr. also spoke at the conference and I was in attendance when he made his comments defending the legitimacy of the Court. Those comments took on added significance when, the following day, Vice President Kamala Harris lashed out at the justices as “activists” and questioned the integrity of the Court. Now, Washington Post columnist Ruth Marcus has criticized Chief Justice Roberts as missing the point in his defense of the Court. I wanted to briefly respond on why the column replicates the historical and legal flaws of the Harris comments.

Continue reading ““Badly Misses the Point”: Post Columnist Hits Roberts after his Defense of the Court’s Integrity” →

Constitutional Law, Supreme Court

Vice President Kamala Harris Slams “Activist” Supreme Court

On Meet the Press, Vice President Kamala Harris denounced the conservatives on the Supreme Court as “activists” due to their decision to overturn Roe v. Wade. She objected that the decision ignored decades of precedent and “we are suffering as a nation because of it.” The common attack on the integrity of the justices is beneath the office of the Vice President and only legitimates the unfair attacks on these justices who are fulfilling their oath to uphold what they believe are the dictates of the Constitution (as did their colleagues in dissent in Dobbs).

Continue reading “Vice President Kamala Harris Slams “Activist” 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” →

Res ipsa loquitur – The thing itself speaks