Category: Supreme Court

Columns, Constitutional Law, Religion, Supreme Court

The End is Nigh: Liberal Justices Predict “Chaos” and the Demise of Public Education Without Mandatory LGBTQ Material

Below is my column in The Hill on the ruling in Mahmoud v. Taylor in favor of parents who want to withdraw their children from LGBTQ lessons in public schools. I agreed with the majority, but it was Justice Sonia Sotomayor’s dissent (joined by Justices Kagan and Jackson) that was the most striking in its apocalyptic take on allowing parents to remove their children from these classes. Despite the fact that various opt-outs have been allowed for parents, this one is deemed a threat to the very essence of public education.

Here is the column:

Continue reading “The End is Nigh: Liberal Justices Predict “Chaos” and the Demise of Public Education Without Mandatory LGBTQ Material” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

The Chilling Jurisprudence of Justice Ketanji Brown Jackson

Below is my column in the New York Post on the controversial dissenting opinion of Justice Ketanji Brown Jackson in the injunction ruling in Trump v. CASA on Friday. The opinion seemed to fan the flames of “democracy is dying” claims of protesters, suggesting that basic limits on injunctive relief could result in the collapse of our core institutions. It was a hyperventilated opinion better suited to a cable program than a Court opinion. The response from Justice Amy Coney Barrett was a virtual pile driver of a rebuke. What was notable is that a majority of the justices signed off on the takedown. It could indicate a certain exasperation with histrionics coming from the left of the Court in recent years.

Here is the column: Continue reading “The Chilling Jurisprudence of Justice Ketanji Brown Jackson” →

Constitutional Law, Politics, Supreme Court

The Icarian Gene: The Rise and Fall of the Expert Class

The warning was stark. At issue was a privileged class that has long dictated policy despite countervailing public opinion. At issue, the luminary warned, is nothing short of democracy itself. No, it was not the continued rallies of Sen. Bernie Sanders (I., VT) to “fight oligarchy.” It was Justice Clarence Thomas rallying his colleagues to fight technocracy, or government by experts. He warned against allowing “elite sentiment” to “distort and stifle democratic debate.” Yet, the story is even more profound of an elite class which succumbed to the Icarian gene and fell to Earth due to hubris and excess.

Continue reading “The Icarian Gene: The Rise and Fall of the Expert Class” →

Constitutional Law, Courts, Politics, Supreme Court

The Supreme Court Delivers a Blow to Transgender Cases

Yesterday, the Supreme Court issued its 6-3 ruling upholding a Tennessee ban on transgender medical treatments for adolescents. The ruling has major implications for pending transgender cases, particularly the concurrence of Justice Amy Coney Barrett rejecting the claim that transgender status qualifies as a group entitled to heightened scrutiny under the Constitution.  One of those cases just resulted in a major ruling in Boston against the move by the Trump Administration to restore the binary options of “male” and “female” sex designations on U.S. passports. Continue reading “The Supreme Court Delivers a Blow to Transgender Cases” →

Constitutional Law, Courts, Supreme Court

Is DEI DOA? Supreme Court Unanimously Rejects Added Burden for Whites in Discrimination Lawsuits

Yesterday, the Supreme Court handed down three major cases with unanimous decisions. One, Ames v. Ohio Department of Youth Services, raises additional questions over diversity, equity, and inclusion (DEI) programs that have been widely used in higher education and businesses. There is no reason to believe that DEI measures are DOA, but the decision is likely to accelerate challenges based on reverse discrimination after the Court rejected the imposition of an added burden for members of any “majority group” including straight, white males. Continue reading “Is DEI DOA? Supreme Court Unanimously Rejects Added Burden for Whites in Discrimination Lawsuits” →

Courts, Criminal law, Politics, Supreme Court

Unfinished Business: FBI Moves to Reopen Dobbs Leak Investigation

Dan Bongino, the FBI’s deputy director, has announced that the bureau is reexamining the long-controversial investigations into the leaking of the Dobbs decision, the pipe bombs left on Jan. 6th and the cocaine found at the White House. All three investigations led to speculation over political influences on the unresolved outcome. I am aware of no credible evidence of such influence, but there is reason to hope that this reopening of the investigation into the Dobbs leak could bring accountability for the most egregious violation of ethics in the modern Court’s history.

Continue reading “Unfinished Business: FBI Moves to Reopen Dobbs Leak Investigation” →

Constitutional Law, Courts, Supreme Court

The Eminent Domain Racket: New Jersey Move to Condemn Church Could Put Court in a Pickle

This week, The New York Times reported that the town of Toms River, New Jersey, is moving to condemn the Christ Episcopal Church through eminent domain to build pickleball courts and a park. Church members claim that the move was retaliation for a planned homeless shelter at the site. The case could raise one of the most infamous cases of the modern Supreme Court in Kelo v. City of New London (2005). While some have suggested the possibility of a Kelo 2.0, this may not be the ideal case for such a challenge to the Supreme Court.

Continue reading “The Eminent Domain Racket: New Jersey Move to Condemn Church Could Put Court in a Pickle” →

Constitutional Law, Courts, Supreme Court

St. Isidore Loses By Default: Supreme Court Deadlocks on Major Religious Freedom Case

St. Isidore of Seville may have overcome every obstacle in bringing knowledge and education to the world, but he could not overcome a tie on the Supreme Court. With the recusal of Justice Amy Coney Barrett, St. Isidore of Seville Catholic Virtual School in Oklahoma City lost by default when the Court deadlocked on its constitutional challenge to being denied a charter in favor of secular schools. Tied 4-4, the result is that the lower court ruling stands against the school. Continue reading “St. Isidore Loses By Default: Supreme Court Deadlocks on Major Religious Freedom Case” →

Courts, Lawyering, Politics, Supreme Court

A Judge of Her Peers? Judge Dugan Assigned a Judge Previously Rebuked for Political Comments

Five years ago, I wrote about a federal judge who, in my view, had discarded any resemblance of judicial restraint and judgment in a public screed against Republicans, Donald Trump, and the Supreme Court. The Wisconsin judge represented the final death of irony: a jurist who failed to see the conflict in lashing out at what he called judicial bias in a political diatribe that would have made MSNBC’s Lawrence O’Donnell blush.

His name is Lynn Adelman. Continue reading “A Judge of Her Peers? Judge Dugan Assigned a Judge Previously Rebuked for Political Comments” →

Constitutional Law, Courts, Supreme Court

“A Modest Request”: The Supreme Court Hears Challenge to National or Universal Injunctions

Today, the United States Supreme Court will hear three consolidated cases in Trump v. CASA on the growing use of national or universal injunctions. This is a matter submitted on the “shadow docket” and the underlying cases concern the controversy over “birthright citizenship.” However, the merits of those claims are not at issue. Instead, the Trump Administration has made a “modest request” for the Court to limit the scope of lower-court injunctions to their immediate districts and parties, challenging the right of such courts to bind an Administration across the nation. Continue reading ““A Modest Request”: The Supreme Court Hears Challenge to National or Universal Injunctions” →

Courts, Supreme Court

“An Act of Solidarity”: Sotomayor Calls for Lawyers to “Fight this Fight” in Controversial Speech

Justice Sonia Sotomayor has previously been criticized for making public comments that some viewed as overly political or partisan, including telling law students to organize in favor of abortion rights. This week, the Justice has triggered another controversy in calling for lawyers to “fight this fight,” presumably against the Trump Administration. Continue reading ““An Act of Solidarity”: Sotomayor Calls for Lawyers to “Fight this Fight” in Controversial Speech” →

Constitutional Law, Courts, Supreme Court

Federal Judge in San Francisco Halts All Large-Scale Firings by the Trump Administration

Many of us have been waiting for the arguments on May 15th before the Supreme Court in the birthright citizenship case to see if the justices will put long-needed limits on district courts issuing national injunctions. Critics object that Democratic groups are going to blue states in open forum-shopping to secure such injunctions from favorable judges —  a record number of injunctions for an Administration that only just passed its 100th day mark. Those complaints are likely to only increase after the new order by District Judge Susan Illston in San Francisco. It is arguably the most expansive yet in its scope and assertion of judicial power. Continue reading “Federal Judge in San Francisco Halts All Large-Scale Firings by the Trump Administration” →

Supreme Court

It Appears that Mass Deportations of the Elderly Are Not Being Considered

With all of the coverage yesterday of the heated arguments in Mahmoud v. Taylor, one order of the Court was likely overlooked. It appears that elderly Americans will not be deported as Alien Elderly Americans. At the request of the A.A.R.P., the Court agreed to change the name of A.A.R.P. v. Trump to W.M.M. v. Trump.  Continue reading “It Appears that Mass Deportations of the Elderly Are Not Being Considered” →

Constitutional Law, Free Speech, Religion, Supreme Court

Supreme Court Hears Major Parental Rights Case Over LGBT Readings

Today, the Supreme Court will hear oral arguments on a major parental rights case in Mahmoud v. Taylor, a challenge to Montgomery County (Md.) requiring their children to participate in instruction that includes LGBTQ+ themes. It is a case that could produce sweeping changes across the county as parents object to the use of public schools to advance social and political agendas. These books are being required for children 3-10 years old. The parents have the stronger argument in my view. A ruling in their favor could prove one of the most important victories for parental rights in decades.

Continue reading “Supreme Court Hears Major Parental Rights Case Over LGBT Readings” →

Courts, Supreme Court

The Supreme Court Halts Venezuelan Deportations as the Fourth Circuit Upholds Garcia Order

It has been a busy 24 hours in the courts. Early this morning, the Supreme Court blocked (for now) the deportations of any Venezuelans held in northern Texas under the Alien Enemies Act, a law only used three times before in our history. At the same time, the United States Court of Appeals for the Fourth Circuit upheld the lower court’s order in the case of Abrego Garcia.

Continue reading “The Supreme Court Halts Venezuelan Deportations as the Fourth Circuit Upholds Garcia Order” →

Res ipsa loquitur – The thing itself speaks