In the age of rage, it often seems that the most rageful reign supreme. That appears to be the case of Emory law professor, Darren Hutchinson, who has claimed that the late Supreme Court Justice Antonin Scalia was “basically a Klansman.” The disgraceful attack was met by silence from most law professors despite the fact that Hutchinson’s support for the claim is breathtakingly off-base and would mean that a majority of the Court in 1986 were basically KKK members. Continue reading “Emory Law Professor Denounces the Late Antonin Scalia as “Basically a Klansman””
Category: Supreme Court
Justice Ketanji Brown Jackson just secured a major book deal from Random House. The book, entitled “Lovely One,” is aptly named given the sharp contrast to the reception to the book deal given to her colleague, Amy Coney Barrett. Barrett’s book, also with a Random House company, was opposed by publishers and editors including over 50 who publicly claimed to be working at Penguin Random House companies. She was deemed a persona non grata by editors who wanted to prevent readers from reading about her own personal views and history. Continue reading ““Lovely One”: Justice Jackson Given Book Deal With a Notable Difference From Her Colleague Justice Barrett”
The United States Court of Appeals for the Fifth Circuit has handed down a major opinion in Cargill v. Garland, No. 20-51016, ruling 13-3 that the ATF ban on bump stocks is unlawful. The en banc decision found that a bump stock may be many things but it is not a machine gun. Continue reading “Set for a Supreme Showdown? The Fifth Circuit Rejects Bump Stock Ban In Contrast to Other Circuits”
On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. School Board of St. Johns County, Florida. The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex. Given the countervailing decision of the Fourth Circuit in G.G. v. Gloucester County, there is now a conflict in the circuits that could prompt a Supreme Court review. The Court expressly stated that it was not ruling on this question in its 2020 decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020).
Continue reading “Eleventh Circuit Rejects Transgender Student’s Challenge to Bathroom Policy”
This evening, the Supreme Court issued an order in the Title 42 case that stayed the nationwide vacatur issue by Emmet G. Sullivan. The 5-4 decision by Chief Justice Roberts prompted a dissent from Justice Neil Gorsuch who once again showed his independence in voting with his liberal colleagues. Indeed, the order was a classic example of the pragmatist (Roberts) and the purest (Gorsuch) going head to head. The case will now be heard in oral argument in February 2023 and, in the interim, the “Remain in Mexico” policy will remain in place. The order embodies what Gorsuch previously warned was a “holiday” of legal principles during the Covid crisis. Continue reading “The Pragmatist Versus the Purist: Supreme Court Stays Title 42 Order on “Remain in Mexico””
I am speaking today in Florida on the Supreme Court. The speech to general counsels and legal counsels at corporations is being held on Amelia Island. In addition to a timely escape from the winter blues, this island offers long pristine beaches filled with sea shells and breathtaking views.
Continue reading “Turley Speaks in Florida on Supreme Court”
Below is my column in the New York Post on the campaign to get Justice Amy Coney Barrett to recuse herself from 303 Creative LLC v. Elenis due to her religion. The demand is entirely without merit but it is illustrative of the unrelenting and unhinged attacks on this distinguished jurist. Previously, Democratic senators demanded Barrett’s recusal from pending cases on similarly frivolous grounds. Barrett remains the obsession for many on the left from campaigns to ban her books to protests at her home. She has done nothing to warrant such continual and personal attacks.
Here is the column:
Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. Continue reading “No Joke: Supreme Court Case Could Take a Big Bite Out of the First Amendment”
Recently, the fashion company Balenciaga actively sought public recognition for its severing of ties with Twitter. The move came early in the campaign against Elon Musk for attempting to restore free speech protections on the site. Now, Balenciaga is under fire for an advertising campaign featuring children with Teddy Bears in BDSM outfits. As part of its effort to deflect claims of sexualizing children, the company is filing a $25 million lawsuit against the producers of the ad campaign. The filing is particularly interesting because it focuses not as much on the BDSM or bondage bears being marketed by Balenciaga, but the inclusion the image of a child pornography court ruling. The company, however, could face some significant legal challenges over its own role in the campaign. Continue reading “Balenciaga’s Bondage Bears: Company Sues Over the Inclusion of Supreme Court Opinion in Ad Campaign”
As families gather this year for our annual holiday feast, there remain many things for all of us to give pause and thanks for in our lives. Our friends, family, and faith remain central to this holiday. So is our freedom. Despite economic, political, and social problems, we remain a free and prosperous nation committed to core values of individual rights and self-determination. Indeed, more than any year, there is particular reason to give thanks to the most besieged and resilient part of our constitutional system: the courts. Despite attacks from the left and right, our court system remains a bulwark against political impulse and excess. The Supreme Court in particular has faced unrelenting attacks ranging from a reprehensible leak to an attempted assassination of a justice to calls for court packing. It has stood its ground just as James Madison and other Framers had hoped in their original design of our constitutional system.
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”
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”
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.
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”
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.