Category: Uncategorized

The License to Leak: How Years of Attacks on the Court Created a “By Any Means” Mentality

Below is my column in the Hill on the leaking of the draft opinion on abortion from the Supreme Court. While lionizing the leaker, media and political figures have ratcheted up their rhetoric to “burn down the Court” or to pack it with reliable liberal votes. Because these pundits disagree with the constitutional interpretation, they are now suggesting that the entire institution is illegitimate.

Slate’s Dahlia Lithwick wrote “we need to be focusing on the legitimacy of the court itself” while CNN’s chief political analyst Gloria Borger suggested that the Supreme Court Justices were “just a bunch of politicians in robes.” Historian Jon Meacham declared “If you had any reservations about the system’s capacity to deliver justice, they have just been affirmed.” Because the Court has adopted an opposing constitutional interpretation, we are once again deluged from calls ranging from packing the Court to burning it down. In this environment, the White House could not even muster enough courage to denounce protesters descending on the homes of justices to harass them. While the legitimacy of the Court is questioned, the targeting of justices and their families is not.

Here is the column:

Continue reading “The License to Leak: How Years of Attacks on the Court Created a “By Any Means” Mentality”

Res Ipsa Hits 58,000,000

crowd vj dayRes Ipsa yesterday passed the 58,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog and our readership around the world. As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems.  I also want to thank Kristin Oren who continues to do an amazing job proofing posts on a daily basis to remove my embarrassing typos.  Finally, I would like to thank our regular readers who alert me to typos or any violations of the civility or copyright policies on the blog. Continue reading “Res Ipsa Hits 58,000,000”

Res Ipsa Hits 57,000,000

crowd vj dayRes Ipsa yesterday passed the 57,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog and our readership around the world. As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems.  I also want to thank Kristin Oren who has been proofing posts on a daily basis to remove my embarrassing typos and errors.  Finally, I would like to thank our regular readers who alert me to typos or any violations of the civility or copyright policies on the blog. Continue reading “Res Ipsa Hits 57,000,000”

Flagging Free Speech or Nepotism? Formula One Team Drops Russian Driver Over Ukraine Invasion

I recently wrote about the Metropolitan Opera Manager Peter Gelb cancelling  soprano Anna Netrebko after she failed to condemn Vladimir Putin. Netrebko, who denounced the Ukrainian invasion, has appeared in pictures with Putin and has said that she will take a hiatus from performing after the controversy. I drew heated objections to my column for defending a supporter of Putin. I was defending free speech rather than Putin but it is an old saw used against civil libertarians when they object to public or private censorship. Now we have a different story out of Formula One racing where Russian driver Nikita Mazepin was dropped by Haas F1 despite a FIA ruling he could compete in Formula One races.  The controversy has some unique elements tied to the racing but raises similar issues of compelled speech. Continue reading “Flagging Free Speech or Nepotism? Formula One Team Drops Russian Driver Over Ukraine Invasion”

Res Ipsa Hits 56,000,000

crowd vj dayRes Ipsa yesterday passed the 56,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog and our readership around the world. As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems.  I also want to thank Kristin Oren who has been proofing posts on a daily basis to remove my embarrassing typos and errors. (I have to note that my original line thanking Kristin had a typo that she corrected). Finally, I would like to thank our regular readers who alert me to typos or any violations of the civility or copyright policies on the blog. Continue reading “Res Ipsa Hits 56,000,000”

“A Prudential Matter”: New Disclosures Undermine Defenses of Emory Law Journal’s Withdrawal of Publication Offer

A recent publication by Louis Bonham added new information to the controversy over Emory Law Journal withdrawing an offer of publication for San Diego’s Warren Distinguished Professor of Law Larry Alexander due to his refusal to remove criticism of theories of systemic racism. We discussed the controversy last month.  There are a couple of new details on the communications between the editors and Professor Alexander that undermine defenses of the journal by the law school. Continue reading ““A Prudential Matter”: New Disclosures Undermine Defenses of Emory Law Journal’s Withdrawal of Publication Offer”

Blow Out Year: Res Ipsa Hits 55,000,000

On New Year’s Eve, Res Ipsa passed the 55,000,000 mark in views on the blog to close out a blowout year for our blog. Again, we thank our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems. I also want to thank our regular readers who email me to flag my signature typos or any violations of the civility or copyright policies on the blog. Continue reading “Blow Out Year: Res Ipsa Hits 55,000,000”

Merry Christmas!!!

Best wishes to everyone celebrating Christmas. According to the Library of Congress, this is the first known commercial Christmas card. It was the work of Henry Cole, a British civil servant, in 1843. That was same year that Charles Dickens published “A Christmas Carol.”  We are celebrating this year at our house in Virginia with our four children and, of course, Luna. Continue reading “Merry Christmas!!!”

RES IPSA HITS 52,000,000

crowd vj dayToday we passed the 52,000,000 mark in views on the blog. Again, we thank our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems. I also want to thank our regular readers who email me to flag my signature typos or any violations of the civility or copyright policies on the blog. Continue reading “RES IPSA HITS 52,000,000”

Res Ipsa Hits 51,000,000

crowd vj dayLast night, we passed the 51,000,000 mark in views on the blog. Our steady increase in traffic continued this month. Again, we thank our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems. I also want to thank our regular readers who email me to flag my signature typos or any violations of the civility or copyright policies on the blog. Continue reading “Res Ipsa Hits 51,000,000”

Res Ipsa Hits 50,000,000

crowd vj dayLast night, we passed the 50,000,000 mark in views on the blog. I would never have imagined that this little blog (started in a beach house on a lark) could have gone to this size. It is a great testament to our loyal readers and the continued interest in a site for civil and reasoned discussion of the legal, political, and social issues of our times.

We are continuing to experience a surge in viewers. 2020 was a record year in terms of traffic and 2021 is continuing to surpass the prior year by a good measure. The blog continues to grow with new regular commenters and a growing international readership. Again, we thank our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. We continue to rank with the top legal blogs in the world. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems. I also want to thank our regular readers who email me to flag my signature typos or any violations of the civility or copyright policies on the blog.

Continue reading “Res Ipsa Hits 50,000,000”

“How Much Does The Current Structure Benefit Us?”: AOC Questions Role Of Supreme Court In Defending Court Packing

It often seems that our politics of rage has created a new age of berserkers, warriors revered for their blind destructive fury. In order to distinguish yourself from the rest of the mob, you must show a willingness to lay waste to any structure or institution on the path to victory. That type of blood-lust politics was on display this week when House Judiciary Committee Chair Jerry Nadler, D-N.Y., Sen. Ed Markey , D-Mass, and others unveiled a raw court packing bill to add four new justices to the Supreme Court to give liberals a one-justice majority. Not to be outdone, Rep. Alexandria Ocasio-Cortez, D-N.Y. not only endorsed the court-packing scheme but appeared to question the very basis for Marbury v. Madison — the case laying the foundation for the Supreme Court in our constitutional system. Continue reading ““How Much Does The Current Structure Benefit Us?”: AOC Questions Role Of Supreme Court In Defending Court Packing”

Turley To Moderate Panel On Section 230 and Internet Censorship

This afternoon, I have the pleasure of moderating an outstanding panel as part of the Federal Bar Association conference.  The panel is entitled Governing the Internet and the Future of Section 230 Continuing Legal Education on the Constitution and will be held virtually on Wednesday, March 17, 2021 12:00 p.m. EDT. Joining on the panel will be Carrie Goldberg, C.A. Goldberg (Victims’ Rights Law Firm); Philip Hamburger (Maurice and Hilda Friedman Professor of Law, Columbia Law School); and  Samir Jain (Center for Democracy and Technology, Director of Policy). Continue reading “Turley To Moderate Panel On Section 230 and Internet Censorship”

Res ipsa loquitur – The thing itself speaks