There was an interesting complaint filed in New York yesterday in which a group of parents and educators sued New York Attorney General Letitia James over a letter viewed as threatening those who are raising transgender policies in public meetings. While the legal basis for the complaint is likely to be challenged as premature by the state, the lawsuit exposes an effort that seems clearly designed to chill such public discussions of transgender issues. Continue reading “Letitia James Moves to Chill Debate Over Transgender Policies”
The Centers for Disease Control and Prevention (CDC) just issued a report on a bizarre case involving the death of a transplant patient after he was given a kidney from a donor with rabies. The report would suggest a strong case for liability under the existing tort doctrine.
Continue reading “Patient Dies After Being Given Organ from Donor With Rabies”
As I discussed in yesterday’s coverage of the oral arguments in Trump v. Slaughter, the argument went poorly for those who sought to sustain the 90-year-old precedent in Humphrey’s Executor, limiting a president’s power to fire members of independent commissions. It seems unlikely that Humphrey’s Executor will live to see 91 after Chief Justice John Roberts called it “just a dried husk.”
As is increasingly becoming the case, Justice Ketanji Brown Jackson stole the show with some of her comments on her view of the underlying constitutional issues. She suggested that “experts” in the Executive Branch generally should not be subject to termination by a president. It is a virtual invitation for a technocracy rather than a democracy. Continue reading “Humphrey’s Estate and Jackson’s Experts: Justice Offers Surprising View of the Separation of Powers”
Last night, I gave my final in both of my torts classes at George Washington University. I teach dram shop litigation and a new case involving Royal Caribbean could well be part of next year’s lecture. The company is being sued by the family of a 35-year-old man who died aboard a Royal Caribbean cruise after allegedly being served 33 alcoholic drinks and then restrained (and drugged) when he allegedly became violent. Notably, the medical examiner ruled his death a homicide. The family has filed a civil complaint in the U.S. District Court for the Southern District of Florida. Continue reading “The Death of Michael Virgil: Royal Caribbean Faces Major Torts Case Over the Death of a Passenger”
English novelist Robert Smith Surtees once said, “There are three sorts of lawyers – able, unable, and lamentable.” That view was never truer than this month as the United States Supreme Court hears from a lawyer who may be more controversial than the underlying case. In an election case that will require at least two conservative justices to join their liberal colleagues, the Democratic National Committee (DNC) picked one of the most polarizing and controversial attorneys in the country: Marc Elias. Continue reading “Marc Elias to Make Controversial Appearance as DNC Counsel Before the Supreme Court”
Below is my column in The Hill on the decline of the American Bar Association and the move in various states to find alternatives to the ABA in bar admissions and legal education. The dwindling membership and influence of the ABA is a familiar tale for many in academia and the media.
Here is the column:
Continue reading “The Rise and Fall of the American Bar Association”
We have been discussing how ChatGPT is accused of encouraging the suicide of various individuals as well as the defamation of other individuals. Various lawsuits have been filed against the company, but now federal prosecutors have indicated that ChatGPT may have played a role in enabling or encouraging an accused criminal stalker. Continue reading “ChatGPT Accused of Encouraging Alleged Serial Stalker in Latest OpenAI Controversy”
In August, I discussed the passing of my mother, Angela Turley, just shy of her 98th birthday. Through decades of social work and philanthropy, my mother left a lasting impact on the city that she loved so deeply. I am now able to share the resolution from the City Council honoring her memory and legacy in Chicago. On behalf of our entire family, I would like to thank the city for this kind gesture and particularly 46th Ward Alderwoman Angela Clay and her staff for drafting and finalizing the resolution.
Continue reading “Chicago City Council Approves Resolution Honoring the Life of Angela Turley”
For years, some of us in the free speech community have warned about the threat of the European Union to free speech, particularly in the enactment of the infamous Digital Services Act (DSA). The EU has virtually declared war on free speech and is targeting American companies. That war just began with the first DSA fine. Not surprisingly, X was the chosen target — a company blamed by many in the EU and the U.S. for rolling back free-speech protections. Continue reading “So It Begins: The European Union Unleashes the DSA on X with Initial $140 Million Fine”
The military has long had a saying that “when you only have a hammer, every problem looks like a nail.” When it comes to impeachment power, Democrats have long acted as if every problem is a high crime and misdemeanor. After two impeachments against President Donald Trump (including what I labeled as an infamous “snap impeachment“), Democratic politicians and pundits are back calling for the impeachment of President Trump and Secretary of Defense Pete Hegseth. Continue reading ““An Impeachable Moment”: Impeachment Mania Returns in Time for the Midterm Elections”
District Court Judge Indira Talwani in Boston has been one of the most active judges in the country in seeking to enjoin the orders of President Donald Trump, including her orders to prevent deportations under previously “paroled” immigrants under the Biden Administration. She previously sought to enjoin the denial of federal funds to Planned Parenthood, an order that the United States Court of Appeals lifted for the First Circuit pending appeal. Now, Judge Talwani is back with a new basis for forcing payments to Planned Parenthood despite Congress barring Medicaid funds under the Big Beautiful Bill.
Continue reading “Boston Judge (Again) Intervenes to Force Payments to Planned Parenthood”
Below is my column on Fox.com on the Oxford University Press selecting “rage bait” as the word of the year. It is certainly fitting for our age of rage, but it is a term that has a more negative implication for the free speech community. It is often used to criticize social media sites allowing or favoring such postings. Rage bait may be the word of the year, but make no mistake about it: free speech remains the target.
Here is the column: Continue reading ““Rage Bait” May Be the Word of the Year, But Free Speech Remains the Target”
The pattern is all too familiar. The Washington Post runs a story with a sensational claim: Secretary of Defense Pete Hegseth ordered the killing of survivors of one of the first boat attacks back in September — a coup de grace or finishing shot that would constitute a war crime. The Post appears to have had only one source making the specific claim about Hegseth, but ran with the story. What followed was a line of politicians and pundits calling for the usual criminal charges, impeachments, and resignations. Then, various sources, including the New York Times, debunked the story. Continue reading “New York Times Debunks War Crime Story By the Washington Post”
California was once known as the destination for anyone seeking a fortune, from the Gold Rush to Hollywood. The image of a line of wagon trains heading West has now been replaced by a line of U-Hauls heading anywhere but California. Unable to stem the exodus, California is again toying with retroactive taxes — targeting the wealthy regardless of whether they flee the state. Welcome to Hotel California, “you can check out any time you like, but you can never leave.” Continue reading “Welcome to Hotel California: Democrats Push Retroactive Billionaire Tax”