Columns, Congress, Constitutional Law, Media, Politics

An Ideal Rule for the Age of Rage? Critics May Be Making the Best Argument For Keeping The Filibuster

Below is my column in the Hill on the future of the filibuster and why this may be the most credible period for the use of such a compromise-forcing rule. There have always been good-faith arguments against the use of such a rule as inhibiting democratic voting. After all, the rule blocks bare majority voting. However, with a razor-thin margin in both houses, the use of such a rule can help force greater dialogue and compromise in Congress, which most voters indicate that they want in polls. It now appears that Sen. Joe Manchin (D., W.V.) will block the federal voting rights legislation even without a filibuster. As a result he was attacked as a “not very bright” aider and abetter and “cowardly, power-hungry white guy” by the left. Sen. Dick Durbin’s press secretary on the Judiciary Committee even curiously declared that democracy should not be “in the hands of a man who lives in a house boat.” The furious response explains why Manchin has been one of just two Democrats willing to demand compromise. The Republicans have roughly the same number willing to push from that side. However, combined these senators are seeking bipartisan agendas in a deeply divided nation. Killing the filibuster will remove the key pressure to seek bipartisan approaches.

Here is the column:

Continue reading “An Ideal Rule for the Age of Rage? Critics May Be Making the Best Argument For Keeping The Filibuster” →

Bizarre, Media, Politics

The Cotton Controversy One Year Later: The Dark Anniversary of the Surrender of the New York Times

This week is the one-year anniversary of one of the lowest points in the history of modern American journalism. During the week of June 6, 2020, the New York Times forced out an opinion editor and apologized for publishing the editorial of Sen. Tom Cotton (R., Ark.) calling for the use of the troops to restore order in Washington after days of rioting around the White House.  While Congress would “call in the troops” six months later to quell the rioting at the Capitol on January 6th, New York Times reporters and columnists called the column historically inaccurate and politically inciteful. Reporters insisted that Cotton was even endangering them by suggesting the use of troops and insisted that the newspaper cannot feature people who advocate political violence. One year later, the New York Times published a column by an academic who has previously declared that there is nothing wrong with murdering conservatives and Republicans.

Continue reading “The Cotton Controversy One Year Later: The Dark Anniversary of the Surrender of the New York Times” →

Uncategorized

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” →

Columns, Constitutional Law, Courts

Federal Court Strikes Down California’s Assault Weapons Ban

For many years, I have been critical of politicians running on promises of sweeping gun control legislation that would violate controlling case law under the Second Amendment. After every mass shooting, politicians pledge that they will get guns out of society when they know that such promises mislead voters on the range of permissible action in the area. In reality, the range of permissible legislative action is quite limited. Moreover,  limits on things like clip capacity are unlikely to make a significant difference in gun violence. Now, a federal judge has struck down California’s three-decade-old ban on assault weapons as a violation of the Second Amendment. The decision could be raised in the ongoing consideration of the nomination of David Chipman, who President Joe Biden wants to head the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Continue reading “Federal Court Strikes Down California’s Assault Weapons Ban” →

Academia, Bizarre

“Unloading A Revolver Into The Head Of Any White Person”: Yale Features Violent, Racist Diatribe By Psychiatrist

We previously discussed the ongoing controversies over former Yale psychiatrist Dr. Bandy Lee, who made highly unprofessional and sensational remarks throughout the Trump presidency. The school eventually got rid of Lee but seems to have found another even more controversial substitute as a speaker in psychiatrist Dr. Aruna Khilanani. The New York-based doctor was invited to Yale School of Medicine in April to deliver an address which turned out to be a violent, racist diatribe, including saying that she often thought of “unloading a revolver into the head of any white person that got in my way.” Continue reading ““Unloading A Revolver Into The Head Of Any White Person”: Yale Features Violent, Racist Diatribe By Psychiatrist” →

Columns, Constitutional Law, Media, Military, Politics

“To Support and Defend The Constitution of the United States”: Micheal Flynn’s Crisis Of Constitutional Faith

Below is my column in USA Today on the disturbing comments of former National Security Adviser Michael Flynn in favor of a military coup. He later insisted that he was misquoted but the videotape confirms that he was for a military coup before he was against it last week. It is certainly positive to see Flynn deny support for a military coup, but the incident is the latest example of our growing addiction to rage — and the loss of our common constitutional faith.

Here is the column:

Continue reading ““To Support and Defend The Constitution of the United States”: Micheal Flynn’s Crisis Of Constitutional Faith” →

Bizarre, Criminal law

San Francisco Police Department Seeks Help To Solve Crime But Blurs Face Of Suspect
This could make for an interesting line up.
The San Francisco police posted a videotape of a man lighting the hair of a woman on fire on a bus.  They were seeking the help of witnesses but bizarrely blurred out the face of the suspect. When confronted on the curious effort, the police insisted that it was just trying to get people to recognize the victim. Huh?

Continue reading “San Francisco Police Department Seeks Help To Solve Crime But Blurs Face Of Suspect” →

Constitutional Law, Criminal law, Free Speech, International, Politics

“Malicious Communications”: Scottish Feminist Criminally Charged For Tweets Opposing Gender Self-Identification

There is a free speech fight brewing in Scotland where a prominent feminist, Marion Millar, 50, has been charged with the crime of “malicious communication” due to tweets criticizing gender self-identification.  We have previously discussed how feminists are being accused of hate speech and discrimination in these debates.  Indeed, Millar is accused of being a “terf” (a trans-exclusionary radical feminist) by critics due to her opposition to allowing males to declare themselves to be females.  She could now face two years in jail. Continue reading ““Malicious Communications”: Scottish Feminist Criminally Charged For Tweets Opposing Gender Self-Identification” →

Columns, Constitutional Law, Politics, Supreme Court

The Curious Ruling In Van Buren v. United States: The Supreme Court Defies Critics With Another Consensus Ruling
Fred Schilling, Collection of the Supreme Court

A curious thing just happened on the Supreme Court when it issued the sole decision of the day. The 6-3 decision of the Supreme Court in Van Buren v. United States is not one of the blockbuster decisions that are being eagerly awaited in the coming days. The case involving computer fraud is interesting to some of us for its says about the intricacies of the federal statute. However, it is even more interesting in what it says about intricacies of the Court. In its line up of justices, the Supreme Court is again speaking loudly to critics who are demanding court packing and radical transformations of the Court. As I recently discussed regarding the release of a series of unanimous decisions, the Court could be speaking as an institution to remind the public that they are not nearly as partisan as their critics. Continue reading “The Curious Ruling In Van Buren v. United States: The Supreme Court Defies Critics With Another Consensus Ruling” →

Columns, Constitutional Law, Courts, Criminal law, Media, Politics

Bowser’s About Face: The District Admits Using Tear Gas Against Protesters and Seeks To Dismiss BLM’s Lafayette Park Lawsuit

Below is my column in the Hill on the District of Columbia not only admitting that it used tear gas on June 1 last year near Lafayette Park, but also defending the use as entirely appropriate to enforce the curfew order of Mayor Muriel Bowser. The media has avoided on the story despite Bowser’s previous condemnations of the alleged use of tear gas that night by the federal agencies. (The federal agencies claimed to have use pepper balls but the affect is largely the same). Both the Bowser and Biden Administrations are seeking to dismiss the Black Lives Matter lawsuit. Yet, the host of legal experts and media who condemned the use of tear gas and the clearing  of the Lafayette park area last year are entirely silent on the disclosures.

Here is the column: Continue reading “Bowser’s About Face: The District Admits Using Tear Gas Against Protesters and Seeks To Dismiss BLM’s Lafayette Park Lawsuit” →

Bizarre, Courts

Taking Judicial Notice? Ninth Circuit Denounces The Last Jedi As “Mediocre and Schlocky”

In the movie The Last Jedi, Supreme Leader Snoke observes “My disappointment in your performance cannot be overstated.” It appears that Snoke could find like minds on the United States Court of Appeals for the Ninth Circuit.  In Briseno v. Henderson, Judge Kenneth K. Lee took a rather broad view of “judicial notice” to declare recently that the 2017 movie was “mediocre and schlocky.” Continue reading “Taking Judicial Notice? Ninth Circuit Denounces The Last Jedi As “Mediocre and Schlocky”” →

Bizarre, Constitutional Law

No, Trump Cannot Be Simply “Reinstated” As President

Sidney Powell, a former attorney for President Donald Trump, is back in the news with a prediction that Donald Trump could be”reinstated” as president. It is a mystery to me how Powell believes that Trump could be “resinstated” but the Constitution is clear: Joe Biden is our president and will remain so absent his death, incapacity, or his removal through impeachment.

Continue reading “No, Trump Cannot Be Simply “Reinstated” As President” →

Academia, Constitutional Law

“I’m Holding Myself Accountable”: California Teacher Cancels Herself As A White Person Teaching Spanish

We have seen in recent years that public attestations of being a racist have become more common among academics. Last year, we discussed the controversy over the acting Northwestern Law Dean declaring publicly to “I am James Speta and I am a racist.” He was followed by Emily Mullin, executive director of major gifts, who announced, “I am a racist and a gatekeeper of white supremacy. I will work to be better.” Recently, Brandeis’ Assistant Deans, Kate Slater, has triggered a similar controversy after declaring “all white people are racists.”  Some have gone further. At CUNY, the Law Dean Mary Lou Bilek cancelled herself for once referring to herself as a “slaveholder” in a meeting in arguing for greater protections for minority students. Now, an Oklahoma State PhD student  and teacher Jessica Bridges has cancelled herself from teaching Spanish because she is white.

Continue reading ““I’m Holding Myself Accountable”: California Teacher Cancels Herself As A White Person Teaching Spanish” →

Constitutional Law, Courts, Media, Politics, Society, Supreme Court

Unpacked and Undivided: Is The Court Sending A Message With A Litany Of 9-0 Decisions?
Fred Schilling, Collection of the Supreme Court

Today the Supreme Court issued two more unanimous decisions in Garland v. Dai and United States v. Cooley.  This follow two unanimous decisions last week.  The weekly display of unanimity is notable given the calls by Democratic leaders to pack the Court. Yesterday, I wrote about how the heavy-handed campaigns might backfire with the justices. As we await important and likely divided decisions on issues like abortion, Chief Justice John Roberts and his colleagues seem to be sending a message that the Court is not so rigidly ideological as Democratic members and activists suggest. Continue reading “Unpacked and Undivided: Is The Court Sending A Message With A Litany Of 9-0 Decisions?” →

Constitutional Law, Courts, Supreme Court

As The Supreme Court Prepares For Major Rulings, Sen. Blumenthal Issues Warning To Conservative Justices Of “Seismic” Changes If They Rule The Wrong Way

I have previously criticized Sen. Richard Blumenthal, D-Conn., for his almost unrivaled advocacy of censorship and speech controls. Blumenthal previously threatened social media companies not to “backslide” in censoring opposing views.  Now, Blumenthal is taking up the cudgel of court packing with not so subtle threats to conservative justices that, if they do not vote with their liberal colleagues, the Court may be fundamentally altered.  He is not alone in such reckless and coercive rhetoric.

Continue reading “As The Supreme Court Prepares For Major Rulings, Sen. Blumenthal Issues Warning To Conservative Justices Of “Seismic” Changes If They Rule The Wrong Way” →