The Post-Roe World: A Reality Check on the Implications of the Leaked Supreme Court Opinion

The Map of Hell painting by Botticelli

Below is my column in the Hill on claims being made about the post-Roe world and the sweeping away of such rights as interracial marriage and the use of contraceptives. The “parade of horribles” seems to get longer by the day but it may actually be undermining the good-faith arguments made by pro-abortion advocates.

Here is the column: Continue reading “The Post-Roe World: A Reality Check on the Implications of the Leaked Supreme Court Opinion”

“Silence the Voices of Hatred”: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media

Politicians have long viewed tragedies and crises as opportunities not to be “wasted.” Most recently, Samantha Power, Biden’s Administrator of the United States Agency for International Development, told ABC that they did not want to waste the war in Ukraine as a way of pushing green initiatives. She explained to George Stephanopoulos that you should “never let a crisis go to waste.” Governor Kathy Hochul (D-NY), adopted the same approach to the massacre in Buffalo in renewing calls for censorship on the Internet. While many drew the connection between the shooting and the need for greater gun control measures, Hochul notably went further to demand the curtailment of free speech protections. Speaking later at a church, she pledged to “silence the voices of hatred and racism and white supremacy all over the Internet.”

Continue reading ““Silence the Voices of Hatred”: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media”

Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. After denouncing the recent leak of the draft opinion that would overturn Roe v. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis, or the respect for precedent. That was one of the central arguments in favor of preserving Roe. Thomas, however, surprised many by dismissing the principle as the last line of defense for those without an argument on the merits. Continue reading “Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments””

The Majestic Beauty of Zion

My trip to Utah to speak to the Federal Bar Association allowed me this week to return to Utah, one of my favorite places on Earth. While I only had a day for hiking, I drove to Zion National Park for some wonderful hikes. I wanted to share some of the pictures and encourage everyone to take a trip to Utah to see the almost indescribable  beauty of this state. Continue reading “The Majestic Beauty of Zion”

Laurence Tribe Claims Trump Could Be Charged With Espionage

Harvard Law professor emeritus Laurence Tribe has long been an endless font for the media in claiming clear evidence of a variety of crimes for the imminent prosecution of Donald Trump. Tribe declared evidence supporting criminal charges of witness tamperingevidence of obstruction f justice, criminal election violations, Logan Act violations, extortion and possible treason by Trump or his family. Now Tribe may have run the full course of the criminal code in claiming that Trump might be prosecuted as an effective spy because he violated rules governing the handling of classified information. Continue reading “Laurence Tribe Claims Trump Could Be Charged With Espionage”

Turley Speaks to the Federal Bar Association on the Supreme Court

I have the pleasure this morning of speaking with the Federal Bar Association in Utah. The keynote address is entitled “Dangerous Times for the Least Dangerous Branch: The Supreme Court in the Age of Rage.” Ironically, the topic was selected months ago, but the recent leaking of the draft opinion on abortion and doxing of justices adds a particularly menacing element to the topic.

Continue reading “Turley Speaks to the Federal Bar Association on the Supreme Court”

China Censors WHO Head After Tedros Advocated Censorship to Combat the “Infodemic”

French journalist Jacques Mallet du Pan famously observed during the French Revolution that “like Saturn, the Revolution devours its children.” It appears that the same can be said for censorship. We previously discussed how WHO Director-General Tedros Adhanom Ghebreyesus has supported censorship to combat what he calls the “infodemic.” Now Tedros has been reportedly censored by China for disinformation on its own pandemic measures.

Continue reading “China Censors WHO Head After Tedros Advocated Censorship to Combat the “Infodemic””

Protesting at Justice’s Homes Should be a Subject of Condemnation, not Prosecution

Below is my column in the Hill on the call for the use of a federal law to arrest protesters outside of the homes of justices. The crushing irony is that many of these critics have spent years calling for the denial or curtailment of the free speech of others. Yet, these justices being targeted in their homes would likely narrowly construe or bar the use of this law.

Here is the column:

Continue reading “Protesting at Justice’s Homes Should be a Subject of Condemnation, not Prosecution”

“When The Mob is Right”: Georgetown Law Professor Josh Chafetz Supports “Aggressive” Protests at the Homes of Justices

Georgetown Law Professor Josh Chafetz is under fire this week after going to Twitter to defend “aggressive” protests at the homes of Supreme Court justices. Chafetz explained that such mob action should be permissible when “the mob is right.”  For many who have watched the rise of threats and intolerance on our campuses, Chafetz’s comments capture the culture of many on the left. While many were taken aback by a professor seemingly supporting mob action, it is the same “by any means necessary” justification that has been used to justify everything from packing to sacking to leaking on the Court. Continue reading ““When The Mob is Right”: Georgetown Law Professor Josh Chafetz Supports “Aggressive” Protests at the Homes of Justices”

Insurrection or Advocacy? Chicago Mayor Lightfoot Issues “Call to Arms” After Leaked Abortion Ruling

Chicago Mayor Lori Lightfoot (D) facing criticism over a tweet in which she issued a “call to arms” after the recent leaking of the abortion decision from the Supreme Court. In the aftermath of the firebombing of a pro-life office and the doxing of Supreme Court justices, the “call to arms” was alarming for many, particularly given the violent protests in Chicago in prior years. I do not believe that Lightfoot is encouraging anything other than peaceful advocacy. Yet, it is striking how virtually identical language has been used by Democrats to seek the disqualification of GOP members and criminal charges against figures like Donald Trump. Indeed, such rhetoric featured greatly in the second impeachment of Donald Trump. Continue reading “Insurrection or Advocacy? Chicago Mayor Lightfoot Issues “Call to Arms” After Leaked Abortion Ruling”

Destroying Democracy to Save It: Democrats Lose Another Effort to Disqualify a GOP Member

For two years, Democrats have been trying to disqualify dozens of Republicans from appearing on ballots for supporting the challenge to the certification of the 2020 election or declaring the election to be stolen. It is premised on a deeply flawed historical and legal view of a provision under the Fourteenth Amendment. In the name of democracy, these Democrats have demanded that courts prevent voters from being able to vote for incumbent members. Yet, scholars like Harvard Professor Laurence Tribe have endorsed this sweeping interpretation. It has been rejected repeatedly in the courts. The latest such ruling comes from the Arizona Supreme Court which ruled that Democrats could not prevent Rep. Paul Gosar (R-AZ) from appearing on the ballot in 2022.

Continue reading “Destroying Democracy to Save It: Democrats Lose Another Effort to Disqualify a GOP Member”

From Court Packing to Leaking to Doxing: White House Yields to a National Rage Addiction

Below is my column in the Hill on the leak and the refusal of President Joe Biden to denounce such conduct. It is a defining moment for his presidency that, even in the face of such a disgraceful and unethical act, the President cannot muster the courage to condemn it. He then magnified that failure by refusing to condemn the doxing and targeting of justices and their families at their homes.

Here is the column:

Continue reading “From Court Packing to Leaking to Doxing: White House Yields to a National Rage Addiction”

“The Only One That Makes Sense”: NPR’s Totenberg Claims The “Leading Theory” is that the Leaker is a Conservative Clerk

Recently, National Public Radio’s Legal Affairs Correspondent Nina Totenberg was widely criticized for a false story about Justice Neil Gorsuch allegedly refusing to wear a mask during oral arguments despite a threat to the health of his colleague Justice Sonia Sotomayor. She also suggested that Sotomayor had to watch the oral arguments virtually due to his conduct. Gorsuch and Sotomayor issued a joint statement that called Totenberg’s story “false.” Now, Totenberg has made another bombshell report that “the leading theory” is that it was a conservative law clerk who leaked the opinion. While most of us have discussed this as one of the possible scenarios, Totenberg reports that it is now the “leading theory” in the investigation. Totenberg’s reporting, however, did not suggest that she has any factual basis or evidence to make that claim. She simply says that it is “the only one that makes sense.” It may be the only “sensible” choice for some, but it is hardly the “most likely” theory based on the available evidence.

Continue reading ““The Only One That Makes Sense”: NPR’s Totenberg Claims The “Leading Theory” is that the Leaker is a Conservative Clerk”

McConnell: Federal Abortion Ban is “Possible” if Court Strikes Down Roe v. Wade

Senate Minority Leader Mitch McConnell told USA Today this week that it is “possible” that Congress could pass a national ban on abortion if the leaked draft opinion overturning Roe v. Wade is finalized. In the interview, McConnell confirmed that there would be nothing standing in the way of such national legislation. McConnell did not say that he was calling or planning for such a vote. He was stating that it would be legally possible if Roe is overturned. However, such a vote would leave the position of the GOP in an incomprehensible morass on its views in the area. For decades, Republicans have insisted that this issue is a state, not a federal, matter. It could also raise some difficult constitutional questions under federalism.

Continue reading “McConnell: Federal Abortion Ban is “Possible” if Court Strikes Down Roe v. Wade”

Federal Court Dismisses “Kung Flu” Lawsuit Against Trump

Former President Donald Trump achieved mixed results in courts this week. He lost efforts to prevent a $10,000 per day fine for contempt in failing to turn over evidence on his assets in the civil investigation by New York Attorney General Letitia James. He also lost his lawsuit against Twitter over his being banned from the site. However, in a case that we previously discussed, Trump prevailed in Chinese Americans Civil Rights Coalition, Inc. v. TrumpI previously wrote that I considered this case to be meritless, but it took a year to see it dismissed on the grounds discussed earlier.

Continue reading “Federal Court Dismisses “Kung Flu” Lawsuit Against Trump”