Courts, Lawyering, Politics, Supreme Court

A Judge of Her Peers? Judge Dugan Assigned a Judge Previously Rebuked for Political Comments

Five years ago, I wrote about a federal judge who, in my view, had discarded any resemblance of judicial restraint and judgment in a public screed against Republicans, Donald Trump, and the Supreme Court. The Wisconsin judge represented the final death of irony: a jurist who failed to see the conflict in lashing out at what he called judicial bias in a political diatribe that would have made MSNBC’s Lawrence O’Donnell blush.

His name is Lynn Adelman. Continue reading “A Judge of Her Peers? Judge Dugan Assigned a Judge Previously Rebuked for Political Comments” →

Columns, Congress, Constitutional Law, Criminal law

The Red Line: Democratic Officials Claim a Dangerous License for Illegality

Across the country, a new defense is being heard in state and federal courtrooms. From Democratic members of Congress to judges to city council members, officials claim that their official duties include obstructing the official functions of the federal government. It is a type of liberal license that excuses most any crime in the name of combating what Minn. Gov. Tim Walz called the “modern-day Gestapo” of the Immigration and Customs Enforcement (ICE).

Continue reading “The Red Line: Democratic Officials Claim a Dangerous License for Illegality” →

Bizarre, Politics

And I Have a Bridge in Brooklyn to Sell You: Schumer Suggests that the Administration Caused the Mexican Ship Collision

It has long been a practice for New York sharpies to scam chumps by offering to sell them the Brooklyn Bridge. However,  Sen. Chuck Schumer (D-NY) tried an even harder scam in selling the idea on Sunday that the collision of the Mexican training ship Cuauhtémoc and the Brooklyn Bridge was the fault of the Trump Administration. Schumer appears to have missed the boat, literally, given the immediate reports of a loss of navigation ability on the vessel. In any case, the suggestion that cuts in staffing led to the crash is just the latest Democratic spin that dispenses with any factual foundation. Continue reading “And I Have a Bridge in Brooklyn to Sell You: Schumer Suggests that the Administration Caused the Mexican Ship Collision” →

Columns, Constitutional Law, Courts

Courting Controversy: Justices’ Side Commentaries Undermine the Supreme Court

Below is my column in The Hill on the controversy this month over extrajudicial comments made by Justices Sonia Sotomayor and Elena Kagan. These are only the latest such comments by justices that became distractions during the discussion of pending cases before the Court.

Here is the column: Continue reading “Courting Controversy: Justices’ Side Commentaries Undermine the Supreme Court” →

Media, Politics

It was Hur and Hamas: CNN Struggles to Assign Blame for Not Reporting on Biden’s Decline

In the wake of the leaked audio of President Joe Biden’s interview with Special Counsel Robert Hur, the media is going through another round of spinning its own failure to pursue the question of Biden’s obvious mental and physical decline. That is no more evident than at CNN, which was one of the most hostile networks to such questions before Biden withdrew from the presidential race after his disastrous debate. The struggle was on full display on Friday. Continue reading “It was Hur and Hamas: CNN Struggles to Assign Blame for Not Reporting on Biden’s Decline” →

Bizarre

Shell Game: James Comey Continues to Find Shells Speaking to Him on the Beach

James Comey continues to hear disturbing messages from shells on the beach.

Comey is facing a public outcry over his posting of shells that he discovered on the beach saying “86 47,” a reference that some took as a threat against Trump. While I have stated that the posting would not establish a viable criminal case, Comey’s shell fetish seems to be having a decidedly harmful impact on the former FBI director. This is not the first time that shells have spontaneously appeared with political messages for Comey. Continue reading “Shell Game: James Comey Continues to Find Shells Speaking to Him on the Beach” →

Columns, Justice, Media, Politics

“For Posterity’s Sake”: Why the Biden-Hur Tapes is a Virtual Racketeering Indictment
Erin Scott/White House via Flickr/Public Domain

“For posterity’s sake.” Those words from President Joe Biden sum up the crushing impact of the leaked audiotapes from the interview between then-President Joe Biden and Special Counsel Robert Hur. Not only did they remove any serious doubt over Biden committing the federal crimes charged against President Donald Trump, but they also constituted what is akin to a political racketeering indictment against much of the Washington establishment. Continue reading ““For Posterity’s Sake”: Why the Biden-Hur Tapes is a Virtual Racketeering Indictment” →

Academia, Bizarre, Free Speech

“We Study Fascism…We’re Leaving the U.S.”: The NY Times Runs Video of Yale Professors Fleeing to Canada

The New York Times continues to work tirelessly to maintain the narrative that the United States is now a fascist regime. Earlier, the Times demonstrated its view of balanced analysis by running a collection of legal opinions titled “A Road Map to Trump’s Lawless Presidency.” Now, it is featuring three Yale professors fleeing fascism for the safety of Canada, making direct references to the rise of the Nazis. The video is titled “These Yale Professors Study Fascism.” Continue reading ““We Study Fascism…We’re Leaving the U.S.”: The NY Times Runs Video of Yale Professors Fleeing to Canada” →

Constitutional Law, Courts, Supreme Court

“A Modest Request”: The Supreme Court Hears Challenge to National or Universal Injunctions

Today, the United States Supreme Court will hear three consolidated cases in Trump v. CASA on the growing use of national or universal injunctions. This is a matter submitted on the “shadow docket” and the underlying cases concern the controversy over “birthright citizenship.” However, the merits of those claims are not at issue. Instead, the Trump Administration has made a “modest request” for the Court to limit the scope of lower-court injunctions to their immediate districts and parties, challenging the right of such courts to bind an Administration across the nation. Continue reading ““A Modest Request”: The Supreme Court Hears Challenge to National or Universal Injunctions” →

Uncategorized

Federal Judge Rules Against Student Who Wore a “Let’s Go Brandon” Shirt

We previously discussed how schools were making students remove sweatshirts reading “Let’s Go Brandon.” I have argued that the shirts should be treated as protected speech. However, United States District Court Judge Christopher Boyko just delivered another blow to free speech in rejecting a claim for such protection, at least as the basis for injunctive relief, in  Conrad v. Madison Local School Dist—Bd. of Ed. Continue reading “Federal Judge Rules Against Student Who Wore a “Let’s Go Brandon” Shirt” →

Bizarre, Politics

Circling the Firing Squad: The Democratic Party Moves to Negate Earlier Election of David Hogg
Academia, Constitutional Law, Free Speech, International

Oregon Law Professor Accuses Oregon Law Review of Anti-Israeli Discrimination

The University of Oregon has long faced controversies over the alleged political bias on its campuses, including celebrating the career of a professor who physically attacked pro-life students as a model of activism. It has been criticized for monitoring off-campus speech and unconstitutionally censoring dissenting faculty. Now, Law Professor Ofer Raban is accusing the Law Review and school administrators of discriminating against an Israeli professor who was allegedly rejected for publication because of his association with an Israeli university. Continue reading “Oregon Law Professor Accuses Oregon Law Review of Anti-Israeli Discrimination” →

Columns, Free Speech, Lawyering

To Be or Not To Be a Hypocrite? Outrage over Trump Targeting Law Firms is Turning Shakespearean

Below is my column in The Hill on the recent opinion blocking President Donald Trump’s executive order sanctioning the law firm of Perkins Coie for its role, on behalf of the Clinton campaign, in the Russian collusion scandal. The opposition to the order has taken on a certain Shakespearean flare that conceals the underlying hypocrisy of many of these lawyers.
Courts, Supreme Court

“An Act of Solidarity”: Sotomayor Calls for Lawyers to “Fight this Fight” in Controversial Speech

Justice Sonia Sotomayor has previously been criticized for making public comments that some viewed as overly political or partisan, including telling law students to organize in favor of abortion rights. This week, the Justice has triggered another controversy in calling for lawyers to “fight this fight,” presumably against the Trump Administration. Continue reading ““An Act of Solidarity”: Sotomayor Calls for Lawyers to “Fight this Fight” in Controversial Speech” →

Academia, Travel Blog

Maroon Spring: The Glory of the University of Chicago

I had the pleasure this weekend of returning to both my hometown and my alma mater, The University of Chicago, to discuss my book, The Indispensable Right: Free Speech in an Age of Rage” and American journalism. It was a glorious day on campus and I wanted to share a few photos if you have not been to the university. Continue reading “Maroon Spring: The Glory of the University of Chicago” →

Res ipsa loquitur – The thing itself speaks