The Los Angeles Times has published my column on reforming the Supreme Court. If President Trump truly wants to leave a legacy on the Court, he should focus not on changing the membership but changing the institutional itself. Continue reading “If Trump Seeks A Legacy On the Court, He Should Change The Court Itself . . . Not Its Membership”
I have the pleasure today of speaking at the keynote before the CATO conference in Naples Florida being held a the Ritz-Carlton. Apropos of the current debate over the Trump executive order on refugees, the speech will address the scope of, and limits on, executive power. The speech will start at 11 a.m.
Continue reading “Turley To Speak As Keynote At Cato Conference”
President Donald Trump has made his choice for the Supreme Court and it is Tenth Circuit Judge Neil Gorsuch, 49. With the selection, President Trump would be submitting a jurist with unassailable credentials and proven intellect. He is also someone with a proven conservative record, though there are a few blind spots for those who want a nominee vaccinated against what conservatives view as the David Souter virus — a creeping condition where a conservative gravitates to the left of the Court with time. Last night, The Hill newspaper ran my column on Gorsuch and his unquestioned qualifications.
Continue reading “TRUMP NOMINATES NEIL GORSUCH FOR THE UNITED STATES SUPREME COURT”

President Donald Trump fired acting Attorney General Sally Yates Monday night for “refusing to enforce a legal order designed to protect the citizens of the United States.” As I stated on “Morning Joe” this morning, Trump clearly has the right to fire Yates. Indeed, Yates’ action (and rationale) contradicts long-standing Justice Department policies on such issues. Despite my personal opposition to this executive order, I believe that Yates was mistaken to take this action and that it does not serve the interests of justice to obstruct efforts to have this matter fully litigated before a court for independent review.
Continue reading “Trump Fires Acting Attorney General Over Refusal To Defend Executive Order”
I previously discussed how President Donald Trump has the advantage in a constitutional challenge of this executive order suspending entry for refugees and imposing special limitations on seven stated countries. As I have noted, this does not mean that there are not legitimate questions raised, particularly over the express preference to be given “religious minorities” under the order. However, the case laws heavily supports a president’s plenary power over such border controls. There remains however a question over whether the law could be constitutional under a president’s inherent authority but still unlawful under statutory authority. Most of that argument centers on the Immigration and Nationality Act of 1965, which bars discrimination based on nationality or place of origin. There are clearly compelling arguments on both sides of this question, but once again I believe that critics may be overstating the 1965 law as making the executive order facially invalid. As I have repeatedly stated since this executive order was signed, I believe it was a terrible mistake, poorly executed, and inimical to our values as a nation. However, legal analysis by a court should not be influenced by such personal viewpoints. The question is solely whether the president is barred statutorily from taking this action.
Continue reading “Is The Trump Executive Order on Refugees Unlawful?”
The Trump Administration has maintained that the new executive order on refugees is not a Muslim ban. It is a compelling argument given the fact that only seven Muslim countries are singled out. Yet, Administration lawyers will have to deal with countervailing statements from President Trump that he wants to give preference to Christians as refugees. Now Former New York City Mayor Rudy Giuliani (R), a close confidant to President Trump, may have magnified the problems with an interview where he discusses how President Trump asked him to craft “Muslim ban.”
Continue reading “Giuliani: Trump Told Me He Wanted A “Muslim Ban””
Another incident has captured the growing hate exhibited on both sides of the widening political rift in this country. Robin A Rhodes, the president of Nitrofreeze Cryogenic Solutions (a metals company based in Worcester) is accused of a vile attack on a Delta employee due to her Muslim faith Rhodes allegedly abused Rabeeya Khan in the Delta Air Line Sky Club and kicked her. He also is quoted as declaring “Trump is here now” and “he will get rid of all of you.”
Sheldon Isaiah Cheese, 17, will be tried as an adult for a robbery of a . . . .
Continue reading “Can You Guess What This Person Was Charged With?”
Late Friday, President Donald Trump carried out one of his primary campaign promised this week with a suspension on the entry of all refugees to the United States and an order for “extreme vetting” as a condition for entry for some foreign citizens. The order below specifically suspends entry of all refugees to the United States for 120 days, bars Syrian refugees indefinitely, and blocks entry into the United States for 90 days for citizens from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The order had immediate impact on travelers who were denied entry to the United States and held at some airports like JFK. Lawsuits have already been filed challenging the executive order but those challenges will face a considerable challenge in seeking an injunction by a federal court.
Continue reading “Is The Trump Executive Order On Refugees Constitutional?”
After the inauguration, the White House was heavily criticized for President Trump’s repeated criticism of the media over how big of a crowd he attracted at his inauguration, particularly in comparison to the inaugurations of former President Obama. As I stated at the time, I thought both Trump’s comments at the CIA and Sean Spicer’s first press conference were mistakes. They lost the first 48 hour news cycle to a discuss about Trump’s perceived insecurities and factual assertions that were later challenged. Newspapers have reported (with White House staff as sources) that Trump was alarmingly obsessed with the issue. It was a performance that even stalwart supporters like Charles Krauthammer on Fox called “weird.” Likewise, Fox News has described Spicer’s facts as “incorrect.” While it does appear that the crowd at the inauguration was smaller (which again I fail to see as a serious problem) and the figures released by Spicer on metro ridership were wrong, but the BBC is reporting with other sources that Trump’s inauguration a study on live streaming sources that supports Spicer’s claim that the actual viewership was in fact the largest in history.
Continue reading “New Study Supports White House Claim On “Most Watched Inauguration””

There was considerable coverage about the high popularity of President Barack Obama as he left office — often in comparison with the dropping polls of President Trump. However, the White House pushed back on what it considered misleading poll stories. Now Gallup may support the position of the White House — at least on the average of the Obama numbers. Most polls show a surge of support at the end of Obama’s term. Gallup shows Obama at relatively low polling numbers on average in comparison to past presidents. This does not compare the polling at the time of his departure. Indeed, even Nixon showed better polling numbers. However, another poll this week shows Obama as just behind Reagan as the country’s greatest president.
Continue reading “Gallup: Obama Low In Popularity Among Modern Presidents [Updated]”

It appears that teachers are having a difficult time keeping their political views out of classroom. Recently, an Alabama teacher was put on suspension for projecting an image of Obama with “You’re fired” after the election. Now, on the other side of the political spectrum, a Texas high school art teacher has been placed on administrative leave after video surfaced showing her “shooting” the image of President Donald Trump in a classroom while screaming, “Die!”
Continue reading “Teachers In Alabama and Texas Suspended After Anti-Obama and Anti-Trump Displays”


Yesterday,