Free Speech, International

Scottish Minister Doubles Down on Anti-Free Speech Law
There is global criticism of the new anti-free speech law in Scotland, including a dare from author J.K. Rowling to arrest her for her criticism of transgender policies. The law is so bad that even the British Prime Minister, in a country previously denounced for attacks on free speech, has demurred from supporting the Scottish law.  Now Humza Yousaf, first minister of Scotland, has doubled down in supporting the draconian law while misrepresenting its language. Continue reading “Scottish Minister Doubles Down on Anti-Free Speech Law” →
Constitutional Law, Politics

White House Flack Raises Legal Concerns Over Spinning the Biden Corruption Scandal

In a city of flacks, Ian Sams is prototypical. Quotable, punchy, and fast on social media, he stays ahead of the news cycle. Those traits are greatly valued by clients in this city where losing control of a narrative can allow a controversy to metastasize into a full fledge scandal. What is different is the client. Sams, a well–known Democratic operative, is not working for a Democratic campaign, but a Democratic president and speaks for the White House Counsel. Continue reading “White House Flack Raises Legal Concerns Over Spinning the Biden Corruption Scandal” →

Uncategorized

“#arrestme”: JK Rowling Dares Scotland to Enforce Anti-Free Speech Law

We have previously discussed the growing anti-free speech movement in Scotland with the expanding criminalization of political and religious speech. The new Scottish law is a perfect nightmare for free speech, expanding the potential of a jail sentence for merely insulting language. In response, author JK Rowling has taken a stand and dared the Scottish police to come and arrest her for criticizing transgender status. Continue reading ““#arrestme”: JK Rowling Dares Scotland to Enforce Anti-Free Speech Law” →

Courts, Criminal law

“Not Evidence”: Federal Judge Denies Hunter Biden Motions to Dismiss Tax Charges in Stinging Rebuke

Despite hours of argument by the counsel for Hunter Biden, U.S. District Court Judge Mark Scarsi denied his eight motions to dismiss tax charges with a stinging rebuke that the defense omits one thing from its argument: actual evidence. Continue reading ““Not Evidence”: Federal Judge Denies Hunter Biden Motions to Dismiss Tax Charges in Stinging Rebuke” →

Media, Politics

Let it Go: Disney’s Litigation Against Florida Collapses as the Media Shrugs

It is a familiar pattern. Media outlets pick sides in a legal dispute and then distort the merits of the claims in favor of that party. In the fight between Disney and Florida, the media not only misrepresented a popular Florida parental rights bill (including falsely calling it the “Don’t Say Gay” law) but heralded Disney’s decision to enter the political fray to oppose the law. It then portrayed Disney’s legal moves to block state efforts to regain regulatory control over the company as brilliant and overwhelming. Some of us disagreed on all of those points, including the prospects of Disney’s ill-considered litigation strategy. Last week, that strategy collapsed with a settlement in which Disney decided to just “Let it go” and these same media outlets simply shrugged and moved on. Continue reading “Let it Go: Disney’s Litigation Against Florida Collapses as the Media Shrugs” →

Columns, Congress, Constitutional Law

The Return of Anthony Comstock: The Abortion Pill Case Raises a Law With A Dark and Troubling Past

Below is my column in the Hill on the return of the Comstock Act to the national debate. The controversial law came up in oral arguments over the access to the abortion pill in the Supreme Court. The history of the Act, and its namesake, remains a blot on our legal system. The repeal of the Comstock Act is long overdue.

Here is the column:

Continue reading “The Return of Anthony Comstock: The Abortion Pill Case Raises a Law With A Dark and Troubling Past” →

Politics, Religion, Society

Hopping Mad: Easter Becomes the Latest Flash Point in American Politics

It often seems like there is nothing left today that is not a battleground over our political and social differences. We can now add Easter. The Biden White House triggered a firestorm by picking Good Friday to announce that Easter Sunday will now be the “Transgender Day of Visibility.” At the same time, families objected to regulations on Easter egg designs, barring children from including any religious imagery or references on this religious holiday.  There are even objections to the use of eggs at the annual White House egg roll.

Continue reading “Hopping Mad: Easter Becomes the Latest Flash Point in American Politics” →

Academia, Constitutional Law

Minnesota Law School Drops Exclusion of Whites and Males from Diversity Scholarship

There is a curious resolution of a civil right complaint against University of Minnesota Law School over a diversity fellowship sponsored by the law firm of Jones Day. Despite being created by a law firm and administered by a law school, the fellowship violated federal law in excluding white and male applicants. The law school finally threw in the towel, but there remains an uncertainty over whether the school is engaging in a subterfuge by opening up the scholarship while retaining its original purpose. Continue reading “Minnesota Law School Drops Exclusion of Whites and Males from Diversity Scholarship” →

Uncategorized

RES IPSA HITS 80,000,000

crowd vj dayThis morning, Res Ipsa passed the 80,000,000 mark in views on the blog.  We have used these moments to give thanks for our many regular readers around the world and share our traffic data to give you an idea of the current profile of readers around the world. We do not have a running data page so these periodic postings allow our community to see the traffic profile of our blog. Because of the growth of the blog, we have gone from million to five million view markers. So let’s get at it. Continue reading “RES IPSA HITS 80,000,000” →

Congress, Criminal law, Media, Politics

Say It Ain’t So, Joe: The House Formally Invites President Biden to Testify in Impeachment Inquiry

House Oversight Committee chairman James Comer has sent a seven-page letter (below) to invite President Joe Biden to testify in the Republican impeachment inquiry. The letter is the latest, and best, reduction of the glaring contradictions in the President’s past statements on his family’s well-documented influence peddling operation. President Biden is not expected to testify. However, the media should be interested in his answering the questions presented by the Committee. It is now clear that the President lied during his campaign and during his presidency on his lack of knowledge of his son’s business activities as well as his denial of any money gained from China. Yet, the White House responded, again, with mockery — a sense of impunity that only exists due to an enabling media. Continue reading “Say It Ain’t So, Joe: The House Formally Invites President Biden to Testify in Impeachment Inquiry” →

Travel Blog

The Splendor of the Sawtooth

Yesterday, I shared some observations on the lovely town of Ketchum near Sun Valley, Idaho. Before I flew back to Washington, I had one adventure remaining. My new friends, Jenny Dupre and Brandon Kuvara, decided to take me on a snowmobile expedition to Redfish lake in the Sawtooth National Recreation Area. It was my first snowmobile experience and it will be hard to forget. As a lifelong hiker and backpacker, I am used to encountering nature on foot.  The snowmobile allowed us to cover a huge amount of territory in a long excursion. Continue reading “The Splendor of the Sawtooth” →

Constitutional Law, Criminal law

Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4.  Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. However, the opinion also rejected the invasion theory made by states under Article 1, Section 10 and the “State War Clause.” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. Continue reading “Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause” →

Hikes, Travel Blog

Ketchum, Idaho and the Beauty of Bald Mountain

Today I am returning from Sun Valley, Idaho and, as promised, I wanted to share a travel blog on this amazing place. This is the first of two blogs and will focus on the town of Ketchum. With only 3,873 residents, the town is the quintessential Western town with friendly people and an outdoor culture. There are an array of great restaurants, shops, and bars for skiers retiring from a day on the slopes. Located in Wood River Valley, the town contains the popular ski slopes at Bald Mountain. When I arrived, the final competition of the  U.S. Alpine Ski Championship was still being held. Continue reading “Ketchum, Idaho and the Beauty of Bald Mountain” →

Constitutional Law, Courts, Free Speech

The Gag and the Goad: Trump Should Appeal Latest Gag Order

New York Supreme Court Justice Juan Merchan this week became the latest court to impose a gag order on former president Donald Trump with a stinging order that found a history of Trump attacks that threatened the administration of justice. The order will bar public criticism of figures who are at the center of the public debate over this trial and the allegation of the weaponization of the legal system for political purposes, including former Trump counsel Michael Cohen, former stripper Stormy Daniels, and lead prosecutor Matthew Colangelo. Trump is still able to criticize Manhattan District Attorney Alvin Bragg and Merchan himself.  What is most striking is the protection of Cohen who continues to goad Trump in public attacks.

Continue reading “The Gag and the Goad: Trump Should Appeal Latest Gag Order” →

Res ipsa loquitur – The thing itself speaks