Constitutional Law, Media, Torts

Trump Wins Major Ruling in Defamation Lawsuit Against BBC

President Donald Trump’s lawsuit against the BBC for defamation just received a green light from a federal judge to go forward to trial. Judge Jeffrey Kuntz (S.D. Fla.) ruled in Trump v. BBC that the media outlet must stand trial for splicing together lines from Trump’s January 6th speech to make it seem more violence-inducing before the riot at the Capitol. Judge Kuntz, however, rejected a claim under the Florida Deceptive and Unfair Trade Practices Act. The biggest challenge for the court may be whether it can seat jurors who can overcome the case’s underlying political elements.

Continue reading “Trump Wins Major Ruling in Defamation Lawsuit Against BBC” →

Constitutional Law, Politics, Supreme Court

Mullin’ Over the Separation of Powers: Justice Jackson Again Stands Alone

In Mullin v. Friends of Ruidosa Church, the Supreme Court just lifted the injunction on the Administration’s effort to go forward with the completion of a border wall through the Big Bend region of West Texas. The issue should not be the policy merits. There are good-faith arguments against the wall in such areas. Indeed, outgoing Sen. John Cornyn (R-TX) wrote an op-ed against the project. However, the sole question before the Court was the authority of a president to order the construction and use of statutory waivers to do so. Eight out of nine justices voted that “the Government is exceedingly likely to prevail on its argument that the District Court lacked jurisdiction.” Once again, the sole holdout was Justice Ketanji Brown Jackson, who did not explain her position. Continue reading “Mullin’ Over the Separation of Powers: Justice Jackson Again Stands Alone” →

Constitutional Law, Supreme Court

“Crazy Things”: Sotomayor Declares that She Hopes to Overturn the Presidential Immunity Decision

After telling an audience at Mount Vernon that “we saw the outpouring of voters in on Tuesday,” Supreme Court Justice Sonia Sotomayor told them that she hoped to see the reversal of various conservative opinions starting with the presidential immunity decision in Trump v. United States. Continue reading ““Crazy Things”: Sotomayor Declares that She Hopes to Overturn the Presidential Immunity Decision” →

Columns, Constitutional Law, Politics, Supreme Court

The Reverse Ginsburg Scenario: Democrats May Only Need to Wait Rather than Pack the Court

Below is my column in the Hill on one possible impact of the midterm elections: the possible shift of the Court to a liberal majority by simple attrition rather than packing. The decision of Justices Clarence Thomas and Samuel Alito to remain on the Court will make the election in 2028 an existential fight for the Court and other core institutions in this country.

Here is the column: Continue reading “The Reverse Ginsburg Scenario: Democrats May Only Need to Wait Rather than Pack the Court” →

Constitutional Law, Politics, Society

The Democrats Move to Nullify the Electoral College Before the 2028 Election
Constitutional Law, Courts, Supreme Court

Backfire: Cook County State’s Attorney Seeks Dismissal of Key Gun Case Before Oral Argument
I have previously written how Chicago and New York have been the gifts that keep giving for the gun rights community in supplying a line of flagrantly unconstitutional gun laws that have resulted in major wins before the Supreme Court. On December 2, 2026, the Supreme Court is poised to hear oral arguments in Viramontes et al. v. Cook County, Illinois, et al., on the constitutionality of another gun ban involving semi-automatic rifles. Cook County State’s Attorney Eileen O’Neill Burke has filed a last-minute effort to dismiss the case that may actually backfire in emphasizing the very aspect of the case with the greatest potential vulnerability for Chicago and gun control advocates. Continue reading “Backfire: Cook County State’s Attorney Seeks Dismissal of Key Gun Case Before Oral Argument” →
Courts, Criminal law, Supreme Court

The Justice Department Moves Forward with Grand Jury Investigation into Dobbs Leak

The Administration is reportedly moving forward with a grand jury investigation into the leak of the Dobbs decision on May 2, 2022. The timing is critical given the default statute of limitations of five years. The grand jury has issued subpoenas in an investigation led by U.S. Attorney for the District of Columbia Jeanine Pirro. It is welcome news for many of us who continue to worry about this leak’s impact on the institution and its unique culture. Continue reading “The Justice Department Moves Forward with Grand Jury Investigation into Dobbs Leak” →

International, Politics

“Dissatisfaction with Democracy”: China Celebrates the Midterm Elections as Evidence that Democracy is Dying in the West
Winston Churchill once famously observed that “No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of Government, except for all those other forms that have been tried from time to time.” His observation came to mind this week after China’s state-run Global Times wrote an article in the wake of the U.S. midterms that celebrated the imminent death of democracy, noting that “the ‘myth’ of Western-style democracy is losing its appeal, even in the West.” It appears that Americans are ready to embrace the simplicity and tranquility of Mao-like single-party rule.  After all, Hasan Piker already has the Mao jacket to go with the rise in support for socialism and the nationalization of industries.

Continue reading ““Dissatisfaction with Democracy”: China Celebrates the Midterm Elections as Evidence that Democracy is Dying in the West” →

Politics, Society

“That’s What I Know”: 70-Year-Old Poet Slaps Turning Point Poll Worker in New Hampshire

If Boris Pasternak is right that “no bad man can be a good poet,” it does not say much for the work of Stephen Redic. The 70-year-old poet was caught on videotape verbally abusing a young Turning Point member in New Hampshire at a polling area and then slapping him. The victim did nothing to provoke Redic, who became unhinged by Rainer Vesey who was engaging bystanders with a chance to debate issues in this election. The videotape is another example of the rising rage where some irate voters believe that they have a license to engage in political violence.

Columns, Congress, Politics

A Dangerous Woman: Democrats Adopt Soviet Rhetoric to Condemn Stevens as Mentally Ill

Below is my column in the New York Post on the growing attacks on Haley Stevens for daring to oppose Abdul El-Sayed as anti-Semitic. The response is all too familiar to Republicans. She has been denounced as mentally unstable and a danger to others in the party.

Here is the column: Continue reading “A Dangerous Woman: Democrats Adopt Soviet Rhetoric to Condemn Stevens as Mentally Ill” →

Congress, Criminal law, Politics

“Lawyer Up”: Democrats Prepare to Unleash Political Rage in Congress

Within minutes of the Democrats retaking power in the House of Representatives, Rep. Robert Garcia (D-CA), the expected chair of the House Oversight Committee, just posted a menacing two-word message: “Lawyer up.” Across the country, far-left politicians and pundits immediately demanded a spasm of investigations and impeachments as soon as they assume control of both houses. Like a nation of Madame Defarges, activists are eagerly knitting the names of targets into the lists of the walking dead, starting with Haley Stevens, who decided to test the “big tent” claims by splitting her ticket to vote against Abdul El-Sayed. Continue reading ““Lawyer Up”: Democrats Prepare to Unleash Political Rage in Congress” →

Academia, Criminal law, Politics

Students Charged in Michigan and Utah for Assaulting Conservatives on Campus

The political violence on campuses continued this week, with students at the University of Michigan and the University of Utah charged with criminal assaults on conservatives. For years, some of us have written about the increasingly radical environment in higher education where faculty have gradually eliminated conservatives and libertarians from departments. Continue reading “Students Charged in Michigan and Utah for Assaulting Conservatives on Campus” →

Politics, Society

Poll: More Democrats Now Support Socialism Over Capitalism

The divisions in this election are deep and widening across the country. When I called this “an age of rage” years ago, I noted that the rage historically tends to burn off in time. We are clearly still at the flow rather than the ebb stage as rage politics continues. However, the most worrisome elements of this period are fundamental changes being demanded to our constitutional and economic systems. A new poll by The Economist/YouGov is consistent with other polls showing rising support among Democrats for socialism. More Democrats (38%) prefer socialism to capitalism (25%). Other polls show 60% had a favorable view of socialism and only 32% had favorable views of capitalism. Continue reading “Poll: More Democrats Now Support Socialism Over Capitalism” →

Columns, Lawyering, Politics

Alaska’s Decoy Scandal Brings Back the Usual Suspects for Shady Election Tactics
(MSNBC/via YouTube)

Below is my column on the return of Marc Elias in another campaign controversy with the Alaskan decoy scandal. The Elias Law Group and other lawyers were tied to the effort to confuse Alaskan voters by The New York Times in its recent investigative report. These lawyers presumably have a growing conflict of interest as dozens of subpoenas shower down on Alaska. What is clear is that this scandal will not end on Tuesday and, if the results are close in favor of Democrat Mary Peltola, there could be a major fight over her taking her seat in the Senate.

Here is the column: Continue reading “Alaska’s Decoy Scandal Brings Back the Usual Suspects for Shady Election Tactics” →

Res ipsa loquitur – The thing itself speaks