Democrats appear to be adopting an “impeach-them-all-and-let-God-sort-them-out” approach to the upcoming session of Congress.
Rep. Alexandria Ocasio-Cortez (D-NY) suggested this week that Democrats may want to impeach United States Supreme Court justices because “you know, they kind of legalized a lot of his criminality.”
Richard Posner, called by many “the father of Law and Economics,” has passed. He was 87. Posner is one of the most prolific and influential legal intellectuals in history. I have taught his economic theories for decades. His contribution to American law is immense and generational. Both a towering academic and judicial figure, Posner changed our understanding of the law and left an unparalleled corpus of work, including dozens of major cases and books.
Continue reading “Richard Posner, Legal Legend and American Intellectual, Dies at 87”
Seattle Mayor Katie Wilson announced that she and the city would back the Seattle School Board’s unanimous vote to begin legal action to block enforcement of Initiative 638, which requires separating boys and girls in K-12 sports in Washington state. Voters overwhelmingly approved the initiative in 36 of the state’s 39 counties. Critics have charged that Wilson and other Seattle Democrats are seeking to negate the popular vote after campaigning on “saving democracy.” The greater challenge, however, is the legal basis for such an action in light of recent Supreme Court rulings. Continue reading “Seattle Mayor and School Board Support Legal Action to Block State Referendum on Transgender Athletes”
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”
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”
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”
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”
This afternoon, I did the Billy Goat Trail with my daughter on a perfect Fall day and wanted to share some photos from the gorgeous hike.
Below is my column in Fox.com on the move by Democrats to change the Electoral College before the 2028 election. Once a critic of the college, I began to change my own views years ago while writing Rage and the Republic and exploring the growing challenges to our constitutional system. If successful, the move could effectively nullify the Electoral College and give high-population, blue states a dominant position in selecting presidents. The result could lead to the realization of long-awaited changes to our constitutional system that could guarantee effectively one-party rule for years to come.
Here is the column: Continue reading “The Democrats Move to Nullify the Electoral College Before the 2028 Election”
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” 
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”
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.
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.
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”
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”