Congress, Constitutional Law, Politics

Democratic Leaders Struggle to Explain Their Past Support for Unilateral Presidential War Powers

In Rage and the Republic, I quote former Rep. Jaamal Bowman (D., N.Y.) as capturing the essence of an age of rage when a colleague asked him to stop yelling outside of the House floor. Bowman responded, “I was screaming before you interrupted me.”

Bowman’s statement came to mind this week when Democratic members were miffed when they were interrupted in tirades over war powers with questions about their prior support for unilateral attacks by Democratic presidents. Leaders like Rep. Nancy Pelosi (D., Cal.) and Sen. Adam Schiff (D., Cal.) struggled to explain their prior support for President Barack Obama in doing precisely that in Libya with embarrassing results. Continue reading “Democratic Leaders Struggle to Explain Their Past Support for Unilateral Presidential War Powers” →

Constitutional Law, Courts, Free Speech, International

Prosecution of Maltese Man for Discussing Transition from Homosexuality Ends in Acquittal

We have been discussing the erosion of free speech rights across Europe, particularly within the European Union. The crackdowns on free speech in the United Kingdom, Germany, and France are often the focus of these columns. However, a recent case shows how smaller countries like Malta have joined this effort with a repressive vigor. Fortunately, the prosecution of Matthew Grech, 33, ended in acquittal this month, but not for a lack of effort by the government. The case should shock the conscience of anyone who values this “indispensable right.” Continue reading “Prosecution of Maltese Man for Discussing Transition from Homosexuality Ends in Acquittal” →

Academia

“A Rousing Defense of Liberty”: Princeton Historian Reviews “Rage and the Republic”

Princeton historian Professor Andrew Fagal has published the latest review of my new book Rage and the Republic: The Unfinished Story of the American Revolution. Dr. Fagal calls the book “a rousing defense of liberty.” Not surprisingly, given his accomplished career, the review in the Washington Examiner is insightful and informative, and I recommend it to readers. These reviews are opportunities for academic exchanges about the book, and Dr. Fagal raises a couple of historical points that I would like to address more fully. Continue reading ““A Rousing Defense of Liberty”: Princeton Historian Reviews “Rage and the Republic”” →

Academia, Free Speech

Virginia Democrats Move to Require Teaching Jan. 6th as an “Insurrection”

Virginia Democrats are moving to require teachers to tell students that Jan. 6th was an “insurrection” and effectively bar them from referencing “peaceful protests” or election irregularities. The characterization of the riot as an insurrection is historically and legally false. However, any parents who want to send their children to Virginia public schools would have to accept this form of indoctrination as part of their children’s education.

Continue reading “Virginia Democrats Move to Require Teaching Jan. 6th as an “Insurrection”” →

Congress, Criminal law

Sanctuary Offices? Moulton Under Fire for “Great American” Hidden in Office

Rep. Seth Moulton appears to have pulled a Hannah Dugan at the State of the Union. Where the Milwaukee judge helped an undocumented immigrant to escape her courtroom, Moulton reportedly hid Marcelo Gomes DaSilva in his office after he fled the SOTU following a text from DHS calling him out by name as being in the country illegally. In the meantime, new reports raise questions about his possible criminal record. Continue reading “Sanctuary Offices? Moulton Under Fire for “Great American” Hidden in Office” →

Politics

From Big Gulp to Big Gasp: Massachusetts Governor Fights for High-Sugar Beverages

Much of politics today seems to be driven by the source of policies. If President Donald Trump or his administration is for it, Democrats are against it. Democrats have pulled 180-degree turns from past support for unilateral military operations by Democratic Presidents to opposing government shutdowns. However, one of the most intriguing has been the opposition to Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., who has launched moves against unhealthy food additives and products. That was evident yesterday when Massachusetts Gov. Maura Healey (D) virtually declared war over his effort to press Dunkin’ Donuts and Starbucks over high-sugar drinks. Continue reading “From Big Gulp to Big Gasp: Massachusetts Governor Fights for High-Sugar Beverages” →

Constitutional Law, Politics, Society

In Loco Parentis: Supreme Court Decision Highlights Growing Problems with Parents in Blue States

In the law, the concept of In loco parentis refers to those who act in the place of parents. The problem is when that authority is taken rather than granted. It is a growing problem in blue states as parents push back on Democratic measures stripping them of notice or consent over their children in public schools. Continue reading “In Loco Parentis: Supreme Court Decision Highlights Growing Problems with Parents in Blue States” →

Constitutional Law, Politics

A Rock and a Hard Place: NY AG James Orders Hospital to Resume Gender-Transition Treatment for Minors

In a rare and controversial move, New York Attorney General Letitia James has ordered a Manhattan hospital to resume offering gender-transition treatment to transgender youth. NYU Langone had discontinued such treatments after funding threats from the Trump administration. It is now caught between the proverbial rock (HHS) and a hard place (NYAG). Continue reading “A Rock and a Hard Place: NY AG James Orders Hospital to Resume Gender-Transition Treatment for Minors” →

Constitutional Law, Courts, Politics, Supreme Court

Supreme Court Delivers Key Victory for Parental Rights in California

The Supreme Court on Monday issued an important order on its shadow docket in Mirabelli v. Bonta. The court granted an emergency appeal filed on behalf of Catholic parents by the Thomas More Society, blocking a state law that barred parental notification that their children had changed their gender identity. Continue reading “Supreme Court Delivers Key Victory for Parental Rights in California” →

Congress, Constitutional Law, International, Military, Politics

More Bark Than Bite: Kaine’s War Powers Resolution is an “Imminent” Failure

We now have a glimpse of the War Powers Resolution promised by Sen. Tim Kaine (D., Va.), which is reportedly scheduled for a vote in the Senate on Tuesday. The resolution purportedly ends all combat operations against Iran … until you reach the very end where there is a hole that you could drive a combat task force through. Continue reading “More Bark Than Bite: Kaine’s War Powers Resolution is an “Imminent” Failure” →

Columns, Criminal law, Politics

The Clintons and the Politics of Scandal

Below is my column in the Hill on the deposition of former President Bill Clinton and former Secretary of State Hillary Clinton. Democrats are now pledging retaliation once they take power by calling President Donald Trump. The rush to use the scandal for political advantage has already resulted in some embarrassing misfires.

Here is the column: Continue reading “The Clintons and the Politics of Scandal” →

Constitutional Law, Media

Court Rules for Washington Post Reporter in Major Win for the Press in National Security Case

There was an important ruling last week by Magistrate Judge William B. Porter of the Eastern District of Virginia in favor of the press regarding the handling of files and materials taken in a search of the home of a Washington Post reporter. Judge Porter ruled against the Trump Administration in what he called an “unsupervised, wholesale” search of the files of Hannah Natanson, who covers the federal government for The Post. Instead, the court itself will conduct the review in camera. Continue reading “Court Rules for Washington Post Reporter in Major Win for the Press in National Security Case” →

Columns, Congress, Constitutional Law

Fight or Flight: How Trump Boxed in Congress on War Powers

Congressional SealBelow is my column in Fox.com on the move this coming week to introduce a war powers resolution to end the attacks in Iran. The task, however, will be far more challenging in light of the escalation of hostilities. With the loss of American personnel, the choice is even more stark politically for these members. President Donald Trump has left Congress with only fight or flight options. Continue reading “Fight or Flight: How Trump Boxed in Congress on War Powers” →

Politics

California Strikes Out: Major League Pitcher Turns Down Padres $40 Million Offer Due to State Taxes

This week, “there is no joy in Mudville” – the mighty Padres have struck out.

The California Padres thought that they had secured Arizona Diamondbacks pitcher Merrill Kelly with an offer of $40 million for just two years. The Diamondbacks were offering that payout over three years, but Kelly took the Diamondbacks. The reason? California’s ruinous tax burden is fueling an exodus of wealthy taxpayers and businesses from the state. It is the latest example of how Democrats have reversed the Gold Rush with a long line of U-Hauls heading to more responsible states. Continue reading “California Strikes Out: Major League Pitcher Turns Down Padres $40 Million Offer Due to State Taxes” →