Law

Judge rules against Trump on Twitter blocking

Featured image Yesterday, Judge Naomi Reice Buchwald, a Clinton appointee, ruled that President Trump violated the First Amendment by blocking certain followers because of the views they expressed. Judge Buchwald found Trump’s blocking to be “viewpoint discrimination,” which it is, and held that Trump is not exempt from constitutional obligations to refrain from such conduct. Then came the obligatory incantation: “No government official — including the President — is above the law.” »

Supreme Court sports gambling decision is victory for federalism. What about sanctuary cities?

Featured image Today the Supreme Court ruled that a federal law barring states from legalizing sports betting violates the “anti-commandeering doctrine.” That doctrine is part of the Supreme Court’s federalism jurisprudence. It holds that the federal government cannot “commandeer” the states to enforce federal laws or policies. The decision was 7-2 on the core constitutional question of whether the federal law in question — the Professional and Amateur Sports Protection Act (PASPA) »

All that’s wrong with the left in one Politico article

Featured image Did Politico’s Evan Mandery set out to expose the authoritarian nature of the American left in this article called “What Happened to Alan Dershowitz”? I’m not sure. Regardless, he has done a good job of it. Here are the key passages: Over this storied career, Dershowitz’s public persona has remained more or less unchanged: loud, provocative, brilliant and principled, if also relentlessly self-promoting. And, until recently, his positions have been »

A cynical moan about leaving the Iran deal

Featured image President Trump’s decision to withdraw from the nuclear deal has produced much hand-wringing from its supporters. Some of the angst is understandable. Former administration officials and many in the foreign policy establishment thought the deal was our best option for dealing with the threat of Iran developing nuclear weapons. I don’t agree, but acknowledge that the path Trump has chosen carries considerable risks (as, of course, did Obama’s). However, one »

Did John Kerry violate the Logan Act?

Featured image As President Trump seriously contemplated ending U.S. participation in the Iran nuclear deal, John Kerry, the deal’s main architect, reportedly met multiple times with Iranian Foreign Minister Javad Zarif and with German President Frank-Walter Steinmeier and French President Emmanuel Macron. Did Kerry thereby violate the Logan Act? That Act provides: Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly »

Judge Ellis is on the case

Featured image Tim Ellis was a young partner at the law firm I started with when I left the government in the early 1980s. I worked with him briefly on a pro bono matter. The matter wasn’t active long enough for me really to get to know Ellis, but there was no doubting his inquisitiveness, thoroughness, doggedness, and strong sense of justice. I don’t think Ellis would have won any popularity contests »

Mueller’s got a secret

Featured image Senior United States District Judge T.S. Ellis III has been assigned one of the pending criminal cases — the one transferred to the Eastern District of Virginia — brought by the Special Counsel against Paul Manafort. In a hearing on the motion brought by Manafort to dismiss the charges as beyond the authority of the Special Counsel, Judge Ellis unloaded. As James Freeman puts it in his Best of the »

New frontiers in racial bias

Featured image Minneapolis’s Star Tribune dominates news coverage in the Twin Cities by setting the agenda for the rest of the local media. To the extent that it has influenced Minnesota politics — and its effect is certainly not insubstantial the left-wing tilt of its news coverage and opinion pages has done untold damage. Today’s Star Tribune story by Chris Serres on “racial bias” in child protection shows how it can be »

Supreme Court skeptical of attack on Trump travel ban

Featured image The Supreme Court heard oral argument today on President Trump’s proposed ban on travel to the United States from a handful of countries nearly all of which happen to be predominantly Muslim. Things went considerably better for the attorney defending the travel ban (Solicitor General Noel Francisco) than for the attorney challenging it (Neal Katyal). The New York Times’ account is here. This is the report of ScotusBlog’s Amy Howe. »

Our robed master Bates speaks

Featured image Paul Mirengoff frequently refers to “our robed masters” in the federal judiciary. Yesterday our robed master Bates of the United States District Court for the District of Columbia administered the latest in a series of legal defeats to the Trump administration’s effort to rescind the Obama administration’s unconstitutional program to regularize illegal immigrants by executive decree. The New York Times’s Miriam Jordan gives an account of the ruling in “U.S. »

McCabe says he’ll sue Trump for defamation

Featured image Andrew McCabe reportedly is planning to sue for wrongful termination and defamation. The defendant in his wrongful termination suit would have to be the government, I think. The defendant is his defamation suit apparently would be President Trump. McCabe’s lawyer says Trump has engaged in “continuing slander” against the former FBI man. I don’t know what specific “slanders” McCabe’s lawyer is referring to, but a defamation suit against Trump would »

Perez promotes lawsuit: “No one is above the law”

Featured image We receive DNC emails addressed to “Rachelle” at our Power Line gmail account. Tom Perez and Keith Ellison are both on a first name-basis with Rachelle, whoever she is. Today’s correspondence promotes the DNC lawsuit against the Russian government, the Trump campaign and other defendants. The element of projection looms large in Perez’s message, as always in the recurring themes of the Democratic Party. The message announces “We’re suing the »

The DNC goes to court

Featured image The Democratic National Committee has just filed a civil lawsuit seeking millions of dollars in damages against the Russian government, WikiLeaks, the Trump campaign, and a supporting cast of thousands arguing that the parties conspired to influence the 2016 presidential campaign. The lawsuit is filed in federal court in the Southern District of New York (Manhattan). The DNC alleges a multitude of claims including conspiracy and violations of everything from »

Court shoots down Acosta DOL’s attack on religious freedom

Featured image We have seen that, from a conservative perspective, the Alex Acosta Department of Labor is bad on immigration, bad on equal pay, and weak on at least one important wage and hour law issue. Now we learn that it is also bad on religious liberty. We learn this from the case of Acosta v. Cathedral Buffet, Inc.; Ernest Angley. In this action, the Department of Labor sued a restaurant operated »

The Disgrace at CUNY Law School

Featured image Following up on Tuesday’s dispatch about the recent disgrace at Beloit College, today comes news of an even more disgraceful outrage at CUNY Law School. Josh Blackman of South Texas College of Law, a fine legal mind and author of many excellent legal articles as well as cogent popular articles for National Review Online and elsewhere, was invited by the CUNY Federalist Society chapter to speak on free speech. The »

The Theranos case

Featured image John Carreyrou is the Wall Street Journal investigative reporter who broke the story of fraud perpetrated by the Siicon Valley startup company Theranos and by its founder, Steve Jobs wannabe Elizabeth Holmes. Holmes had supposedly invented a breakthrough blood-testing technology. At one point the company was valued in the vicinity of $9 billion. There was just one problem. The vaunted technology didn’t work as represented. Maya Kosoff mentions Carreyrou’s contribution »

EEOC and left-wing judges strike a blow against religious freedom

Featured image The U.S. Court of Appeals for the Sixth Circuit has agreed with the EEOC that a funeral home engaged in unlawful discrimination when it fired a male funeral director who was “transitioning” to female and dressing as a woman at work. The case is EEOC v. Harris Funeral Homes. The opinion is by Karen Nelson Moore, a Clinton appointee and one of the most left-wing federal appeals court judges in »