Law

NY jury rejects PA BS

Featured image There is at best one degree of separation between the Palestinian Authority or the PLO and the terrorist attacks carried out in Israel by Palestinian Arabs. A federal jury in Manhattan returned a verdict against the PA/PLO in favor of American plaintiffs injured as a result of terrorist attacks carried out in Israel between between 2002 and 2004. The New York Times reports: The Palestinian Authority and the Palestine Liberation »

Obama administration will seek a stay of adverse immigration ruling

Featured image There has been plenty of speculation about how the President Obama would respond to Judge Hanen’s order that blocks him from granting, via executive fiat, lawful status to millions illegal immigrants. Would the administration seek an expedited appeal or would it seek a stay of Hanen’s order? Might it do both? Or would Obama reverse his initial decision and simply defy the court order? This afternoon the Justice Department announced »

Will Obama’s immigration defeat be sustained — Part Two

Featured image In my post last night about the district court decision blocking President Obama’s executive order granting lawful status to as many as five million illegal immigrants, I did not discuss the important threshold issue in the case — whether the plaintiff states have standing to challenge the order. Judge Hanen found that they do. I believe this finding is well-reasoned and correct. Texas argued, and Judge Hanen agreed, that Obama’s »

Will Obama’s defeat on his immigration order be sustained?

Featured image When I first heard that Judge Andrew Hanen had blocked President Obama’s executive order granting lawful status to as many as five million illegal immigrants, I was inclined to downplay the ruling’s significance. Judge Hanen is an able jurist, but a conservative one, and only a district court judge. The opinions that truly matter will be rendered by less conservative judges further up the ladder. That’s still, perhaps, the best »

Cotton on Gitmo, Take 3

Featured image Last night, Sen. Tom Cotton appeared on Megyn Kelly’s Fox News program to respond to criticism of his statement that terrorists at Gitmo should “rot in hell.” Kelly asked Senator Cotton to address the specific (and entirely bogus) complaint by the attorney for the 9/11 mastermind that Cotton’s statement endangers American captives abroad). Scott posted Senator Cotton’s response here. After Senator Cotton’s appearance, Kelly trotted out Andrew Napolitano, Fox News’ »

Lying isn’t what it used to be

Featured image Lying used to be an offense that caused people to stop trusting and believing you. Now, it’s a “mistake” that’s to be weighed against the liar’s virtues before deciding if he is to be trusted. I noticed this in my law practice. When I first started out, you hit the litigation jackpot if you could show that the opposing party had lied about any semi-material fact. If you showed this »

Kane cant

Featured image We tuned in to the saga of Pennsylvania Attorney General Kathleen Kane (a Democrat) in three posts last year: “Culture of corruption,” followed by “Culture of corruption update” and “Philadelphia four run for reelection.” Kane appeared to me to be guilty of questionable professional conduct that she defended through the deployment of race and sex cards. Having killed an investigation of black Philadelphia officeholders when she assumed office, she accused »

Our “politicized” judiciary — let’s be thankful for it

Featured image How about this for a scoop: judges are more conservative on average than lawyers. That’s the conclusion reached by two political scientists — Adam Bonica of Stanford and Maya Sen of Harvard’s Kennedy School — based on an analysis of “the ideological positioning of nearly half a million judges and lawyers” as reflected in their campaign contributions. Bonica and Sen attribute this ideological mismatch to the “politicization” of courts that »

Loretta Lynch declines to answer

Featured image In her confirmation hearing last week, Attorney General nominee Loretta Lynch declined to elaborate her views on the president’s power to suspend enforcement of federal law. Obama has not only done so with respect to immigration law, he has established an administrative apparatus to implement the regularization of millions of illegals. Once upon a time, the illegality of such conduct would have been widely understood, relentlessly condemned and intensely resisted. »

Trust us, we’re the government, Obama administration tells Supreme Court [With Comment by John]

Featured image Earlier this month, the Supreme Court heard a case in which the Obama administration made the extraordinary claim that there can be no judicial review as to whether a government agency met a statutory prerequisite for filing a lawsuit. The case is Mach Mining v. EEOC. The Federalist Society asked me to report on the case via audiotape. My report is here. The Civil Rights Act requires the EEOC to »

Disparate impact’s day in court

Featured image Yesterday, the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. The issue presented is whether claims of “disparate impact discrimination” can be brought under the Fair Housing Act (FHA). As I explained here, disparate impact discrimination occurs when a policy disproportionately excludes or injures a particular group and the policy is not shown to be justified by legitimate interests. »

A day of reckoning for “disparate impact” housing discrimination cases

Featured image Next Wednesday, the Supreme Court will hear oral argument in a Texas case in which the issue is whether claims of “disparate impact discrimination” can be brought under the Fair Housing Act. The case is Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. “Disparate impact discrimination” occurs when a policy disproportionately excludes or injures a particular group and the policy is not shown to be »

Prosecute Petreaus?

Featured image The New York Times reports that FBI and Justice Department prosecutors have recommended bringing felony charges against Gen. David Petraeus. He would be charged with providing classified information to Paula Broadwell, an author and an officer in the reserves, with whom he was having an affair. Eric Holder reportedly is trying to make up his mind on whether to prosecute. Petraeus denies that he gave classified information to Broadwell. However, »

Eric Holder invents rights for the transgendered

Featured image Christian Adams reports that Eric Holder has issued a decree stating that cross dressing and transsexualism are now protected under federal civil rights laws designed to protect women from sex discrimination. According to Holder, the “most straightforward reading” of Title VII’s bar on discrimination ‘because of … sex’ — indeed, the “plain meaning” of its text — is that it bars discrimination “based on gender identity, including transgender status.” Therefore, »

James Risen would prefer not to; Eric Holder must decide what he prefers

Featured image James Risen is the New York Times reporter who, on several occasions, has materially harmed the United States with his reporting on top secret affairs. As Scott Johnson has written, “If you are a disgruntled intelligence officer or official and want to preserve your anonymity while undermining a top secret program or aiding the enemies of the United States, Risen is your go-to guy.” Scott went on to document this »

Harvard and Yale law deans embarrass themselves with mindless op-ed

Featured image Martha Minow, dean of Harvard law school, and Robert Post, dean of Yale law school, have written an op-ed in the Boston Globe about the need to “regain trust in the legal system” following the grand jury “no-bills” in the Michael Brown and Eric Garner killings. It’s a shockingly bad piece, devoid of both evidence and argument. The thesis of the op-ed is that in the criminal justice system, at »

Columbia law school and “existential worry”

Featured image I thought I had covered every angle of interest to me in the story about Columbia law school postponing the exams of law students “traumatized” by two grand jury no-bills. But the New York Times article that John linked to prompts an additional line of thought. Here is what one Columbia law student, a Latino, told the Times: “The word ‘trauma’ is sort of being misunderstood. It’s not a trauma »