Law

Supreme Court to hear executive amnesty case

Featured image The Supreme Court decided today to review a decision adverse to the government in the legal challenge to President Obama’s overhaul of the nation’s immigration rules. At issue is a program that would allow as many as five million illegal immigrants who are the parents of citizens or of lawful permanent residents to apply for a program under which they would receive work permits and avoid the possibility of deportation. »

How the jury voted in the first Freddy Gray case

Featured image Ever since the trial of Officer William Porter in connection with Freddy Gray’s death ended with a hung jury, I’ve been dying to know how the jury voted. Now, the the Baltimore Sun, tells us: The jury in the trial of Baltimore Police Officer William G. Porter was one vote from acquitting him of involuntary manslaughter in the death of Freddie Gray, the most serious charge he faced, according to »

What’s up with the Senate Judiciary Committee? Part Two

Featured image Today, the Senate easily confirmed the nomination of Luis Felipe Restrepo to the U.S. Court of Appeals for the Third Circuit. Restrepo spent years as a public defender and in private practice as a criminal defense and “civil rights” attorney. An obvious left-winger, he naturally had the enthusiastic support of groups of that persuasion. Before the vote on Restrepo, Sen. Charles Grassley, the Chairman of the Senate Judiciary Committee, made »

Appeals court stays key order in Freddy Gray cases

Featured image I wrote here about Judge Barry Williams’ order that Officer William Porter, who is awaiting retrial, will have to testify against colleagues who also are charged in the Freddy Gray cases. Porter argued that the Fifth Amendment gives him the right not to testify, inasmuch as he is still in legal jeopardy and his testimony might tend to incriminate him, but the judge rejected this contention. As I noted, Porter’s »

A rough ride for justice in Baltimore?

Featured image The Baltimore prosecutors bringing criminal charges against the officers involved in the death of Freddy Gray won an important victory today. The trial judge ruled that Officer William G. Porter, who is awaiting retrial, will have to testify against colleagues who also are charged in the Gray matter. Porter had argued that the Fifth Amendment gives him the right not to testify, inasmuch as he is still in legal jeopardy »

A personal look back

Featured image This past December brought to mind some of the happiest parts of my life. John Hinderaker’s retirement party accounted for a good share. Working with John turned into a friendship that has changed my life for the better. The party took me back to our professional relationship. We started writing columns and articles together on the side of our law practice at the end of 1991. In his usual style, »

A new old regime revisited

Featured image I reviewed Philip Hamburger’s book Is Administrative Law Unlawful? for National Review last year in “A new old regime” and wrote about it a lot on Power Line, including an interview with Professor Hamburger that is posted here. The book bowled me over. I think it is the most important book I have read in a long time. Not the most pleasurable, but the most important. I have been interested »

The Schlong Also Rises

Featured image Donald Trump has proved himself to be a man with substantial insight into the mind of the average Republican voter, a category in which I place myself (in case that’s not obvious from my comments here over the past many years). Having made illegal immigration and American greatness the primary themes of his campaign, he floated to the top of a competitive field and has if anything continued to increase »

What’s up with the Senate Judiciary committee?

Featured image It’s not always easy these days to tell which party controls the Senate Judiciary Committee. That’s never a problem when the Democrats have a majority in the Senate. In this circumstance, Senator Patrick Leahy leaves no room for doubt, holding hearings to push liberal causes and, if there’s Republican administration, to harass it to the maximum extent possible. With Republicans in the majority and Charles Grassley chairing the committee, it’s »

Goodbye Faegre, hello CAE [with comment by Paul][and Updated With John’s Responses to Comments]

Featured image At the end of this month, John Hinderaker will retire from the practice of law at Faegre Baker Daniels (formerly Faegre & Benson) after 41 years. He’s not simply retiring, however, he is also moving on to take over as president of the Center of the American Experiment in Minneapolis. John has had an illustrious and accomplished career at the firm. I overlapped with John for 16 years, working next »

The chasm between law and anarchy

Featured image Ruth Marcus asks: “Will the Supreme Court add to campus turmoil?” That’s the title of her op-ed and also her concluding thought, which she addresses specifically to Justice Kennedy. Consider this the latest example of liberal journalists trying to shame this or that justice into toeing the liberal line. Marcus claims not to be “a fan of the current wave of college protests.” Yet, she isn’t above using the protests »

Scalia and the MSM — a mismatch [UPDATED]

Featured image Yesterday, during the oral argument in Fisher v. University of Texas at Austin, Justice Scalia raised the issue of “mismatch.” This is the phenomenon, identified by scholars Richard Sander (along with legal affairs writer Stuart Taylor) and Gail Heriot, whereby students admitted to top colleges with lower credentials than their classmates tend to struggle academically to their detriment. As Sander says: There are now dozens of careful, peer-reviewed studies that »

Fisher in Wonderland

Featured image Today’s oral argument before the Supreme Court in Fisher v. University of Texas at Austin had an Alice in Wonderland quality to it. But I suppose that became inevitable when the Court granted universities permission to discriminate in admissions on the basis of race in the name of “diversity.” Much of the time of Fisher’s lawyer, who is challenging the way the University used of racial preferences to exclude his »

A return to the future for racial preferences at the Supreme Court

Featured image This week marks the half way point of the 25 year period after which Justice O’Connor famously said, “We [the Supreme Court] expect that. . .the use of racial preferences will no longer be necessary.” As if to commemorate the occasion, the Supreme Court tomorrow will hear argument in Fisher v. University of Texas at Austin in which the use of race in the University’s undergraduate admissions program is under »

Would a terrorist shooter get a fairer trial than the Freddie Gray six?

Featured image Here’s a thought experiment. Imagine that a surviving member of a team that killed more than a dozen people in San Bernardino is brought to trial in San Bernardino. Imagine that outside the courthouse, angry protesters are demonstrating and that their chants can be heard in the very courtroom where the trial is occurring. Finally, assume (as seems to be the case) that this was a terrorist attack, and that »

Should a Jew rent from Avis? Part Two

Featured image Avis has apologized for not renting a car this past weekend to Dov Bergwerk, an Israeli business executive and frequent Avis customer. I described Avis’ refusal here. Avis issued the following statement: We have investigated the denial of a rental that recently occurred in Manhattan. We have found that we have been inconsistent in applying our policies with respect to documentation requirements with this customer, who has rented from us »

Another defeat for Obama’s executive amnesty

Featured image The United States Court of Appeals for the Fifth Circuit today ruled that President Obama cannot move forward with his plans to overhaul immigration rules by providing up to five million people with work permits and protection from deportation (not that the government is actually going to deport any of these people). This represents the latest blow to Obama’s unlawful effort, in effect, to charge immigration law without the consent »