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 »

DOJ sues California over sanctuary state measures

Featured image The Justice Department has filed suit against the state of California over its policies that protect illegal immigrants from U.S. immigration authorities. The lawsuit challenges the legality of three separate California laws. First, the California Values Act (SB 54) strictly limits state and local agencies from sharing information with federal officers about criminals or suspects unless they have been convicted of serious crimes. Second, the Immigrant Worker Protection Act (AB »

A victory for the law: Maryland judge upholds DACA phaseout

Featured image Yesterday, Judge Roger Titus ruled that President Trump’s phaseout of the Obama-era DACA program is legal. Judge Titus is a senior federal district court judge for the district of Maryland. He’s one of the best district court judges I ever practiced before. However, it would take only a moderately able, fair-minded judge to rule as Judge Titus did in this case. Judge Titus’ opinion is here. It takes a few »

Losing my religion

Featured image Our robed masters have really made their presence felt on the lower federal courts in their treatment of President Trump’s three so-called Muslim travel ban orders. The Supreme Court will have the final word and it is in light of the Court’s prospective final word in Trump v. Hawaii that David Rivkin and Lee Casey declared last week in the Wall Street Journal (at least according to the overoptimistic headline) »

CIA: Public can’t see classified info given to favored reporters

Featured image Earlier this week, the CIA filed a brief in federal court arguing that it can selectively release classified information to trusted journalists while withholding the same information from other citizens who request it through open records laws. As Will Racke reports for the Daily Caller, the agency claimed that limited disclosures to reporters do not waive national security exemptions to Freedom of Information Act (FOIA) requests. The case stems from »

Adventures in administrative law

Featured image I wrote about the problem of the administrative state in “A new old regime,” my review of Philip Hamburger’s audaciously great book Is Administrative Law Unlawful? (Plot spoiler: the answer is yes.) Even with a lot of help from my friends at the Claremont Institute, it took me a long time to understand the problem. Professor Hamburger expedited the process. The problem is the unconstitutionality, unwisdom, unaccountability, and lawlessness inherent »

Pretending our way to decline

Featured image I had hoped that the idiotic left-wing outrage at Attorney General Sessions’ use of the term “Anglo-American law enforcement” would dissipate without making it into mainstream discussion. The fact that former President Obama has referred to the Anglo-American nature of our justice system seemed to support my hope. No such luck. This morning, I heard NPR pretend there is a legitimate racism story here. So did ABC News and the »

A dog-whistle for the hysterical and unlettered

Featured image CNN reports that during his speech today to the National Sheriff’s Association, Attorney General Sessions said this: I want to thank every sheriff in America. Since our founding, the independently elected sheriff has been the people’s protector, who keeps law enforcement close to and accountable to people through the elected process. The office of sheriff is a critical part of the Anglo-American heritage of law enforcement. Outrage followed. Not from »

A genius for friendship

Featured image Abraham Lincoln stands not only as America’s greatest president but also as its greatest lawyer. At the time of his election to the presidency in 1860 he was the most prominent practicing lawyer in the state of Illinois. As a politician and as president, Lincoln was a profound student of the Constitution and constitutional history. Perhaps most important, Lincoln was America’s indispensable teacher of the moral ground of political freedom »

Keep calm and Comey on

Featured image CNN, USA Today, the Daily Caller, Judicial Watch and other outlets brought a Freedom of Information Act lawsuit against the FBI to obtain copies of the memos former FBI Director James Comey wrote to document his conversations with President Trump. Comey, you may recall, strategically leaked a memo or two to his friend Daniel Richman, a professor at Columbia Law School, under orders to leak the contents to the New »

The wrong side of Z Street

Featured image If there was a federal agency that Barack Obama did not corrupt, it must be because it was corrupt when he took over in 2009. The corruption of the IRS is a case in point. Its criminal misconduct perfectly represents what Obama wrought in the agencies that he charged with dictating the way we live. Consider the case of Lori Lowenthal Marcus and Z Street. Z Street is Lori’s pro-Israel »

“The Right to Say Goodbye”??

Featured image Did you know that you have a fundamental constitutional right to say goodbye? You do according to Federal District Court Judge Katherine B. Forrest (an Obama appointee). I guess that right was another one of those rights hiding in the emanations and penumbras of the 14th Amendment, or something. On Monday Judge Forrest ordered the release from custody Ravidath Ragbir, an alien who ICE had detained and was preparing to »

Performance justice

Featured image Yesterday, a Michigan judge sentenced Larry Nassar, the USA gymnastics physician who sexually assaulted 150 women, to a 175-year prison term. Good. The punishment fits the crime. However, the judge, Rosemary Aquilina, meted out the sentence in a disturbing, over-the-top performance. She couldn’t stop talking about herself. We heard about her family, her dogs, her ethnic background (Maltese and German, in case you were wondering), her military service, her soccer »

DOJ seeks to bypass Ninth Circuit in DACA case

Featured image The Department of Justice said today that it will ask the Supreme Court to review immediately the ruling of a California federal judge (William Alsup) ordering the government to restart the DACA program. Normally, the appeal from that ruling would be heard by the ultra-liberal U.S. Court of Appeals for the Ninth Circuit. However, the DOJ seeks to proceed directly to the Supreme Court. As long-time Supreme Court reporter Lyle »

The two Martin Luther King Jrs

Featured image Today being Martin Luther King’s birthday, I took time off from thinking about the dossier/s***thole and read an essay written for the Heritage Foundation by Peter C. Myers: “The Limits and Dangers of Civil Disobedience: The Case of Martin Luther King, Jr.” I recommend it. Myers argues: (1) America’s founding principles of natural rights and the rule of law permit the practice of civil disobedience narrowly conceived. (2) American civil »

Comey speaks

Featured image The FBI’s counterintelligence investigation of alleged Trump campaign “collusion” with Russia has now been taken over by Special Counsel Robert Mueller. The investigation seems to have involved abuse of the Foreign Intelligence Surveillance Act in general and section 702 in particular, under which the National Security Agency’s warrantless surveillance program operates. Under the leadership of James Comey, the FBI appears to have conducted wayward surveillance of the Trump campaign. If »

Defer this

Featured image Yesterday Judge William Alsup entered an order preliminarily enjoining the Department of Homeland Security against enforcing the Trump administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program implemented by the Obama administration. Judge Alsup is a Clinton appointee to the United States District Court for the Northern District of California. It seems to me that Judge Alsup’s order is of a piece with the other lower federal courts »