Judiciary

Notes on Roe v. Wade

Featured image I was in law school when Roe v. Wade was decided. Pretty much everyone was shocked because it was such a terrible decision. Someone took a poll of law professors and, as I recall, 85% said they thought the decision was wrong. Roe has had a negative impact on both the Supreme Court and on American politics. It set the precedent for regarding the Constitution not as a document, but »

State-Sponsored Discrimination: One Step Back, One Step Forward

Featured image Back in February we reported here on the federal district court ruling that the new “diversity” admissions process for the elite Thomas Jefferson High School in Alexandria, Virginia, had illegally discriminated against Asians. (Who do they think they are—Harvard?) The Fourth Circuit Court of Appeals has unfortunately granted a stay against the district court’s ruling pending further appeal, which means TJ can continue discriminating against Asians for next fall’s admissions: »

Breaking: Federal Court Finds Virginia Discriminated Against Asians

Featured image This afternoon a Federal District Court in Alexandria, Virginia, handed down a summary judgment in favor of parents who sued Fairfax County Public Schools for the recent changes in the admissions process for Thomas Jefferson High School, the extremely selective public high school that emphasizes math and science. The case, Coalition for TJ v. Fairfax County School Board, strikes a significant blow to race-conscious policies in education. The County Board had »

Biden’s Bad Bet on Race

Featured image Biden’s pledge to name a black woman—and only a black woman—to the Supreme Court is going down badly with Americans, a majority of whom are growing tired of the left’s relentless identity politics.  A new ABC News/Ipsos poll begins its report thus: A new ABC News/Ipsos poll finds that a plurality of Americans view the Supreme Court as motivated by partisanship, while President Joe Biden’s campaign trail vow to select »

Court Enjoins Biden’s Federal Employee Mandate

Featured image President Biden issued four orders purporting to require vaccinations in various populations. Two of those mandates have been addressed by the Supreme Court. The other two were challenged in a case brought in Texas by a group called Feds for Medical Freedom. Earlier today, U.S. District Judge Jeffrey Brown issued an order enjoining the federal government from enforcing Biden’s mandate that all federal employees be vaccinated, or lose their jobs. »

Great Moments in Media Probity

Featured image The media consults “experts.” And then get the story completely wrong. There’s a deeper story at work right now, and it is simply this: all the action on constitutional interpretation now is on the right—the reverse of circumstances of the Warren Court era in the 1960s, when elaborate new liberal theories beloved of the “living Constitutionalists” were spinning forth from law schools every day. Today’s reversal is not merely because »

The importance of a fairly-selected judiciary

Featured image Richard E. Myers II is the Chief District Judge of the United States District Court, Eastern District of North Carolina. He was nominated by Donald Trump and took office on January 1, 2021. Judge Meyers was born in Jamaica. He is of mixed race. Today, he testified before a congressional committee on the subject of “The Importance of a Diverse Federal Judiciary: The Selection and Confirmation Process.” I found his »

Sullivan’s last sally revisited

Featured image Judge Emmet Sullivan’s refusal to grant the government’s initial motion to dismiss the case against Michael Flynn commits a rank injustice that conflicts with the applicable law. One would never know from his behavior in the case that he is bound by canons of judicial ethics intended to protect the integrity of our system of justice and to deter the disgrace he has brought on the judiciary. Sullivan’s 43-page memorandum »

The Handwringing Tale

Featured image As mentioned here over the weekend, one reason among many that President Trump chose to appoint Amy Coney Barrett to the Supreme Court is that she’s already survived a Democratic attack, and one that was especially ugly in its overt anti-Catholic bigotry. Democrats with sense understand that a reprise of that attack will be a disaster for them. Over the weekend you could see various Democrats, including Nancy Pelosi and »

Karma Catches Up to Joe Biden

Featured image I’m starting to wonder whether I should believe in karma for real. There is something fitting about the fact that the Barrett nomination comes at the very moment that the person most responsible for blowing up judicial politics more than 30 years ago is the Democratic nominee for president—Joe Biden. There’s no way he can dodge questions at the first presidential debate next week about Barrett, and I hope Chris »

Thank Dems for the Barrett Nomination

Featured image Among the reasons President Trump has reportedly decided to appoint Amy Coney Barrett to the Supreme Court is that the Democrats already attempted to “Bork” her, but failed, and disgraced themselves in the process while elevating her public profile. Think I exaggerate? Check out this Tweet from Center for American Progress far-leftist Ian Millhiser: You can expect a lot of news reports over the next few days to re-run Sen. »

Who is John Gleeson, Part Two

Featured image Yesterday, I wrote about John Gleeson, the former judge enlisted by Judge Emmet Sullivan to advise him about whether to sentence Flynn, even though the prosecution has moved to dismiss its case. Sullivan knew what advice he would get because Gleeson had already written an op-ed calling on Sullivan to sentence Flynn. Sure enough, that’s the advice Gleeson offered. In yesterday’s post, borrowing from Bill Otis, I described how, as »

Who is John Gleeson?

Featured image John Gleeson is the former judge tasked by Emmet Sullivan, the judge in the Michael Flynn case, with talking him into sentencing Flynn in a case that the prosecution has moved to dismiss. One wonders whether any such “talking” is required, other than for the sake of appearances. In any event, Gleeson today filed his brief. He argues that Judge Sullivan should reject the government’s motion and continue the prosecution »

Should Trump be criticized for criticizing judges?

Featured image President Trump is under fire again for criticizing federal judges. His latest criticism of a judge comes in connection with Roger Stone’s case. I can’t discern a good reason for objecting to a president criticizing a judge. I didn’t like it when President Obama, in his State of the Union address, criticized a majority of Supreme Court Justices for their decision in Citizens United. But that was because of the »