Judiciary

Judge Ho’s modest proposal

Featured image Fifth Circuit Judge James Ho has a modest proposal to resist the cancel culture of legal education. Commencing with next year’s incoming class at Yale Law School, he is adopting a Yale boycott. He declines to hire YLS graduates as law clerks. I drew on the text of his keynote speech to the Federalist Society Kentucky Chapters Conference to flesh it out here. Toward the end of his talk Judge »

Laurence Silberman, RIP

Featured image Two weeks ago Judge Laurence Silberman traveled to Hanover, New Hampshire, to meet up with classmates celebrating their sixty-fifth reunion at Dartmouth College. While in town Judge Silberman gave a Constitution Day talk defending free speech under the auspices of the college’s Rockefeller Center. We posted a link to the text published by the Wall Street Journal and the related video of the event over the weekend in “Bravo, Judge »

Bravo, Judge Ho

Featured image NRO’s Nate Hochman obtained a copy of Fifth Circuit Judge James Ho’s keynote address to the Kentucky Chapters Conference of the Federalist Society and reports on it in “Federal Judge Vows to Stop Hiring Law Clerks from Yale Law School.” Judge Ho’s address — “Agreeing to Disagree — Restoring America by Resisting Cancel Culture” — cited a number of high-profile examples of speakers being shouted down or otherwise censored at »

In free lunch fraud: Judge calls out Walz & Star Tribune

Featured image Yesterday I posted Ramsey County District Judge John Guthmann’s Order and accompanying Memorandum that Governor Tim Walz has alleged compelled his administration to keep pouring money out to the Feeding Our Future fraudsters. On Thursday Judge Guthmann authorized release of a statement calling out Walz for this lie and the Star Tribune for regurgitating it. John wrote about it here. Judge Guthmann’s statement is posted online here. I quote it »

Ken Starr dies at 76

Featured image Judge Kenneth Starr has died today at the age of 76. I have to borrow from Jake Bleiberg’s AP obituary: At age 37, he became the youngest person ever to serve on the U.S. Court of Appeals for the District of Columbia Circuit, where Chief Justice John Roberts and justices Ruth Bader Ginsburg, Clarence Thomas and Antonin Scalia also had served. From 1989-93, Starr was the solicitor general in the »

Biden Appoints Pro-Crime Appellate Judge

Featured image This is a shocking story: One of President Biden’s latest judicial nominees serves on the board of a group that backed calls to defund the police and has called to abolish prisons. Biden nominated Roopali Desai, a litigation partner at the law firm Coppersmith Brockelman, to the 9th Circuit Appeals Court bench last month. The 9th Circuit is notoriously liberal, but this is ridiculous. Before we get to abolishing prisons, »

Flashback—Leftist Rage About the Supreme Court

Featured image Cast your mind back to 2016 for a moment, when it seemed a lock that Hillary Clinton would win the election, and nominate a leftist to succeed Justice Scalia. (Remember that Hillary refused to commit to re-sending the nomination of Merrick Garland—a clear signal to progressives that she’s pick someone younger and more progressive.) Mark Tushnet, one of the leading leftists at Harvard Law School, let loose with his id »

Is The New Deal Unconstitutional?

Featured image Well, duh—the obvious answer is YES. But that hasn’t been a winning argument in the Supreme Court since 1935 unfortunately. In the aftermath of the leaked Dobbs opinion, the left has been in a panic about what other “rights” the Supreme Court might take away, like the right to same sex marriage, inter-racial marriage, contraception, and watching European soccer in the middle of the night. The left lacks imagination, and apparently »

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 »