jurisprudence

Memo to Supreme Court: Grant Cert in the Weyerhaeuser Case!

Featured image The government we live under does not resemble the one that is described in the Constitution. The principal reason for this is the power of federal regulatory agencies, which has grown explosively and is virtually unrestrained by Congress, the courts or even the president, who nominally controls the executive branch. The extra-constitutional administrative state now represents a grave threat to our liberties. The Supreme Court has an opportunity to begin »

Feel Good Headline of the Day

Featured image From the most unlikely of places—The Guardian. Savor this one for all of its yummy schadenfreude: Trump’s judicial picks: ‘The goal is to end the progressive state’ . . .  The makeup of America’s judges is quietly becoming the site of one of Trump’s most unequivocal successes: nominating and installing judges who reflect his own worldview at a speed and volume unseen in recent memory. Trump could conceivably have handpicked »

Christian Group Sues SPLC and Amazon

Featured image Coral Ridge Ministries Media, Inc., which does business as D. James Kennedy Ministries, has sued the Southern Poverty Law Center, Amazon and Guidestar in federal court in Alabama. The complaint is here. The case arises out of SPLC’s designation of the Kennedy Ministries as a “hate group” because, consistent with Christian doctrine, it opposes gay marriage. Because of that designation, Amazon has barred Kennedy Ministries from its Amazon Smile program »

Total Eclipse of the Fun

Featured image A longtime friend of Power Line alerts us to order issued by Judge Steven Merryday of the U.S. District Court in Florida. An Assistant U.S. Attorney moved to continue a trial on the ground that one of his key witnesses had made arrangements to travel out of the state to view last week’s total eclipse of the Sun. Judge Merryday noted the role of total eclipses in history, literature and »

You Heard It Here First: NY Times Editors Deny Reading Their Own Newspaper

Featured image Sarah Palin has sued the New York Times for defamation, on account of a Times editorial that falsely claimed there was a “clear” and “direct” causal connection between Palin’s PAC’s “targeting” of Gabrielle Giffords’ district and Jared Loughner’s murder of six people in Tucson. The paper now calls its smear of Palin an “honest mistake.” I wrote here that Palin has a strong case, despite the extraordinary burden of proof »

The Next Liberal Lamentation

Featured image What’s the most hated Supreme Court decision on the left of the last few years? Why, Citizens United, of course, which leftists blame for just about every bad imaginable. Aggrieved leftists often compare it to the Dred Scott decision—seriously, they do. So if Justice Anthony Kennedy announces his retirement from the Court tomorrow, can we expect to see liberal headlines saying, “Left Celebrates as Author of Modern ‘Dred Scott’ Decision »

Trump resisters in robes, Part Two

Featured image The Fourth Circuit’s decision in the temporary travel ban broke new ground when it comes to judicial activism. I wrote about the decision in a post called “Trump Resisters in Robes.” John wrote about it in a post called “An Affront to the Rule of Law.” For additional criticism of the decision, I recommend this piece by Hans von Spakovsky and this one by David Rivkin and Lee Casey. Von »

Trump resisters in robes: the Fourth Circuit’s travel ban decision [UPDATED]

Featured image My take on the Fourth Circuit’s decision travel ban decision differs from John’s. He says the decision makes him “sad rather than angry.” It makes me angry and a little sick. You need not have attended law school to analyze this case properly. During his presidential campaign, Trump spoke at times of a travel ban on Muslims. But as president he did not impose one. His temporary travel ban extends »

The 4th Circuit’s Travel Ban Decision: An Affront to the Rule of Law

Featured image Yesterday the 4th Circuit Court of Appeals upheld a district court order that found President Trump’s second travel ban to be unconstitutional. This is one of those news stories that make me sad rather than angry. The decision is ridiculous. The court’s majority relied heavily on candidate Donald Trump’s stump speeches in which he talked about a ban on all Muslim immigration. The court found that this “context” demonstrated a »

It’s Official: On Trump’s Travel Order, the Left Is Bonkers

Featured image We wrote here about an ACLU lawyer arguing one of the Trump travel moratorium cases in the 4th Circuit who said that the president’s order “could be constitutional” if only it had been issued by the rightful president, Hillary Clinton. As a matter of constitutional law–or law, period–that is idiotic. But it wasn’t just a slip of the tongue by an incompetent lawyer. Today, arguing in the 9th Circuit Court »

On the Judiciary, the Associated Press Parrots the DNC

Featured image If you ask the average person to name the principal sources of fake news, he is likely to mention the New York Times or the Washington Post. I think the Associated Press is even worse, or at least, more pervasive. A case in point is tonight’s story on President Trump’s judicial appointments: “Trump begins effort to pack courts with conservatives.” Let’s stop right there. All presidents nominate judges with compatible »

ACLU Makes It Official: The Only Thing Wrong With Trump’s Travel Order Is Trump

Featured image The Democrats who attacked President Trump’s travel order in front of carefully-selected Democratic judges made the extraordinary claim that the President’s statements on the stump, as a candidate, were somehow relevant to whether the order was constitutional. This claim implies that an order may be unconstitutional if issued by one president, while the exact same order would be perfectly fine if issued by another. This is an absurd result. It »

Repealing Obamacare: It’s Unconstitutional!

Featured image More evidence that for Democrats, the “Constitution” means whatever they are in favor of at the moment: New York’s Attorney General says it is unconstitutional to repeal Obamacare: New York Attorney General Eric Schneiderman, a longtime critic of his fellow Empire State resident [Donald Trump], tells Erin Burnett he’s planning a lawsuit should the legislation be signed into law. “If they pass the bill in the form the House passed »

Times Editorial Board Accuses Justice Gorsuch of Murder [with comment by Paul]

Featured image Well, that’s a slight overstatement. But not by much. This is what the Times editorial board–a ragtag collection of third-rate leftists–tweeted: With his first vote, the Supreme Court’s newest member sent a man to die. https://t.co/JxrNpVqmN6 pic.twitter.com/ia3DfonZMR — NYT Opinion (@nytopinion) April 24, 2017 So Gorsuch “sent a man to die.” The editorial itself is only slightly less over the top: [I]t’s worth paying special attention to Justice Neil Gorsuch’s »

Leaked DHS Document Is Another Democratic Party Scandal

Featured image At Breitbart.com, Michael Patrick Leahy has what strikes me as an explosive story: “Mystery Surrounds Leaked Leaked Draft DHS Document at Center of Controversial Travel Ban Decisions by Two Federal Judges.” Actually, though, it doesn’t seem to be much of a mystery. On February 24, AP reporters Vivian Salama and Alicia Caldwell published an AP “exclusive”: “DHS report disputes threat from banned nations.” The story was based on an anonymous »

Judge Chuang : social justice warrior and servant of the Democrats

Featured image The first adverse ruling on President Trump’s second immigration/travel order came from a district court in Hawaii. That state is considered by many to be most liberal in the U.S. However, I doubt it’s more liberal than my home town, Bethesda, Maryland. Bethesda is the suburb of choice for young leftists with families who come to the Washington, D.C. area in the hope of promoting “social justice,” or at least »

Judge Chuang’s case

Featured image Theodore Chuang is the United States District Judge for Maryland who has enjoined President Trump’s second executive order temporarily halting travel into the United States from a few designated countries including Somalia and Iran. He was appointed to the bench by President Obama. The Baltimore Sun briefly profiles Judge Chuang. The site Heavy has posted “5 fast facts” on Judge Chuang that do not surprise. I take it that he »