jurisprudence

Is Critical Race Theory Illegal?

Featured image Teaching critical race theory in the public schools is immoral, but it is legal unless the legislature in a given state has banned it. On the other hand, for an employer to inflict CRT training on employees against their will can be legally problematic. And even in the public schools, promoting CRT while discriminating against expression of other viewpoints may violate the First Amendment. Today the Upper Midwest Law Center, »

Finally—The Court as It Should Be!

Featured image The current term of the Supreme Court has delivered a lot “huh???” moments, with the Court botching cases, dodging cases, and yielding a lot of decisions with very strange splits among the justices with little or no ideological clarity. But as Paul noted earlier, today we finally got two major rulings against leftist totems by the 6 – 3 split we’ve long been promised—on voting rights/safeguarding ballot integrity, and protecting donors »

Supreme Court Foils Democrats’ Attack on Conservative Nonprofits

Featured image The second case decided by the Supreme Court today was Americans for Prosperity Foundation v. Bonta. The case arises out of an initiative by Kamala Harris, when she was California’s Attorney General, to force nonprofits to disclose to the state the identities of their major donors. Schedule B to [IRS] Form 990—the document that gives rise to the present dispute—requires organizations to disclose the names and addresses of their major »

California AR-15 Ban Overturned

Featured image On Friday, U.S. District Court Judge Roger Benitez ruled that the State of California’s ban on “assault weapons,” which dates to 1989 and basically refers to AR-15 style modern rifles, is unconstitutional. Benitez’s ruling was clearly correct under controlling Supreme Court precedent, in my opinion. Under District of Columbia v. Heller, 554 U.S. 570 (2008), as Benitez wrote, “the Second Amendment protects guns commonly owned by law-abiding citizens for lawful »

Is Race Discrimination Illegal?

Featured image Most Americans naively believe that the 14th Amendment precludes our governments from discriminating on the basis of race. Sadly, that isn’t how the courts see it. Nevertheless, race discrimination is at least sometimes illegal, as a panel of the Sixth Circuit Court of Appeals held yesterday. The case relates to Joe Biden’s Restaurant Revitalization Fund, the terms of which are discriminatory. Hans Bader has the story: On Thursday, a federal »

A Chauvin Postscript: Mob Rule

Featured image Last night Alan Dershowitz and I were on the Ingraham Angle on Fox News, talking about the verdict in the Derek Chauvin trial. In an 8 1/2 minute segment, we covered quite a bit of ground, and it seemed to be well received. So if you are interested, here it is: Watch the latest video at foxnews.com I also gave an interview to the Daily Signal yesterday, while the jury »

Thoughts On the Chauvin Trial and Verdict

Featured image I watched most, not all, of the Derek Chauvin trial and have followed the story closely over the last year. These are some of my thoughts on what has proved to be one of the most consequential criminal prosecutions in American history. * This entire case could not have happened just 10 or 15 years ago. The prosecution was driven by the global phenomenon of a bystander video that was »

The Declining Relevance of Legal Scholarship

Featured image It has been a long-running theme of mine that academic social science, which at its birth promised to bring “scientific” research to bear on solving practical human problems, is increasingly detached from the real world and of almost no use to the larger world. Partly this is because of defects or limitations of positivist social science, the overwhelming leftist bias of most academic social scientists, and the deliberate aloofness of »

Mark Steyn Testifies

Featured image Almost nine years ago, climate activist Michael Mann sued Mark Steyn, National Review and others for defamation, based on a post that Mark did at The Corner. The post, which largely quoted someone else, essentially called Mann’s infamous hockey stick a fraud. That characterization was true, or at the least was a well-supported opinion. Yet years of inexcusable judicial delays and fruitless procedural maneuvering have gone by. Finally, there has »

Project Veritas vs. New York Times

Featured image Last September, Project Veritas released a video that suggested there has been substantial voter fraud in Minnesota elections, particularly in the Somali community, and linked that fraud to Ilhan Omar’s machine. The New York Times then published a series of articles that smeared Veritas and its video as a “coordinated disinformation campaign,” alleging that the video was “deceptive” and “false.” Project Veritas sued the Times in state court in New »

Behind the Left’s Primal Scream Over the Supreme Court’s Religious Liberty Ruling

Featured image I’ve noticed today that the left is in a fury about the Supreme Court’s 5-4 ruling last night striking down New York’s wholly arbitrary restrictions on churches and other places of worship because the Court is “ignoring the advice of the experts.” True indeed. I could go on at some length about old cases involving the arbitrary (and therefore unconstitutional) use of the government’s police power, but in this case »

The Supreme Court now

Featured image What is the shape of the Supreme Court now that Amy Coney Barrett is a member? Three articles consider the question. Jason Richwine argues that the new court is best viewed, not as one in which Justice Barrett has replaced Justice Ginsburg, but as one in which Justice Kavanaugh has replaced Chief Justice Roberts as the key vote. I agree. Assuming no court packing, the question then becomes how much »

A Blow For Liberation From Left-Wing Judges

Featured image Since President Trump was inaugurated, leftists have brought a series of lawsuits on behalf of supposedly aggrieved parties–themselves, mostly–seeking to enjoin enforcement of administration policies. District Court judges in venues remote from the issue at hand, like a federal judge in Hawaii who purported to block implementation of the administration’s “travel ban,” have issued nationwide injunctions far exceeding the scope of any case or controversy actually before them (if any). »

Sarah Palin’s Defamation Case Against New York Times Reinstated

Featured image In 2017, the New York Times ran an editorial that, by any normal standard, libeled Sarah Palin. It harkened back six years to 2011, when Jared Loughner, an insane person who listed the Communist Manifesto among his favorite books and may never have heard of Sarah Palin, murdered six people in Tucson, Arizona. Democrats made the absurd claim that Loughner’s spree was caused by the publication of a map by »

Scenes from the Progressive Freakout (1)

Featured image It’s a really tough time to be a liberal Progressive. One bit of evidence appears right now in The New Yorker, where Harvard Law professor Jeannie Suk Gersen worries that the Supreme Court might actually rein in the administrative state. This, she assures us, would produce a “parade of horrors” (actual quote). Let’s start with this passage: For the better part of a century, the Court has permitted Congress to delegate »

Google Censorship Update: Victory Over Communism!

Featured image Ryan Williams at the Claremont Institute reports that Google has changed its mind: See Ryan’s complete update of the story here. One wonders whether Google changed its mind because it discerned a “mistake” or took note of the public heat it was getting over this. But a deeper issue needs to be addressed. A number of conservatives have said that although Google, Facebook, and Twitter are engaging in censorship of »

Should Journalists Who Propagated the Russia Collusion Hoax Be Jailed?

Featured image Roger Simon asks that question. He rightly indicts the journalists who spread the idiotic lie that President Trump “colluded” with Putin’s Russia: [A] penalty of some kind, indeed a serious one, should certainly be levied for misinforming the public on the most important subject of our day, which has happened repeatedly over the last few years concerning the Russia probe. And when these prevarications can be shown to have been »