jurisprudence

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 »

The Row Over Rao

Featured image Like Paul, I am much relieved to see the news today that Neomi Rao’s nomination to the DC Circuit Court of Appeals has passed out of the Judiciary Committee, with Sen. Josh Hawley voting yes. I’ve been holding back in commenting on this story. (Also I’m traveling.) I guess I should, in the spirit of disclosure that journalists follow these days, tell my favorite Neomi Rao story, as I do »

The Power Line Show, Ep. 107: Is “New Originalism” an Oxymoron?

Featured image Constitutional originalism is the cornerstone of conservative jurisprudence today, but there are several rival versions of originalism, and sometimes you even hear about the “new” originalism, which sounds more like an old Spinal Tap joke. This week I caught up briefly (very briefly—we both had airplanes to catch) with John Eastman, the Salvatori Professor of Law at Chapman University’s Fowler School of Law and senior fellow at the Claremont Institute, »

Ben Sasse for the Win

Featured image I wasn’t able to watch all of the Kavanaugh hearing, but I am prepared to give the Power Line award for best opening statement performance to Sen. Ben Sasse, who gave a great statement of the problem of the administrative state, which comprises the breakdown of the separation of powers and the dereliction of the responsibility of Congress to discharge its Article I powers properly. Democrats won’t want to take »

The Vindication of Clarence Thomas—and the Left’s Freakout

Featured image I’m gaining weight and running out of popcorn watching the left freak out about the nomination of Brett Kavanaugh to the Supreme Court to replace Justice Anthony Kennedy. But beyond just the theatrics of the left’s primal screams and desperation tactics it is delightful to see the left begin to reckon with something more fundamental going on, which in one sentence I’ll assert is the growing vindication of the constitutional »

Yale: The Grown-Ups Show Up

Featured image Needless to say the Kavanaugh nomination has sent the left borking mad. And that’s their problem: having changed decisively the politics of Supreme Court confirmations with their egregious treatment of Robert Bork, they are stuck in a box canyon of their own making, with their base expecting them to turn it up to 11 on the Borking Scale with every Republican nominee. I persist in arguing that the Bork tactic »

Kavanaugh Time

Featured image Needless to say, the left is going to throw everything they have at Judge Brett Kavanaugh, but the incoherence and contradictions of the left during the first news cycle suggests it is going to be a rout, and that the left will only succeed in embarrassing themselves. From the reaction of the left, you’d think that the Supreme Court gets up every morning and simply decides what laws it wants »

Justice Kennedy’s mark

Featured image Anthony Kennedy isn’t likely to get the moment in the sun sometimes granted to an outgoing or departed Supreme Court Justice. Two factors conspire against it. First, Kennedy was admired by neither the left nor the right. Second, the battle over confirming his successor has already commenced, even though no successor has been nominated. The intensity of the battle doesn’t leave much energy for Kennedy appreciation (or condemnation). Jack Goldsmith, »

Breaking: “Chief Justice” Anthony Kennedy to Retire

Featured image That headline is not a misprint or slip: as the swing vote on a Court that has long divided 5 – 4 on key questions, Justice Anthony Kennedy has been effectively the “Chief Justice” of the Supreme Court for a long time. Lawyers who practice at the Supreme Court will tell you that case briefs and pleadings have long been written for an intended audience of one: Justice Kennedy. Here »

Breaking: Frivolous Climate Lawsuits Hit the Wall

Featured image We’ve reported here previously on the frivolous lawsuits the climatistas brought in California courts against major oil companies, and especially how California cities claimed imminent harm from climate change while telling prospective bond buyers that they couldn’t estimate possible future risks from climate change. In any case, late today Federal district court judge William Alsop—a Bill Clinton appointee—dismissed the lawsuits with a strongly-worded opinion that is quite clear about how »

Our robed master Bates speaks

Featured image Paul Mirengoff frequently refers to “our robed masters” in the federal judiciary. Yesterday our robed master Bates of the United States District Court for the District of Columbia administered the latest in a series of legal defeats to the Trump administration’s effort to rescind the Obama administration’s unconstitutional program to regularize illegal immigrants by executive decree. The New York Times’s Miriam Jordan gives an account of the ruling in “U.S. »

Linda Brown & her case

Featured image Linda Brown was the young girl who gave her name to the four cases consolidated for consideration in Brown V. Board of Education, the 1954 Supreme Court case that effectively invalidated the regime of public school segregation. She died on Sunday at the age of 75 or 76. Neil Genzlinger’s New York Times obituary (illustrated with good photographs) is here. Genzlinger deals inadequately with the Brown case. “In its ruling,” »

The Liberal Hypocrisy Parade Rolls On

Featured image A tired maxim provides that if liberals didn’t have double standards, they wouldn’t have any standards at all. But sometimes they really abuse the privilege. Take this headline from the Washington Post today: Trump’s flirtation with firing Mueller inspires new demands from Democrats to protect the special counsel Congressional Democrats on Friday demanded that lawmakers act to protect special counsel Robert S. Mueller III after revelations President Trump sought to »

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 »