Law

MS. found in a garage

Featured image I want to add these notes to those I posted early this morning in “The Biden docs, round 2.” • Attorney General Merrick Garland has appointed Robert Hur as Special Counsel to investigate President Biden’s mishandling of classified documents — what I referred to in my post this morning as “the Biden matter.” Garland’s statement appointing Hur is posted online here. Hur is the former United States Attorney for the »

The Biden docs, round 2

Featured image NBC News broke the story that a second set of classified documents were found in Joe Biden’s possession at an undisclosed location this past November. The NBC News story is here. The story has now been confirmed and reported roughly everywhere. Among the many accessible stories are those by the AP here and the Washington Post (via JWR) here. I cant’ get enough of it. Here are a few facetious »

The world according to Tom Cotton: A footnote

Featured image Wall Street Journal Global View columnist Walter Russell Mead writes today about Senator Tom Cotton’s new book Only the Strong: Reversing the Left’s Plot to Sabotage American Power. I know from Senator Cotton himself, by the way, that he is a great fan of Mead’s Special Providence: American Foreign Policy and How It Changed the World. (Walter only observes in passing that Senator Cotton “mentions my work in the text.”) »

An Actual Threat to Our Democracy

Featured image The ever-crazier California legislature has passed a law that, as the Wall Street Journal’s editors describe it: …creates a state council to dictate wages, working conditions and benefits, among other things, for fast-food workers who aren’t unionized. The law is intended to coerce fast-food franchises to surrender to the Service Employees International Union (SEIU). Can that possibly be constitutional? I don’t know, but it any event it is a terrible »

Jack Clifford: Lake v. Hobbs, the ruling

Featured image I invited Arizona attorney Jack Clifford to finish up his reporting for us on Kari Lake’s election trial with a comment on the judge’s Christmas Eve decision dismissing Lake’s lawsuit. The AP story on it is here. Jack writes: I write to share my final thoughts on the Lake v. Hobbs litigation. As always, these thoughts are my own and are not written on behalf of any client or my »

Jack Clifford: Lake v. Hobbs, day 2

Featured image Attorney John A. “Jack” Clifford is of counsel with Merchant & Gould. P.C. He has lived, worked, and voted in Maricopa County, Arizona since 2014. He sends us this report on the Lake v. Hobbs trial that concluded yesterday. The AP’s story on the second day of trial is here. Jack’s day 1 report is here. This is Jack’s day 2 report: As before my comments are my own personal »

Jack Clifford: Lake v. Hobbs, day 1

Featured image Attorney John A. “Jack” Clifford is of counsel with Merchant & Gould. P.C. I developed a healthy respect for Jack many years ago when we represented adverse parties in an intellectual property dispute. He sends us this report on the Lake v. Hobbs et al. trial that opened yesterday. The AP’s story on the first day of trial is here. Jack reports that this is what he learned watching day »

It’s a long way to temporary

Featured image I feel obligated to note that President Biden has extended the “pause” on student loan repayments pending resolution of the administration’s petition to the Supreme Court for relief allowing implementation of its lawless loan forgiveness plan. The “pause” reminds me of the title of Arlo Guthrie’s “The Pause of Mr. Claus” and it’s certainly in the spirit of the song. We have learned the government’s multifarious uses of “emergency” the »

Ramirez strikes again

Featured image The great Michael Ramirez has taken the thousand words we have devoted to President Biden’s utterly lawless student loan giveaway and condensed them into the proverbial picture. He titles this editorial cartoon Purloined Purse Strings and aptly comments: “President Biden’s Student Loan Forgiveness plan to buy votes is financially reckless, and an unconstitutional power grab of Congress’s spending authority.” I am proud to note that at his Substack site the »

In the Chauvin appeal: Hugh Hewitt edition

Featured image Hot Air‘s Ed Morrissey — my old friend — is sitting in for Hugh Hewitt this morning. Ed had me on to talk about this post and invited listeners to check it out. Having rotated off our home page, it is easy to miss. With thanks to Ed, I am taking the liberty of reposting it. * * * * * Derek Chauvin could not afford an attorney to appeal »

In the Chauvin appeal

Featured image Derek Chauvin could not afford an attorney to appeal his convictions in the case of George Floyd. Chauvin’s insurance did not extend to appeals and the Minnesota Supreme Court denied him a public defender. Although I thought Chauvin could not have received a fair trial in Hennepin County, it looked like he wouldn’t be able to raise the issue on appeal either. I put out the call on Power Line »

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 »

Coming Soon: Polygamy

Featured image You could see this one coming a mile away, and many of us did. When the Supreme Court declared that there is no rational reason to deny the right of two people of the same sex to marry–love is love!–it eliminated the teleological foundation of marriage and the family. If marriage is no longer grounded in the biology of reproduction–it takes two, a man and a woman, to make a »

Judge Ho’s Yale boycott

Featured image Fifth Circuit Judge James Ho gave the keynote address at the Federalist Society’s Sixth Annual Kentucky Chapters Conference last week. Judge Ho gave his talk the title “Agreeing to Disagree—Restoring America by Resisting Cancel Culture.” Nate Hochman obtained a copy of the text and broke its most newsworthy aspect in “Federal Judge Vows to Stop Hiring Law Clerks from Yale Law School.” We followed Hochman’s account in “Bravo, Judge Ho.” »

Affirmative action forever or not?

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 in 2018 at the age of 75 or 76. Neil Genzlinger’s New York Times obituary recounted her story. Genzlinger dealt inadequately with the Brown case. “In its ruling,” he wrote, “the »

Bravo, Judge Silberman

Featured image Yesterday I briefly noted Fifth Circuit Judge James Ho’s keynote remarks at the Federalist Society’s sixth annual Kentucky chapters conference. With a little work I was able to obtain a copy of Judge Ho’s remarks. I hope to revisit them with a few quotes from the text in the next day or two or three. In my comments I referred to Senior D.C. Court of Appeals Judge Laurence Silberman as »

The cancelations: If the law doesn’t fit (2)

Featured image President Biden’s student loan giveaway is blatantly illegal, but standing presents an obstacle to lawsuits challenging it. I noted the lawsuit filed by the Pacific Legal Foundation on behalf of Frank Garrison earlier this week. The Indiana federal district court has already denied Garrison’s motion for preliminary relief in an order that casts doubt on Garrison’s theory of standing. Now six states with Republican governors and attorneys general have commenced »