Law

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 »

The cancelations: If the law doesn’t fit [updated]

Featured image President Biden’s “cancelation” of student loans in the aggregate amount of hundreds of billions of dollars is bad public policy in several dimensions. It lacks any respectable justification. It is also of dubious legality — although they have a theory. The theory is a farcical stretch. They couldn’t care less about the weakness of their pretense to legality. If the law doesn’t fit…what they really count on is the difficulty »

Do you recall?

Featured image Students of ancient history may recall that President Biden declared that Donald Trump and “MAGA Republicans” — you know who you are — “represent an extremism that threatens the very foundations of our Republic.” Biden extended the terms of his condemnation. “MAGA Republicans do not respect the Constitution,” he said. “They do not believe in the rule of law. They do not recognize the will of the people. They refuse »

More On Student Debt, and Our Decrepit President

Featured image Scott wrote about the Biden administration’s massive cancellation of student debt here and here. On its face, the administrative action appears to be illegal. In January 2021, a memorandum by the Principal Deputy General Counsel of the Department of Education concluded that the “HEROES Act” did not confer authority for such a mass loan forgiveness. That memorandum was repudiated and revoked yesterday by the Department of Education’s General Counsel. Nancy »

The cancelations: If the law doesn’t fit

Featured image The Washington Free Beacon’s Joe Simonson takes a look at the law that the Biden administration purportedly relies on for its student loan cancelation scheme. See his Free Beacon story “Biden Says This Law for the Troops Gives Him Authority To Cancel Harvard Grads’ Debt.” Subhead: “‘The Heroes Act allows reservists leaving their job and family relief making student loan payments.'” I link to the OLC legal memo citing the »

Don’t Kill All the Lawyers

Featured image Lawyers can come in handy. Just ask Charlie Kirk and his colleagues at Turning Point USA. Turning Point held its Student Action Summit in Tampa last Friday through Sunday. The SAS is a huge event, attended by thousands of young people. On Saturday, a tiny handful of apparent neo-Nazi demonstrators showed up on the sidewalk outside the SAS venue. Who they were and why they were there is anyone’s guess, »

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 »

Montana for me: An update

Featured image The RedState headline provides the necessary update to the Gavin Newsom story we took up yesterday. RedState’s Jennifer Van Laar takes the story all the way home in “Newsom Admits State Paid for His Security Detail’s Travel to Montana, Laughably Claims ‘Public Safety’ Exception to Law.” What more is to be said? I would simply add my own comment to the original story. It screams LOSER! Newsom spox @anthonyyork49 tells »