Category: Courts

Columns, Courts, Politics

Newsom’s Gerrymander Just Might have a Racial Discrimination Problem

Below is my column in The Hill on a pesky problem facing California Democrats: their recent gerrymandering effort may have a racial discrimination problem. According to Ninth Circuit judge Kenneth Lee, the problem is District 13 and the public comments of the primary mapmaker, who declared his intention to create a Latino-dominated district.

Here is the column: Continue reading “Newsom’s Gerrymander Just Might have a Racial Discrimination Problem” →

Academia, Congress, Constitutional Law, Courts, Free Speech, Media, Politics, Religion, Society, Supreme Court

The Reviews Are In: “Rage and the Republic is Jonathan Turley’s Birthday Gift to America to Mark its 250 Years of Independence”

The early reviews of Rage and the Republic are in!  In a few days, books (including an audiobook) will be shipped out and on the shelves of bookstores by February 3. Simon & Schuster is releasing the book to coincide with the 250th anniversary of the Declaration of Independence.

Continue reading “The Reviews Are In: “Rage and the Republic is Jonathan Turley’s Birthday Gift to America to Mark its 250 Years of Independence”” →

Columns, Congress, Courts, Criminal law, Politics

“Now is That Time”: Clintons Defy Congressional Subpeona and Trigger Contempt Proceedings

Woody Allen famously said, “80% of success in life is just showing up.” When it comes to Bill and Hillary Clinton and possible congressional contempt, it may be 100%. The two politicians have decided to defy lawful subpoenas issued by the House. For the House Oversight Committee, now is also the time for contempt proceedings. Continue reading ““Now is That Time”: Clintons Defy Congressional Subpeona and Trigger Contempt Proceedings” →

Constitutional Law, Courts, Politics

Minnesota Files Meritless Lawsuit to Stop Increase in Fraud Investigation and Immigration Enforcement

Yesterday, Minnesota Attorney General Keith Ellison, on behalf of the state and alongside the cities of Minneapolis and Saint Paul, filed a federal lawsuit that is most notable in the absence of any intelligible legal principle. The effort to stop the surge of federal personnel to investigate fraud and enforce immigration is breathtakingly frivolous and farcical. Continue reading “Minnesota Files Meritless Lawsuit to Stop Increase in Fraud Investigation and Immigration Enforcement” →

Academia, Constitutional Law, Courts, Politics, Society

Parents Win Major Victory in California Public Schools in Gender Change Case

We have been discussing the efforts of school officials around the country to block information for parents on their children changing their gender in public schools, including a recent victory for parents in Michigan. I have long been a critic of such attacks on parental rights in our schools. Now, parents have another major victory in California from District Court Judge Roger Benitez, who offered a resounding ruling in support of the inherent rights of all parents. However, public school boards, administrators, and teachers’ unions are continuing the fight to bar parents from knowing about gender changes in their children. Nevertheless, it is a great way to end this year for everyone who values family and parental rights.

Continue reading “Parents Win Major Victory in California Public Schools in Gender Change Case” →

Columns, Constitutional Law, Courts, Free Speech, Politics

Democratic Despotism: The American Left Moves from Censored to Compelled Speech

Below is my column in The Hill on how Democrats in some blue states are moving from censoring speech to compelling speech in renewed attacks on free speech. They are facing resistance in the courts despite determined efforts to force others to mouth approved viewpoints.

Here is the column:

Continue reading “Democratic Despotism: The American Left Moves from Censored to Compelled Speech” →

Columns, Congress, Courts, Politics, Society

“What’s in a Name?” Courts Could Face a Truly Shakespearean Question Over the “Trump-Kennedy Center”

 

 

“What’s in a name? That which we call a rose By any other name would smell as sweet.” That question posed by Juliet in Shakespeare’s Romeo and Juliet seems to now occupy much of Washington. Last night at a Christmas party with many media from Washington, the question was put to me more succinctly and repeatedly as “can they do that?” The “that” was the renaming of the Kennedy Center as the Trump-Kennedy Center. Soon courts may have to face this quintessentially Shakespearean question “for never was a story of more woe.” Continue reading ““What’s in a Name?” Courts Could Face a Truly Shakespearean Question Over the “Trump-Kennedy Center”” →

Courts, Criminal law, Lawyering

Milwaukee Judge Hannah Dugan Found Guilty of Obstruction

A jury in Milwaukee this week proved that it takes more than a robe to act like a judge. On Thursday, Judge Hannah Dugan was found guilty of the most serious count brought against her in a case that captivated many in the nation. Dugan famously told a fellow judge to wear her robe in the hallway to confront federal officers seeking to arrest a suspect.

Continue reading “Milwaukee Judge Hannah Dugan Found Guilty of Obstruction” →

Courts, Criminal law, Lawyering

Fellow Judge Delivers Blow to the Defense of Hannah Dugan

The trial of Milwaukee County Judge Hannah Dugan began this week. Yesterday, the defense was delivered a blow from the testimony of the judge, who Dugan enlisted to confront ICE officers seeking to arrest an illegal alien in the courthouse. Judge Kristela Cervera testified that she was pulled into the dispute by Dugan, who she said admitted that she was trying to help Eduardo Flores-Ruiz as he evaded officers. Continue reading “Fellow Judge Delivers Blow to the Defense of Hannah Dugan” →

Congress, Constitutional Law, Courts, Politics

Boston Judge (Again) Intervenes to Force Payments to Planned Parenthood

District Court Judge Indira Talwani in Boston has been one of the most active judges in the country in seeking to enjoin the orders of President Donald Trump, including her orders to prevent deportations under previously “paroled” immigrants under the Biden Administration. She previously sought to enjoin the denial of federal funds to Planned Parenthood, an order that the United States Court of Appeals lifted for the First Circuit pending appeal. Now, Judge Talwani is back with a new basis for forcing payments to Planned Parenthood despite Congress barring Medicaid funds under the Big Beautiful Bill.

Continue reading “Boston Judge (Again) Intervenes to Force Payments to Planned Parenthood” →

Columns, Congress, Constitutional Law, Courts, Criminal law

The Selective Outrage of Judge James Boasberg

Below is my column in The Hill on two controversies involving Chief Judge James Boasberg this week in Washington, D.C. Both involve claims that branches undermined or intruded on the authority of another branch. However, these separation-of-powers conflicts produced strikingly different responses from Judge Boasberg. It seemed that the court’s concerns depended greatly on whose ox was being gored in a tripartite contest.

Here is the column: Continue reading “The Selective Outrage of Judge James Boasberg” →

Constitutional Law, Courts, Society

The Eleventh Circuit Finds that COVID Beach Closures Constituted Unconstitutional Taking

There is an interesting ruling by the United States Court of Appeals for the Eleventh Circuit on the COVID-19 closures in April 2020. The panel found that the closures of private beaches in Walton County, Florida, constituted a taking under the Fifth Amendment. Continue reading “The Eleventh Circuit Finds that COVID Beach Closures Constituted Unconstitutional Taking” →

Constitutional Law, Courts

Sixth Circuit Issues Major Ruling Striking Down District’s Pronoun Policy

There is a major ruling out of the United States Court of Appeals for the Sixth Circuit on both free speech and student rights. The court, sitting en banc, ruled 10-7 that “the mere use of biological pronouns does not entail ‘aggressive, disruptive action.'” In the lengthy opinion, the court split along political lines with every Republican appointee voting with the student challengers and every Democratic appointee voting with the school district. Continue reading “Sixth Circuit Issues Major Ruling Striking Down District’s Pronoun Policy” →

Courts, Criminal law

Second Circuit Remands Federal Hush Money Case in Stunning Ruling for President Trump

The United States Court of Appeals for the Second Circuit just delivered a significant victory for President Donald Trump and his team by vacating the decision of U.S. District Court Judge Alvin Hellerstein, an Obama appointee, and ordering him to reconsider the motion to remove the case from New York to federal court. Hellerstein, now 91, twice rejected the claim, but, according to the Second Circuit, ignored major issues favoring removal. Continue reading “Second Circuit Remands Federal Hush Money Case in Stunning Ruling for President Trump” →

Congress, Constitutional Law, Courts

No, The House Should Not Impeach Judge Boasberg

This week, Rep. Brandon Gill, R-Texas, formally introduced impeachment articles against U.S. District Chief Judge James Boasberg. It was a popular move with many after a series of controversial orders by Judge Boasberg. I have been highly critical of those orders, particularly the prior orders granting Special Counsel Jack Smith’s demand for the telephone records of Republican members of Congress in the “Arctic Frost” probe. However, I disagree that his order meets the standard for impeachment under the Constitution. Continue reading “No, The House Should Not Impeach Judge Boasberg” →