Category: The Courts

How National Injunctions Create Constitutional Chaos

Nationwide injunctions—when a single district court judge can halt the enforcement of a law or policy across the country—have been stymying President Trump’s agenda from the get-go. And Attorney General William Barr is getting fed up. In a speech on Tuesday to the American Law Institute, Barr railed against national injunctions, noting that 37 of … Continued

Border Crisis: ‘The System Is On Fire’

[fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_ ] [fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_ ] In 2014, President Obama declared a “humanitarian crisis” at the border. But in just the first three months of 2019, apprehensions at the border are almost double the rate they were during the entire 2014 fiscal year. Things are … Continued

Clarence Thomas: “Freedom Man,” Free at Last

In his farewell address, President Ronald Reagan recalled a Vietnamese refugee who upon leaving his leaky boat for the American rescue ship, yelled out, “Hello, American sailor. Hello, freedom man.”    That image of American military power in the cause of justice is replicated in the stormy seas raised by administrative state today: our “freedom … Continued

The Mental State of the Ruling Class

In some ways, Todd Henderson is living the dream. He has worked as an engineer, a management consultant, a practicing lawyer, and ended up as a professor at his alma mater, the University of Chicago Law School, focusing on business regulation and securities law. Now he can add mystery novelist to his curriculum vitae with … Continued

Thanksgiving: The Odd Bird Holiday

President Trump’s traditional pardoning of Thanksgiving turkeys displayed both his wit and partisanship in service of a higher understanding of American politics. Even the Washington Post writer, its drama critic, had to offer grudging praise for Trump’s performance, even excusing his “earnest platitudes.” The mixture of comedy and earnestness arises from the very origins of … Continued

Originalism and Birthright Citizenship

Republicans have long proclaimed their belief in constitutional originalism. Like low taxes, it’s become a mantra, but one wonders how serious they are. Originalism has consequences, and if embraced, a large part would involve undoing court-created rights that have restrained the political branches, particularly the states. Another large part would require scaling back the federal … Continued

Dems Risk Losing Suburban Women with Kavanaugh Attacks

I am not a crier. One of my best friends teases me that Satan cries more than I do; my husband jokes about my “six-second cry” when I finally shed some tears. But as I watched Brett Kavanaugh’s opening statement to the Senate Judiciary Committee last Thursday, I cried—and for more than six seconds. I … Continued

Revenge of the Nerds: Swamp Edition

In one scene in “When Harry Met Sally,” Meg Ryan’s character insists she had great sex in college with a guy named Shel. Billy Crystal’s character doesn’t buy it. “Sheldon? No, no, you did not have great sex with Sheldon. A Sheldon can do your income taxes, if you need a root canal, Sheldon’s your … Continued

The New Refuge of Scoundrels

Just when observers had concluded the desperate progressive opposition to Brett Kavanaugh’s nomination to the U.S. Supreme Court could not stoop much lower, it most certainly did. Senator Dianne Feinstein (D-Calif.), in the news recently for somehow unknowingly employing a Chinese spy as her gofer and chauffeur for 20 years, passed on information to federal … Continued

Crazy Brainy Asians

The Justice Department last week filed a “statement of interest” on behalf of a lawsuit by Students for Fair Admissions against Harvard University for discriminating against Asian-American applicants as a class. The government’s intervention is stronger than a mere “friend of the court” brief and portends a federal lawsuit against Harvard. To better understand any … Continued