Trump Incitement to Violence Suit to Move Forward

Several times during the election last year, Donald Trump encouraged his fans at rallies to mistreat any protesters in the building. He even said he'd pay their legal fees if they did so at one point. Now several people roughed up are suing him for inciting violence and a judge just refused to dismiss the case and is sending it to a full trial. … [Read more...]

The Sham of Modern SCOTUS Confirmation Hearings

I didn't watch much of the Neil Gorsuch confirmation hearings before the Senate Judiciary Committee, just enough to see that nothing has changed. As Linda Greenhouse points out, they have become utterly meaningless non-events where everyone pretends the nominee can't actually discuss anything that matters. … [Read more...]

DEA Seizes $3.2 Billion in Last Ten Years Without Filing Charges

The Inspector General of the Department of Justice just released a report on the use of civil asset forfeiture by the DEA and the results are both horrifying and entirely unsurprising. In the last ten years, the DEA has seized $3.2 billion from people without even charging them with a crime, much less convicting them. … [Read more...]

Christians in OK House Still Marking Their Territory

They put up a Ten Commandments statue on the grounds of the Oklahoma State Capitol. The OK Supreme Court struck it down. They appealed to the U.S. Supreme Court, which turned them down. They tried many ways to get around the ruling. And now they're trying again. … [Read more...]

WND Readers React to Teacher Fired Over Pledge of Allegiance Bullying

The Worldnetdaily has an article, actually just a stub that links to the real article on another site, about the teacher who was fired for physically and verbally bullying a student who refused to say the pledge of allegiance. The comments are pretty much what one would expect. … [Read more...]

Is Originalism Generally Opposed to Stare Decisis?

In the exchange I've been having with Andrew Torrez about whether (conservative) originalism should automatically disqualify one from a Supreme Court confirmation, one of the issues of contention is whether originalists "uniquely feel free to disregard prior precedent in ways that mainstream jurists do not." He also says there is a ""general tendency to ignore" precedent by originalists. I'm not convinced this is true and I will lay out my argument here. … [Read more...]

Finally, a Teacher is Fired for Bullying Student Over Pledge of Allegiance

Since the American Humanist Association began asking students to come forward if they are not allowed to refuse to say the pledge of allegiance in public schools, we've seen many such cases around the country. Finally, one bullying teacher has been fired over it. … [Read more...]

Balkin Explains the Psychological Appeal of Originalism

I've been having an exchange with Andrew Torrez of the Opening Arguments podcast about originalism and it has prompted me to go back and reread some things, including parts of Jack Balkin's book Living Originalism, an alternative version that I find very compelling. … [Read more...]

Is Originalism an Originalist Idea?

Andrew Shankman, an Associate Professor of History at Rutgers University-Camden and the author of a new book called Original Intents: Hamilton, Jefferson, Madison, and the American Founding, writes at the History News Network that originalism is not actually originalist. … [Read more...]

Joyner Doesn’t Understand How Government Works

Professional con man Rick Joyner clearly has no idea how our government works. Okay, so the list of things he has no idea about is pretty much endless. But his latest ignorant screed, this time about the courts issuing injunctions against Trump's travel ban, shows that he's totally clueless about the government. … [Read more...]

Trump Adviser: Government Leakers are ‘Enemy of the State’

A homeland security adviser to Donald Trump spoke at the Center for Strategic and International Studies this week and said that those who leak information from the government are "absolute enemies to our state." A look at the history of leaks does not support that claim. … [Read more...]

Appeals Court Rejects Obama EEOC Legal Theory on Title VII

I've written several times about how the Obama administration began interpreting Title VII of the Civil Rights Act, which forbids discrimination on the basis of gender. They had some limited success with that argument, but the 11th Circuit Court of Appeals just rejected it. … [Read more...]