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The US Supreme Court has ruled that nationwide injunctions by district court judges infringe on Executive Authority. Thanks to Megan Kelly for the heads up. This puts an end, at least on paper, to judge shopping to freeze executive branch orders, though it will be interesting to see how that plays out. This, for example, … Read more
How to wreck nationwide injunctions for everyone else Following on the heels of my Substack post on the most excellent ruling by Judge Mary Kay Vyskocil (District court judges are not the elected Chief Executive), we get this. The nation’s high court did not explain the decision, but it said the stay of the lower … Read more
When Democrats declare themselves the party of something, you must immediately assume they are its nemesis. Perhaps not today, but eventually. The Cultural Marxists undermining every institution are many things, but they are also patient. The walk through the institutions, for example. The multi-decadal capture of nearly every foundation of Western Civilization. Law, Journalism, higher … Read more
The Nation’s highest court has ruled today that the 14th Amendment does not prohibit states from banning transgender transition treatments on minors. The 6-3 ruling does not prevent states from advocating for them or protecting them, it simply states that it is not discrimination to deny a child access to transgender “health care.” “The Equal … Read more
A Maine family’s then-five-year-old son was vaccinated in November 2021 with the Pfizer-BioNTech COVID-19 vaccine at a public school without his parents’ consent. After the family filed suit, the Maine Supreme Judicial Court ruled that their state claims for damages were pre-empted by the federal Public Readiness and Emergency Preparedness (PREP) Act, holding that their … Read more
It might appear at first blush that the Supreme Court’s June 2 rejection of a Petition for Writ of Certiorari challenging Maryland’s 2013 ban of so-called “assault rifles” means blue-state restrictions on these and other controversial weapons are constitutionally secure. However, the Court has not decided any such thing; it has only deferred when that … Read more
Members of a majority group have the same Civil Rights Act protections as everyone else. That’s the ruling passed down by the US Supreme Court in a 9-0 unanimous decision delivered by Justice Ketanji Brown Jackson. Being discriminated against in the workplace because you are heterosexual is illegal. Happy Pride Month. “The Sixth Circuit has … Read more
The Supreme Court of the United States exists as the last refuge, the last court of review, the last place where the Constitution of the United States, and only the Constitution of the United States, should determine how a brief is resolved. One would hope that the Justices could put aside their personal biases and … Read more
The US Supreme Court just laid out an 8-0 decision (Justice Neil Gorsuch recused himself) that to me looks devastating for the environmental psychopaths in the climate cult. And while I may be reading too much into it, this was a unanimous outcome. Even the liberal justices agreed. To what? The court ruled that the … Read more
…To Sidestep Scrutiny for Misconduct Leading to Use of Deadly Force In a unanimous decision, the U.S. Supreme Court has rejected a legal doctrine that helped shield police from accountability for recklessly escalating confrontations and then using deadly force. The Supreme Court’s ruling in Barnes v. Felix makes clear that when determining whether an officer’s use of deadly force … Read more
The familiar adage, “the longest journey begins with the first step,” is so true and very applicable to today’s American decline. Particular to my life, I now consider the Supreme Court’s ruling that banned prayer from our nation’s classrooms as being that first step to America’s downward spiral. I suppose that for me, the importance … Read more
The U.S. Supreme Court has agreed to hear a case that could determine whether FBI agents can be held accountable for a botched SWAT raid that terrorized an innocent family in the middle of the night. As detailed in Martin v. United States, a heavily armed FBI SWAT team mistakenly stormed a Georgia home—armed with rifles, … Read more
Louisiana has found itself repeatedly in the gerrymandering hot seat. Gerrymandering refers to efforts to favor one political party in the drawing of voting district lines, but racial prejudices – or favoritism – also can influence such actions. Louisiana’s effort to carry out judicial demands that it create a second state voting district to ensure … Read more
Since the Supreme Court has decided to redefine the word “weapon” to include weapon parts, we now face another crisis. In my opinion, all of this is unconstitutional. The “…shall not be infringed” wording of 2A makes a gun no different than office supplies. Considering a fountain pen, would I have to license or have … Read more
How is it that everything will be proper when the Supreme Court rules? Theoretically, it should be so, but when questions nudge the public’s curiosity, remaining silent is not the answer to possible judicial abuse or this anarchy. If anything, the past contains a record of the high court renderings which have often differed from … Read more
From Abraham Lincoln’s first inaugural address: [I]f the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to … Read more
Just a quick post – more later. TikTok vs. Garland A couple of snippets from the SCOTUSBlog live chat: PDF of the decision is at the bottom of this post. Two other non-decision issues came up from some of the commenters: Given that he’s officially relieved of his duties in three days and that most … Read more
In the 30 years since the Crime Bill fueled the militarization of police and the explosive growth of SWAT teams, SWAT teams continue to terrorize innocent homeowners and then receive qualified immunity from the courts. In an amicus brief in Jimerson v. Lewis, The Rutherford Institute has called on the U.S. Supreme Court to hold a law … Read more
As an academic and a legal commentator, I have sometimes disagreed with the United States Supreme Court, but I often stress the good-faith differences in how certain rights or protections are interpreted. One case, however, has long stood out for me as wildly off-base and wrongly decided: Kelo v. New London. The case allowed the government … Read more
In a 2022 article titled “Will the U.S. Supreme Court ever get around to overruling the shame of Dred Scott?” the surprising proposition is advanced that the1857 Dred Scott case is “still precedent” in the United States, and that “racist lawyers and racist judges can (blatantly or discreetly) rely on it in their arguments and rulings.” Like … Read more