Wrong House. Wrong Raid. Wrong Justice

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

The Case That Could Overturn the Infamous Kelo Decision

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

Slavery manacles freedom

Dred Scott, Politics, and the “Living” Constitution

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

Transgender bathroom stand with women

SCOTUS To The Rescue — Let’s Stop The Transgender Movement

On Wednesday, the Supreme Court heard oral argument in this term’s marquee case, United States v. Skrmetti. The case, out of Tennessee, nominally involves a state law banning minors’ use of puberty blockers and cross-sex hormones for purposes of so-called gender-affirming care — which, stripped of all euphemism, means genital mutilation and chemical castration.  And the … Read more

Parents Appeal To U.S. Supreme Court After Vermont Courts Ruled Schools Can Vaccinate Kids Against Parents’ Wishes

A Vermont family whose 6-year-old son was vaccinated with an experimental Covid-19 intervention against the family’s wishes has appealed a Vermont Supreme Court ruling. The Vermont court had ruled that the Public Readiness and Emergency Preparedness Act (PREP) prohibits such claims, granting immunity to school and government personnel when they mandate vaccinations. Stunningly, the Vermont … Read more

Justices Wreck ‘Transgenderism’ Without Even Ruling

A Tennessee law banning the drugging and surgical mutilation of children (doing business as gender-affirming care) has gotten a lot of support from the other side during oral arguments. The lawyers representing the side trying to get the law tossed out didn’t arrive at the Big School prepared to answer the hard questions. The ones … Read more

A Case of Vermont Shame

I have undertaken a Petition to the United States Supreme Court on behalf of the Politella family. I do not normally practice law. This is how I got involved. When I first read about the Vermont Supreme Court’s decision in Politella v. Windham Supervisory Union et al, I was shocked that any court would deprive … Read more

Breaking: SCOTUS Clears Way to Remove Illegals from Voting Rolls

The effort by Virginia to remove ” noncitizens who were not eligible to vote in the first place” can proceed. The US Supreme Court has cleared the way for Virgina. The Supreme Court on Wednesday temporarily blocked an order by a federal judge that would have required Virginia to return more than 1,600 people to … Read more

US Supreme Court

SCOTUS Should Discourage Unconstitutional Mischief

WASHINGTON, D.C. — The U.S. Supreme Court has agreed to hear a case on whether the government should be able to sidestep accountability and avoid paying plaintiffs’ attorneys’ fees when it has violated the Constitution. In Lackey v. Stinnie, The Rutherford Institute has joined a coalition of legal organizations in calling on the Court to affirm a ruling by … Read more

Reading education sunset Photo by Aaron Burden on Unsplash

When Johnny Can’t Read

I know I shouldn’t be surprised, but still, I am surprised at all the hyperbolic reactions that are being published in response to the Supreme Court’s recent ruling on presidential immunity for official acts.

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Bump Stock

Night Cap: SCOTUS Rips Bump Stocks Out of the ATF’s Hands

One of the few huge mistakes that Trump made was back in 2017 after the Las Vegas shooting at a music festival where 58 people died. He, with the ensuing caterwauling by the anti-Second Amendment folks, commanded the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) to find that bump stocks, by their mere existence, can turn anything into a machine gun.

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