Category: Judicial Branch

SCOTUS Waffles on Abortion Drugs

Written by Daniel Horowitz

During his 2005 confirmation hearings, Chief Justice John Roberts compared the role of the U.S. Supreme Court to that of an umpire calling balls and strikes. But what happens when the umpire allows one team more at-bats than the other? Once again, the much-vaunted conservative U.S. Supreme Court is a one-way ratchet for left-wing litigation. Some things never change.

When Donald Trump was president, not a single major administrative policy went unchallenged by the officiously litigious left-wing legal movement.… Continue Reading

SCOTUS Must Weigh in on Unprecedented Political Persecution

Written by Robert Knight

In the name of “saving democracy,” a former presidential aide is now in a federal prison in Miami.

Former Trump trade adviser Peter Navarro was sentenced to four months for ignoring a congressional subpoena ordering him to appear before the U.S. House Jan. 6 Select Committee.

That’s the kangaroo court that permitted no pro-Trump witnesses or pro-Trump committee members, and staged a Stalinist-style show trial that outranks the most disgraceful congressional abuses of power ever seen.… Continue Reading

What Too Many Republicans Get Wrong About The U.S. Constitution

Written by Daniel Horowitz

Every Republican seems to agree that our country has been taken over by a post-constitutional junta that usurps power to achieve its insidious objectives rather than follows the rule of law. But when it comes to redressing those usurpations with the only tool James Madison gave us — federalism — our elected officials too often shirk their responsibilities. Worse, they declare that the egregious usurpations are, in fact, the law of the land.… Continue Reading

Conservatives Hit With Massive Legal Judgments for Exercising Free Speech

Written by Robert Knight

Recent events give new meaning to the term “trumped-up charges.”

A Democratic New York State Supreme Court justice, in cahoots with a Democratic state attorney general, has written a new chapter in the book of political lawfare.

With no victims, no client complaints and no evidence of fraud, Judge Arthur Engoron nonetheless levied a $354 million fine against former President Donald Trump for the crime of doing business in the Democratic jurisdiction of New York.… Continue Reading

SCOTUS Takes Action on Several Religious Freedom Cases

Written by Kassie Dulin

This week, the U.S. Supreme Court released an order list taking action on several cases we’ve been watching.

Most notably, the Court declined to review Missouri Department of Corrections vs. Finney. Justice Samuel Alito issued a five-page statement about the Court’s denial. This includes a direct reference to First Liberty’s Supreme Court victory in Carson v. Makin.

In this case, multiple conservative Christians were excluded from a jury in an employment discrimination case brought by a lesbian plaintiff.… Continue Reading

How Conservatives Misjudge the U.S. Supreme Court

Written by Daniel Horowitz

Six of the nine U.S. Supreme Court justices have been appointed by Republicans, yet red states are now being prevented by federal courts from keeping boys out of girls’ bathrooms. What was the point of the generation-long battle for control of the high court?

A three-judge panel for the Seventh Circuit Court of Appeals in August upheld a lower court ruling forcing the Metropolitan School District of Martinsville, Indiana, to allow people to enter the school bathrooms of their choice, not the one that matches their sex.… Continue Reading

Biden Administration Provides Cover for Hunter Investigation

Written by David E. Smith

Last Friday afternoon, Attorney General Merrick Garland announced that he had named Delaware U.S. Attorney David Weiss as special counsel to continue the investigation into Hunter Biden “as well as any matters that arose from that investigation or may arise from the Special Counsel’s investigation.” This appointment has been criticized as illegal by many, including liberal Harvard Law School professor Alan Dershowitz.

George Washington University Law Professor Jonathan Turley is also on record in a column for The Hill pointing out significant problems with the appointment:

This is, after all, the same Weiss who headed an investigation that was trashed by whistleblowers, who alleged that his investigation had been fixed from the outset.

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Jack Smith’s Jan. 6 Indictments Are an Attack on Political Speech

Written by David Harsanyi

If recklessly lying to voters were a crime, most everyone in D.C. would be serving life in solitary confinement at Supermax. But in a liberal democracy, as frustrating as it often is, political misconduct is settled by voters and elections, not partisan prosecutors or rioters.

Feel free to campaign and vote against Donald Trump if you like. I’m certainly no fan. If Trump wins in 2024, Congress can impeach and remove him if they choose.… Continue Reading

Excellent Analysis Of The Latest Federal Indictment Against Trump

Written by David E. Smith

As you know, yet another federal indictment of former President Donald J. Trump has been filed. This time for his efforts to protest the results of the 2020 election. Many legal experts and political pundits are saying this will be an extremely challenging case to prove, as it involves questions about freedom of speech, election interference, and whether the specific charges brought against him hold water legally.

In an interview with Morning Wire, attorney Andy McCarthy speculates that “a good 90 percent of it, is politically protected speech.Continue Reading

Exposing the Radical Effort to Destabilize the Supreme Court

Written by Jorge Gomez

The U.S. Supreme Court is under all-out attack. Recent headlines reveal a concerted effort to manufacture an “ethics” scandal about Justice Clarence Thomas, the Court’s leading conservative and one of the foremost defenders of religious liberty. Justice Neil Gorsuch has also been the target of this smear campaign.

Democrats in Congress, along with their allies in left-wing radical groups and the media, are bringing back calls for radical court “reform.” A constitutionally suspect “judicial ethics” bill was introduced and the U.S.… Continue Reading