Liberal enclaves threaten conservative hegemony in the Lone Star State. The general perception of Texas as reliably conservative is accurate: its rural and suburban areas are overwhelmingly red, and currently ensure a conservative policy direction at the statewide level. But enclaves within the L…
Month: March 2017
The ADA Litigation Monster
A landmark law to protect the disabled has spawned senseless mandates, abusive lawsuits, and stratospheric costs. The Americans with Disabilities Act, which President George H. W. Bush signed into law in 1990, was noble in intention. “Let the shameful wall of exclusion finally come tumbling dow…
Implementing Obergefell: An Addendum
The March 1 oral argument was an astounding anti-climax to a manufactured drama In a prior post, I discussed the Pidgeon v. Turner case, now pending before the Texas Supreme Court, involving a taxpayer challenge to same-sex spousal benefits. Oral argument was held on March 1. The taxpayers chal…
Judicial Tyranny’s Final Frontier
Daniel Horowitz’s Stolen Sovereignty: How to Stop Unelected Judges from Transforming America (2016), published before the presidential election, is proving to be prescient—even prophetic. Horowitz is a columnist for Mark Levin’s Conservative Reviewwho writes frequently about constitutional …
Can Activist Judges Be Controlled?
The disquieting spectacle of three unelected judges (all appointed by President Barack Obama) enjoining the signature initiative of the newly inaugurated President Donald Trump, without even citing the statute—8 U.S.C. section 1182(f)—that expressly authorizes the action they just stopped, ha…
American Legal Thought in a Nutshell
At first blush, Northwestern University law professor Stephen B. Presser’s just-released survey of legal education, Law Professors: Three Centuries of Shaping American Law, seems to lack a clearly defined mission. Presser, a self-described paleoconservative who says he was influenced by the jou…