CNN uncritically publishes a list of “hate groups” compiled by the discredited Southern Poverty Law Center. When a news organization reports an impending weather event based on forecasts from the National Weather Service, or warns of potential seismic activity anticipated by the U.S. Geologic…
Month: August 2017
Showdown Coming over Antidiscrimination Law
A recent prediction in this space turned out to be premature. In my post about the Seventh Circuit’s en banc decision in Hively v. Ivy Tech Community College[1]—which held that the word “sex” in Title VII of the Civil Rights Act of 1964 [2] includes “sexual orientation”—I forecast t…
The ‘9th Circus’ is Badly Broken—Let’s Fix It
The Sacramento Bee recently editorialized in defense of the 9th U.S. Circuit Court of Appeals, a frequently (and legitimately) maligned court that has periodically been the target of barbs by President Donald Trump—among other critics. The 9th Circuit, headquartered in San Francisco, is by far …
Leaving Lochner Behind
What prompts a man to change his mind on a serious matter after 35 years, and should the reversal be met with pride (for eventually getting it right), or chagrin (for taking so long)? For reasons of vanity, I’m going to take a positive tack and choose the former. “Wisdom,” Felix Frankfurter…