MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Month: June 2026

Hawaiian Myths versus Historical Realities

Hawaiian mythology is rich enough without embellishing (or sanitizing) it at the expense of the truth. Thanks to Real Clear History (here) and Ace of Spades HQ (here and here)! I love Hawaii. My wife and I recently returned from a delightful vacation on the Big Island. The weather is near-perfect…

Explaining Unanimity on SCOTUS

Especially in a Second Amendment case, this was superficially a puzzle, but the unique facts provide the answer. In addition to blogging, and some free-lance writing, I appear weekly on Michael Patrick Leahy’s show as a “legal analyst.” Yesterday, we discussed the unanimous SCOT…

Commentary in The Tennessee Star

Since moving to the Nashville area last year, I have become a regular guest on the Michael Patrick Leahy show. Some segments are later summarized and written up as commentary in the Tennessee Star by a Star reporter. I generally post on Misrule of Law only material that I write, but paraphrasing …

Disparate Impact Faces Well-Deserved Extinction

“Disparate impact,” a scam theory concocted by the EEOC and—sadly—upheld by the U.S. Supreme Court (under Nixon-appointee Chief Justice Warren Burger!) in Griggs v. Duke Power Co. (1971), may be on its way to well-deserved extinction. “Disparate impact” treats statistical imbalances t…

Lawyers Have First Amendment Rights–Even John Eastman

SCOTUS must overturn Eastman’s disbarment to prevent a miscarriage of justice and to uphold the integrity of our legal system. Thanks to Power Line and Ace of Spades HQ (here)! I was on The Tom Woods Show recently to discuss the State of California’s disbarment of John Eastman (here).…