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 …
Judicial Activism
Justice Alito Cleans the Augean Stable of Faux Voting Rights Precedents
The Court’s conservative majority holds that “affirmative action” is not required—or permitted—in congressional apportionment; the drawing of voting districts does not violate federal law absent intentional discrimination. A version of this essay originally appeared in The American Mind…
The Chief Justice Must Quell the Mutiny in His Ranks
The judicial resistance to Trump 2.0 is the greatest threat to the rule of law in my lifetime; John Roberts needs to stop it, not condone it. Thanks to the Tennessee Star (here and here)and Ace of Spades HQ (here and here)! Chief Justice John Roberts proclaims that criticism of federal judges is …
None Dare Call It Judicial Activism: SB1958/HB1971 Would Restore the Judiciary to its Proper Role
Low-level trial courts should not be issuing “advisory opinions” in “facial” challenges to state laws brought by parties lacking actual standing; doing so turns Chancery Courts into mini-legislatures issuing piecemeal protests against duly-enacted statutes, at the behest of political lose…
Despite Challenges, MAGA Persists (For Now)
The nation’s political climate in 2025 reminds me of Charles Dickens’s introduction to A Tale of Two Cities: “It was the best of times, it was the worst of times….” Thanks to CutJib Newsletter (here) and Ace of Spades HQ (here)! In my forthcoming contribution to a symposium…
This Week’s Hall of Shame
There are always plenty of legal outrages (and highlights) to discuss on the Michael Patrick Leahy Show. First, N.Y. Attorney General Letitia “Big Tish” James’ tenant in her rental property in Virginia—the one that the E.D. Va. grand jury found she had procured through mortgage fraud̵…
Restoring Justice to Our Legal System
President Trump is making the rule of law great again. The Resistance to President Trump illustrates many things—the Uniparty establishment vs. the grassroots, special interests v. MAGA, ideology vs. common sense, etc.—but especially the potency of lawfare, which I described in an article for…
Montana’s Imperial Judiciary Kneecaps the Rule of Law
Our adversarial system of justice depends on robust advocacy, but in Montana zealous legal representation adverse to the state supreme court can lead to discipline–and election interference. An abridged version of this article first appeared in The Federalist on October 30, 2024 (here). Jud…
Reclaiming Civil Rights
This essay first appeared in Chronicles on October 18, 2024 (here). Thanks to Real Clear Policy (here) and Power Line! “Civil rights” is one of the most misunderstood terms in law and politics. For that reason, it is also prone to the greatest abuse. In modern parlance, “civil rights” is …
The Fifth Circuit Shuts Down a Rampaging Activist Judge
There is so much bad news every day that we must savor the occasional victories. And last week, the U.S. Court of Appeals for the Fifth Circuit delivered a victory to the state of Texas in the form of a decision removing U.S. District Court Judge Janis Jack from a long-running case in the Souther…