This essay originally appeared in American Greatness on December 14, 2018 (here). Thanks to Instapundit! (here) And also thanks to How Appealing. (here) And SCOTUSblog (here). And Linda Greenhouse in the New York Times! (here) “Justice Brett Kavanaugh.” Savor those words: They were the culmin…
Judicial Activism
White Shoe Social Justice Warriors: The Pro Bono Racket
Cui bono? Big Law preens at the public’s expense, pushing a self-serving, left-wing agenda while pretending to be Atticus Finch A related series of posts appeared on Law & Liberty (here and here). Thanks to Instapundit for the shout-out (here). And How Appealing (here). And again to Instapu…
Power Struggle: What Kavanaugh’s Confirmation Really Means
A slightly-revised version of this article appeared in American Greatness on October 16, 2018. When President Trump nominated Judge Neil Gorsuch for the U.S. Supreme Court last year, I predicted here that “The real fight will come later, if and when one of the liberal Justices (Ginsburg, for ex…
My Television Debut
It’s a far cry from Tucker Carlson, but yesterday I appeared on a new show being taped for Spectrum News, “On Topic,” with a UT law professor (Scott Powe) and local judge Gisela Triana (running against Justice Mike Toth for Place 6 on the Third Court of Appeals), on the subject …
Remembering Robert H. Bork
Judge Robert Bork, who died in 2012, was a hero of mine. He was a legal giant–achieving great distinction as a practicing lawyer, legal scholar, law professor, Solicitor General, and judge on the D.C. Circuit. I proudly own autographed copies of his classics The Tempting of America (…
Liberty Forum on #MeToo and Sexual Harassment
My regular platform, Law & Liberty, recently hosted a “Liberty Forum” on the topic of #MeToo and the development of sexual harassment as a legal claim. The lead essay, entitled “Desire or Dominance?: Sexual Harassment’s Legal Maze,” was by Rachel Lu. The Liberty…
My Extended Rebuttal to the Libertarian Theory of “Judicial Engagement”
I have been writing about the libertarian theory of “judicial engagement” since I became aware of it a few years ago. The theory has been promoted relentlessly by libertarian scholars associated with the Cato Institute and the Institute for Justice, especially Clark Neily, Roger Pilon…
Having Your Cake and Eating It, Too
A slightly modified version of this article appeared in American Greatness on June 6, 2018 Justice Kennedy wants to have it both ways—promoting gay rights without the appearance of coercing those who object Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, decided by the U.S. Supr…
The Delusion of Good Faith Judging
The concept of written legal rules—of the law itself—assumes that their content is fixed and ascertainable. The rule of law likewise depends on citizens having advance notice of what they can and cannot do, pursuant to clear, knowable directives. Legal scholars expend enormous energy pontific…
Is Justice Neil Gorsuch “Going Wobbly” Already?
Justice Gorsuch’s concurring opinion in Sessions v. Dimaya–joining with the Court’s liberal bloc to overturn an immigration statute on vagueness grounds–was applauded by many “conservative” and libertarian scholars, but not by me. I explain why is a post for Am…