Yesterday Attorney General Eric Holder announced that the Obama Justice Department would appeal a U.S. District Court Judge James Robertson’s order to release 9/11 terrorist operative Mohamedou Ould Slahi. This is a good decision by Holder. Our nation would be less safe if Slahi was released from U.S. custody. But …
Rumors of a possible Supreme Court retirement this summer have Washington buzzing with anticipation. Adding to the intrigue is the controversial nomination of Goodwin Liu for the 9th U.S. Circuit Court of Appeals. Senate Republicans used a procedural move Wednesday to postpone Liu’s hearing. But the delay will likely do little …
There seems to be an almost constant effort by some members of Congress to act unconstitutionally and to push through legislation that is beyond the enumerated powers given to Congress in Article I of the Constitution. On Tuesday, I testified before the House Judiciary Committee’s Subcommittee on the Constitution, Civil …
Last week, the Ninth Circuit Court of Appeals upheld the constitutionality of the Pledge of Allegiance (PDF). Judge Carlos Bea, the author of the majority opinion, finely exhibited what it means to be a constitutionalist judge. His opinion considered the words “under God” not in isolation, but within their proper …
As written, the current health care bill before Congress already is guaranteed to face serious constitutional challenges on enumerated powers, 5th Amendment, racial discrimination, and unequal state treatment. Now the White House seems determined to add a whole new reason courts will throw out Obamacare on sight. Director of the …
I have been deluged lately with requests asking me whether one has to answer all of the questions on the 2010 Census, particularly those about race and ethnic background. Like Mark Krikorian, I don’t like those questions and don’t think the U.S. government should be collecting that information — its …
President Obama has received criticism from yet another Supreme Court justice concerning his inappropriate and unprecedented chastisement of the Court during the State of the Union address. Obama criticized the Court’s recent campaign finance opinion while six of the justices sat before him, obviously unable to respond to the criticism …