AN OKLAHOMA CASE WILL DEFINE THE FUTURE OF PUBLICLY FUNDED RELIGIOUS SCHOOLS—UNPACKING LAST WEEK’S SUPREME COURT ARGUMENT INTRODUCTION Last week the Supreme Court heard arguments in a case wherein the Oklahoma Charter School Board and St. Isidore of Seville Catholic Virtual School challenged a ruling by the Oklahoma Supreme Court. The school had entered…
ARE JUDGES ABOVE THE LAW? OF COURSE NOT INTRODUCTION AND OVERVIEW On January 21st, 2025, Acting Deputy United States Attorney General Emil Bove issued an “all-hands” memorandum throwing down a gauntlet and reasserting the federal Executive Branch’s exclusive authority to enforce immigration law without interference from the political motivations of state and local actors…
THE SUPREME COURT EMERGENCY OR “SHADOW” DOCKET IS IN HIGH GEAR INTRODUCTION President Trump’s agenda to address the excesses of the Biden administration on crime, immigration, DEI, and “education” has led to an unprecedented slate of US District Court orders enjoining actions of the Executive that, in large part, are overbroad, arbitrary, and obviously…
TARIFFS AND THE EMERGENCY POWERS OF THE PRESIDENT—AN UNLIKELY CHALLENGE EMERGES INTRODUCTION On Friday, April 4th, in the Northern District of Florida, attorneys of the New Civil Liberties Alliance (NCLA) filed a challenge to President Trump’s Executive Orders imposing across-the-board tariffs on our three largest trading partners—China, Mexico, and Canada. An examination of the…
THE FIRST AMENDMENT AND THE ALIEN NON-CITIZEN—A PRIMER INTRODUCTION Recent Executive Orders of the President have placed a historic focus on Executive authority around immigration. Antisemitic rhetoric from students given the privilege to study here, who have not been naturalized, has tested and will test the limits of due process in connection with their…
THE TdA REMOVALS DRAMA AND JUDGE BOASBERG—WHO GETS TO DECLARE A “PREDATORY INCURSION,” AND WHO GETS TO PROTECT OUR NATIONAL INTERESTS? INTRODUCTION It appears that the opposition to the President’s Proclamation based on and in reliance upon the Alien Enemies Act overlooks, in convenient fashion, key issues necessary to a real analysis of this…
Aerial view of the Terrorism Confinement Center (CECOT). This file is licensed under the Creative Commons Attribution 3.0 Unported license. THE ALIEN ENEMIES ACT—ALMOST AS OLD AS THE CONSTITUTION AND A STILL VIABLE LAW FOR A STRONG EXECUTIVE TO INVOKE TO PROTECT THE HOMELAND INTRODUCTION On Friday the President issued a Proclamation that is…
THE UNIVERSITY OF VIRGINIA FINALLY EMBRACES THE REALITY OF EQUAL PROTECTION OF THE LAWS—IT IS ABOUT TIME INTRODUCTION Last week, and apparently as the result of President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (which bans DEI from not only the federal government but from any entity, private or not, receiving…
THE APPOINTMENTS CLAUSE AND DOGE—A BRIEF OVERVIEW AND ANALYSIS INTRODUCTION Last week U.S. District Judge Chutkan, who seems to be the Trump and January 6th “duty judge” in the DC District Court, denied a temporary restraining order to fourteen (14) state Attorneys General who sought to enjoin the actions of the Department of Governmental…
George Washington THE EXECUTIVE AUTHORITY OF THE PRESIDENT—PART TWO—THE UNITARY EXECUTIVE INTRODUCTION The current Democrat chorus of “chaos” and the gnashing of teeth over the Administration’s goal of fiscal responsibility is setting the stage for a historic review of the structure of the Constitution and a restoration of the original constitutional design. In this…