Courts

The New York Appellate Division’s decision to overturn the half-billion-dollar civil fraud penalty against Donald Trump should not be seen as a partisan victory. It is a constitutional one. The court ruled that the judgment – originally $354 million before interest ballooned it past $500 million – violated the Eighth Amendment’s prohibition on excessive fines. This was an overdue reminder that even a former president is entitled to the same constitutional protections as every American. This judgment threatened to become less about enforcing the law, and more about making an example out of a political enemy. The Constitution does not permit prosecutors to weaponize financial penalties into tools of annihilation.

In America, we are told justice is blind. Hennepin County wants her to peek. Last week, the Department of Justice launched an investigation into Minnesota’s Hennepin County Attorney’s Office after prosecutors were instructed to consider race and age during plea negotiations. County Attorney Mary Moriarty defended the policy as an effort to address “racial disparities” in the criminal justice system. But good intentions don’t excuse bad policy – and this one sends a dangerous message: that some people are less accountable for their actions because of the color of their skin. As a black conservative, I am fully in favor of thoughtful criminal justice reform.

How is the mood in Virginia these days? It appears to be a bit litigious. Last month, seven school boards announced they were suing Republican Governor Glenn Youngkin over his executive order banning mask mandates in schools. The ACLU is also suing Youngkin over the order, despite the fact that it used to sue to protect liberties, not infringe on them. Youngkin, meanwhile, is suing the Loudoun County School Board, which is also being sued by parents incensed over its mask policies as well as all of its other policies. Cut to me sitting in my Alexandria apartment terrified that a lawyer is about to knock at the door. Certainly a blizzard of lawsuits is nothing extraordinary in modern-day America — or many other powerful nations for that matter.