Supreme court

‘Trans rights’ has never been a civil rights issue

From our UK edition

Indisputably a nutjob, Chase Strangio is the soul of nominative determinism. The lawyer for the American Civil Liberties Union is a ‘trans man’ – meaning a woman, of course; one of the trans movement’s lesser impositions is forcing consumers of pliant media to keep translating wishful thinking into real life, much as the unhip once had to keep remembering that ‘super-bad’ means ‘super-good’. Strangio is a rare example of sexual disguise that is reasonably persuasive. The 42-year-old woman passes for a certain kind of man: weedy, slight and very short, with narrow shoulders, Marx Brothers eyebrows, just-credible facial hair, a tight fade over the ears bursting into a cocky skywards coiffure, and a chronically smarmy, self-satisfied expression.

Why Trump should put himself on the Supreme Court

Legend has it that after subduing Greece, Egypt, Persia, wide swaths of India and what’s now Afghanistan, Alexander the Great wept, lamenting “there are no worlds left to conquer.” Donald Trump is close to knowing how that feels. “I run the country and the world,” he declared in a recent Atlantic interview. Trump’s second term has barely begun, but already the thought must cross his mind: “What next?” Alexander was lucky to die young, at 32 and at the peak of his power. The President is in rude health and leads a charmed life. The grim reaper missed him last year when an assassin’s bullet grazed his ear in Butler, Pennsylvania. As it stands, Trump can look forward to leaving office, aged 82, in January 2029. He’s conquered the world only to lose it to term limits.

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Could abortion pills be the sleeper issue for the midterms?

The politics of the abortion issue in the post-Dobbs environment has been dramatically altered, both by the introduction of state-level restrictions in Republican states and by pressure campaigns in Democrat-dominated states to increase the subsidization and solidification of existing lax abortion policies. But the most significant development in the abortion space in recent years wasn’t a decision that came from the Supreme Court, but from the Biden administration – first temporarily (with Covid as the justification) and then permanently granting the ability to dispense abortion-inducing pills via telehealth, without the previously required visit to a doctor.

Trump should have the power to fire the Fed chair

The Chair of the Federal Reserve is arguably the most powerful economic official in the United States. He’s also the least accountable. He sets borrowing costs for households and businesses, opens lending windows to banks deemed “too big to fail,” and decides when to tame or ignite inflationary forces. Unlike the Treasury Secretary or even the President himself, he answers to no one. That may soon change. In Trump v. Wilcox, the Supreme Court is weighing whether the President should be allowed to remove the head of an independent agency.

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The Everything, Everywhere All at Once presidency

The Supreme Court’s 5-4 ruling lifting the order blocking the deportation of accused members of the Venezuelan gang Tren de Aragua is a significant legal victory for the Trump administration. More importantly, it's also a policy vindication for those within this White House whose approach to government upon their return to Washington was to do everything, everywhere, all at once. The legal victory itself was hailed by every prominent member of the President's deportation team, with Attorney General Pam Bondi announcing she’d redouble her efforts, Homeland Security Secretary Kristi Noem declaring that all those here illegally must “LEAVE NOW” and Stephen Miller practically ebullient in his interview last night with Sean Hannity.

Trump is working overtime to restore the rule of law

In the matter of Donald Trump v. Leviathan, let me begin by stipulating that Sir Thomas More was right in A Man for All Seasons when he remonstrated with his future son-in-law William Roper.  Roper was urging More to arrest the scheming Richard Rich, whose machinations would eventually lead to More’s execution. But, More points out, Rich had broken no law.   William Roper: So, now you give the Devil the benefit of law! Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil? William Roper: Yes, I’d cut down every law in England to do that! Sir Thomas More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat?

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When government officials are threatened, they deserve protection 

When US officials and former officials face lethal dangers for the work they did in office, they deserve protection from the country they served. That’s true whether they served the country well or poorly, whether they can pay for that protection themselves — most cannot — and whether they are loathed by the next administration.  Those are pitiful reasons for denying them protection. If today’s officials, or yesterday’s, are threatened because of what they did in office, they deserve protection. They may not deserve our gratitude. They may not deserve our thanks and appreciation. That depends on our assessment of their performance. But they deserve our protection from domestic terrorists and foreign actors such as Iran.

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Time is running out for TikTok

TikTok’s days may be numbered in America after all. Following a presidential campaign in which both Donald Trump and Kamala Harris promoted themselves heavily on the platform, despite bipartisan national security concerns over its ownership’s ties to the Chinese Communist Party, a federal appeals court today ruled that the app must break ties with the Beijing-based ByteDance within a few weeks or be banned in the United States.Until the decision, everything was looking up for TikTok. Trump trounced Harris on the platform, and his campaign and top surrogates were active all over the popular social media app.

Where’s the nonbinary restroom at the Supreme Court?

Lincoln in the Bardo “The economy has never been better,” top Democrats and their surrogates told voters during the 2024 elections. It turns out that’s because the economy was doing just fine for a lot of the party’s top vendors. After all, Kamala Harris’s $1 billion of campaign expenditures had to wet some beaks, if not win votes. One series of outlays stood out in particular: the millions of dollars spent by the Lincoln Project, despite the Democratic Party’s top infrastructure rolling out focus groups showing that the group’s work had zero impact on the 2020 presidential election. “Tragic,” elections analyst Rob Pyers wrote on X. “After raising $15.5 million for the year and burning through $16.

Supreme Court hears arguments against puberty blocker ban

The Supreme Court today is hearing arguments against Tennessee’s statewide ban on prescribing puberty blockers and hormone replacement therapy for minors with gender dysphoria. The challenge to the state law is being led by the Biden administration and the American Civil Liberties Union and is brought on behalf of three teens with gender dysphoria, their parents and a doctor. Their lawyer is also transgender. The Tennessee law came about during a period of very fraught debate over how to treat children who suffer from gender dysphoria.

Jack Smith’s crusade ends with a whimper

What a waste. As Special Counsel Jack Smith had his 2020 election charges against President-elect Trump dismissed by Justice Tanya Chutkan, any amusement derived from the fact Smith and his merry band of anti-Trumpers just spent two years spinning their wheels is belied by the damage caused by his travesty. It is not only the tens of millions of taxpayer dollars squandered. It is not only thousands of misused hours of investigators and prosecutors who should have been pursuing violent crimes, drug and human trafficking and terrorism cases. It is not only countless time spent clogging the dockets of courts in Florida and Washington, DC, which should have been used for legitimate cases.

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Is America ready for its first DEI president?

Nobody ever talks about this anymore, but there was a time when Democrats were floating Kamala Harris as a potential Supreme Court pick. Shortly after the death of Antonin Scalia, the Los Angeles Times published an article about how she may be on Barack Obama’s shortlist. Speculation reached a “fever pitch,” they reported. Harris said she was flattered by the consideration, even as she declined the opportunity. That’s a footnote in American history that’s worth revisiting, now that Election Day is almost here. Imagine the kind of people who would tell us, with a straight face, that Kamala Harris should replace Antonin Scalia on the Supreme Court. On the one hand, you have one of the leading legal minds in all of American history.

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Contrasting the candidates’ closing arguments 

It’s easy to summarize the two sides’ closing arguments. For Kamala Harris, the closing argument is “Trump is really, really bad.” Asked to expand, it is “Trump will end abortion rights” and “Trump is a fascist.” For Trump, the argument is, “Things were great when I was president, and I will make them great again.” Asked to expand, it is “I will be better than Washington and Lincoln. Everybody says so.” And “Kamala is a left-wing nut job.”  After discounting the hyperbole (a gargantuan task), how is the final stretch going? Rocky for Democrats, encouraging for Republicans. That’s the message from polling trends and political betting markets. The polls are essentially tied in battleground states, but have moved slightly in Trump’s favor.

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The life and times of Sheldon Whitehouse, the last patrician liberal

It is not often that an American politician publishes a book of genuine interest. It is even less often, breaking through the veil of ghostwriters and marketers and political risk consultants, that such a book provides real insight into its author. Hillbilly Elegy is an obvious example: an unusually vulnerable self-portrait whose sales shot through the roof after J.D. Vance was tapped to be Donald Trump’s running mate this summer. Josh Hawley may never be vice president, but his ambitions and his politics are already apparent in the biography of Teddy Roosevelt he published a full sixteen years ago.

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The pro-life problem

The pro-life movement has reason to be grateful to Donald Trump, even as it has reason to feel exasperated as well. For forty-nine years, overturning Roe v. Wade was its highest immediate policy priority. Thanks to Trump’s Supreme Court appointments, pro-lifers achieved their aim. But even in 2016, Trump often distanced himself from the pro-life cause — and now he insists that abortion will remain a question for states to decide, a legalistic argument which doesn’t fit with the principle that human life and the rights that come with personhood begin at conception. His campaign — even Trump himself — issued statements touting his support for “reproductive rights,” usually a euphemism for legal and readily available abortion.

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Mark Zuckerberg is really sorry for censoring you

Meta CEO Mark Zuckerberg admitted in a letter to the House Judiciary Committee yesterday that the government pressured his company to censor content during the Covid-19 pandemic and said he regrets following their wishes. The committee described his comments as a “big win for free speech.” Meta produced thousands of documents for the committee’s investigation into alleged government censorship and Zuckerberg wrote the supplemental letter to outline what he had learned during the process. “In 2021, senior officials from the Biden administration, including the White House, repeatedly pressured our teams for months to censor certain Covid-19 content, including humor and satire, and expressed a lot of frustration with our teams when we didn’t agree,” he said.

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Biden’s election year assault on the Supreme Court

You’ve got to hand it to President Biden — even in his diminished state he still has a few tricks up his sleeve. You might think that as our octogenarian commander-in-chief is dragged kicking and screaming from office, amid the ignominious fumes of family influence-peddling no less, the last things he would shine a spotlight on are judicial term limits and ethics rules. But in fact his latest attack on the Supreme Court is the next logical battle in a war Biden launched decades ago and which Vice President Harris now plans to fully embrace and run with. What is being peddled as judicial “reform” is in fact the left’s continued effort to seize the remaining branch of government that has slipped from its grasp.

supreme court

President Biden’s plan to overhaul SCOTUS

President Biden unveiled his outline for changes to the Supreme Court, which includes term limits for justices and a new code of ethics. He also called for a constitutional amendment saying former presidents do not have immunity from any federal criminal indictments, trials, convictions or sentencing — a direct dig at the Court’s recent immunity ruling in Trump’s favor. The plan comes amid a series of landmark decisions by the Supreme Court that favored conservatives, such as the overturning of Chevron and rulings on abortion and affirmative action, that sparked Democrats to criticize the 6-3 conservative controlled-court for an alleged lack of impartiality.

The Supreme Court on not standing for standing

Human beings are animals that often operate by proxy. Here’s a familiar example from the world of — well, I was going to say “the law,” but what I have in mind is not the law but its perversion, so let’s say “the legal bureaucracy.” Everyone has heard the phrase “the process is the punishment.” It covers a multitude of sins. In its core signification, the phrase describes an increasingly common situation in which the machinery of the law is deployed to harass, enervate, stymie and otherwise hobble someone the regime does not like but whom, for the time being anyway, it chooses not to incarcerate. Sometimes it is easier to bankrupt and demoralize an opponent into submission.

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Joy Reid fears ‘King Trump’

It seems every MSNBC host is trembling for his or her life these days. First, Rachel Maddow feared Donald Trump would throw her in an internment camp if reelected and now, following the Supreme Court’s ruling on Donald Trump’s immunity, Joy Reid thinks her rights as a woman and a black American will be revoked. But that’s not the only thing upsetting Reid. The commentator took to TikTok to explain how Monday’s decision has made Trump America's first king.  “The Leonard Leo six on the court just declared, days before this nation celebrates its independence presumably from the British king, that the president of the United States and a former president... that they are a king,” Reid said in a lengthy TikTok video.

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