Terror Watch Lists Shouldn't Be the Basis for Whether One Can Purchase a Firearm
As I point out in today’s San Francisco Chronicle, being on a secret terror watch list should not and can not be a basis for blocking the legal purchase of a firearm. In addition to the issues I raise ...
Supreme Court Dodges Case Addressing Carrying Guns Outside the Home
As I reported here, here, and here, federal appellate courts have been inconsistent on the matter of carrying firearms outside the home. Most states issue a firearms carry permit to any law-abiding applicants who have cleared the background check and ...
Supreme Court Reviews Lower Court Invalidation of EPA’s CSAPR Rule
Last year, I updated Bench Memo readers on a development to the challenge of EPA’s Cross-State Air Pollution Rule (CSAPR). Judge Brett Kavanaugh, writing for the U.S. Court of Appeals for the District of Columbia Circuit asserted that “...
The Dog That Didn’t Bark: The Administration’s Curious Stance on Lois Lerner
I’ve been getting a number of questions about the IRS’s Lois Lerner pleading the Fifth this week during her congressional appearance. Let me provide some background and suggest an avenue that could unearth the facts of this scandal ...
Arrest Warrant for Atticus Finch
In the classic film To Kill a Mockingbird, Atticus Finch shoots a rabid dog that threatens the neighborhood. In 2010, my governor shot a coyote threatening his dog while jogging in Austin (not surprising given our coyote problem in Texas).
President’s NLRB Recess Appointments ‘Constitutionally Invalid’
As Ammon noted, the United States Court of Appeals for the D.C. Circuit just ruled that the president’s so-called recess appointments to the National Labor Relations Board (NLRB) are invalid, stating that they did not happen during a ...
Focusing on Mental Illness
In days following the tragedy in Connecticut, most of the focus has been on firearms legislation. I submit that we would be wiser to focus more attention on how states handle the mentally ill that are prone to violence over ...
Heller Decision Continues to Ripple across the Fruited Plain
As Charlie Cooke just alerted us, the nation’s sole remaining total ban on carrying handguns for personal protection in public was struck down today by the Seventh Circuit of the United States Court of Appeals. According to my quick ...
How to Prevent Another Orca Flop
It’s pardonable to be defeated, but never surprised.
— Frederick the Great
Over the past week, there has been plenty of harsh criticism of the Romney campaign’s get-out-the-vote efforts and volunteer system. While the campaign has pushed back on ...
EPA’s Transport (CSAPR) Rule Struck Down
In December 2011, reporting on the EPA in general and its Cross-State Air Pollution Rule (CSAPR) rule in particular, Texas Monthly asserted that:
In 2009, when [President Obama’s] newly appointed EPA chief, Lisa Jackson, announced that greenhouse gases would be regulated ...
Re: Virginia Tech, Tucson, Aurora, and Counting
If Friday’s post by Dr. Torrey isn’t enough to raise concern about our mental-health system, consider that, even if criminals are finally committed to a facility after a violent act, the fight to keep them there never ends.
Re: Re: Did Fast and Furious Not Happen?
I understand reporters often work on a wide variety of topics and therefore cannot be an expert on each one, but when it comes to firearms it seems like many reporters do not even know anyone who knows anything about ...
Florida Could Have Three New State Supreme Court Justices
Florida Supreme Court Justices R. Fred Lewis, Barbara Pariente, and Peggy Quince are up for retention election this November. As Carrie Severino pointed out last April, each of these three incumbents somehow missed Don Rumsfeld’s advice that in order ...
Sharia Law Is the New Jim Crow
America has already suffered the experience of an extralegal system: Jim Crow. Now sharia looms as an extralegal threat to our freedom.
Flee your family because they have been abusing you? Get your nose carved off your face. Refuse an ...
Important Second Amendment Procedural Victory in the Ninth Circuit
There is a development in February’s Ninth Circuit appellate ruling in Peruta, which held that San Diego County could refuse to establish a “shall issue” open carry policy or a “shall issue” conceal carry policy, but not both.
Ninth Circuit Confirms a 2nd Amendment Right to Carry
As I reported here and here, federal appellate judges around the nation have been inconsistent on the matter of carrying firearms outside the home. Most states in the U.S. have a “shall issue” policy, which means they will issue ...
Re: Russian Paper: Snowden Ended Up in Russia by Accident
In a meeting with Russian Foreign Ministry officials in Moscow two weeks ago, I was told in no uncertain terms that Snowden’s arrival was a surprise to Russian officials and could only have been concocted by the United States. ...
Seventh Circuit Denies En Banc of Decision Striking Down Ill.’s Conceal-Carry Ban
As I reported here, in December a three-judge panel of the Seventh Circuit Court of Appeals ruled that Illinois’ complete ban on carrying firearms disturbed the Second Amendment, although it stayed its own ruling for 180 days to enable the state ...
Three Florida State Supreme Court Justices Intervene
As I discussed earlier (and Carrie Severino covered here and here) Florida Supreme Court Justices R. Fred Lewis, Barbara Pariente, and Peggy Quince won their retention elections even though none of them were qualified to be on the ballot. A ...
Please Leave On All Electronic Devices
The Federal Aviation Administration is proposing a new rule which would prohibit pilots from using electronic devices in the cockpit for personal use, while allowing them for professional purposes (most of those 40-pound flight manuals have been replaced by iPads). ...
Massacres and Mental Illness
Serious illness is painful and heart-wrenching for patients, family, and friends, be it physical or mental. Since most medical conditions rarely result in severe behavioral changes that prompt violence, mental illness carries a stigma that does not accompany congestive heart ...
Michael, your question is a good one; let me attempt to answer it.
When it comes to taxes, the reality seems to play out like this: 1) Overspending leads to a deficit/debt problem; 2) An offer is made to cut spending ...
Three Florida State Supreme Court Justices Could Leave the Bench
On November 6, Florida Supreme Court justices R. Fred Lewis, Barbara Pariente, and Peggy Quince were up for retention election and were easily retained. As I discussed earlier on Bench Memos (as did Carrie Severino here and here) all three of ...
The USDA's 'Two Millon Dollar Man'
Gentlemen, we can hire him. We have the audacity. We have the capability to make the world’s first intern position that costs two million dollars. Better than the others before. Better . . . stronger . . . faster.
No, this is not that article ...
At Some Point, Can We Please Focus On The Patients?
During several harrowing days with my sick uncle in the hospital last year, I had two epiphanies: First, the hospital system is set up for the hospital, not for the patient. This led to the second epiphany: During my lifetime, ...
The Good News In The Obamacare Decision
Well, it could have been worse. Much, much worse. A quick overview of the good news in the decision after some quick skimming:
The mandate is upheld as a tax, using the coercive — but not unlimited — power that ...
Curious Development in the Takings Clause
I recently co-authored a piece in Engage that asks: “Does the Takings Clause Have an Expiration Date?” The Supreme Court has already answered in the negative with a clear declaration that “[t]his ought not to be the ...