Opinion
It’s Congress’ Responsibility to Legislate; Not the Courts’
The U.S. Supreme Court on October 29 agreed to review a 9th U.S. Circuit Court of Appeals decision that broadly construed the right of individuals to file suit for infringement of their constitutional rights -- a sure sign the 9th Circuit will once again be overturned...
Forced Covid Vaccination for Kids Is Unlawful
Now that the Food and Drug Administration has authorized the Pfizer -BioNTech vaccine for 5- to 11-year-olds, expect a wave of Covid-19 vaccine mandates for children. San Francisco announced last week that the city will require children in that age group to show proof...
Andrew McCarthy Misses the Point on Public Schools
It is flattering that a commentator as astute as Andrew McCarthy would respond to my Wall Street Journal article questioning the current public-school system. But it is dismaying that, in “The Wrong Way to Fight Progressive Indoctrination in Public Schools,”he...
Is the Public School System Constitutional?
The public school system weighs on parents. It burdens them not simply with poor teaching and discipline, but with political bias, hostility toward religion, and now even sexual and racial indoctrination. Schools often seek openly to shape the very identity of...
Kruckenberg: Accused Means Guilty in College Kangaroo Courts
It’s a scary time to be on campus and not just because of COVID-19. In the past decade, the US Department of Education has prioritized the detailed management of disciplinary actions on campus for students and faculty accused of sexual misconduct. The department has...
FDRLST Media, LLC v. NLRB
The Third Circuit Court of Appeals will shortly hear argument on a case involving a light-hearted joke and the heavy hand of the administrative state. The case presents the court with the opportunity to restore actual aggrievement to the labor law’s explicit statutory...
Purchasing Submission
Our government rules us in many ways. Theoretically, by law. As a practical matter, by administrative edicts. But that's not all. It also controls us by purchasing our submission. The problem crosses party boundaries. All recent administrations have governed by...
Good-bye, Morrison v. Olson
United States v. Arthrex, this summer’s much-anticipated Supreme Court decision which concluded that the Patent and Trademark Appeal Board (PTAB) is unconstitutionally structured, is unlikely to have a major impact on PTAB operations. The Court “fixed” the...
MSU Shot Mandate Tramples Liberty
Among the most bizarre aspects of an undeniably strange past 18 months has been the refusal of the media, as well as various governmental entities and public health authorities, to acknowledge the existence of naturally acquired immunity in the context of COVID-19....
Education Secretary Withdraws Unlawful Critical Race Theory Proposal
U.S. Secretary of Education Miguel Cardona quietly blogged on July 16, 2021, that the U.S. Department of Education has apparently rescinded its “Proposed Priorities—American History and Civics,” which was published for public comment in the Federal Register in April....