The video is hard to watch, the clear and graphic view of 36-year-old Randy Cox sitting in the back of a police wagon, his hands cuffed behind him, then suddenly being hurled into the door head first and, well, you’ll see.
https://twitter.com/AttorneyCrump/status/1541572334569394176?s=20&t=w7ERjHLmfSQT-SsqMO26cQ
While most people were losing their heads over the “big” Supreme Court decisions about guns, abortion and prayer, there was another ruling, unanimous, that would have (or at least, should have) been huge in less controversial times to criminal defense lawyers. In Ruan v. United States, the Supreme Court reversed the convictions of two medical doctors, for running what the government contended were “pill mills.”
Petitioners Xiulu Ruan and Shakeel Kahn are both doctors who actively practiced medicine. They both possessed licenses permitting them to prescribe controlled substances. The Government separately charged them with unlawfully dispensing and distributing drugs in violation of §841. Each proceeded to a jury trial, and each was convicted of the charges.
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The past week has been pretty hard at the Supreme Court for some, and pretty great for others. If you’ve been on the winning side, whether on guns, abortion, prayer or all three, you may take the attitude, “We won, you lost, get over it.” And, perhaps, you would also argue that if the other side was able to stack the deck with its ideological loyalists, they would have done so in a flash and been just as pleased with being winners.
But what about the legitimacy of the Supreme Court?
“Legitimacy is for losers,” a political scientist once said. It’s a profound concept. The winning side in a decision will gladly accept it without asking why. But the losing side — whether the decision is made by a basketball referee or the Supreme Court — will accept defeat only if they believe the decision was made fairly and by the book. Continue reading
The Foundation for Individual Rights and Express, FIRE, which has picked up the gauntlet tossed in the trash by the ACLU on such civil liberties issues as free speech for people who don’t pray at the alter of identity politics (or donate to the ACLU), has taken up arms against the Biden administration’s proposed changes to Title IX regs for campus sex tribunals.
Since Heller and McDonald are the law, holding the Second Amendment’s right to keep and bear arms as a fundamental personal right applicable to the states, the only remaining question was whether a state like New York, or more to the point, a City like New York, could just say “nah,” do as it always did with a warm hug from the Second Circuit and have the Supreme Court look away and pretend it saw nothing.
That looked pretty much to be the net outcomes until N.Y. State Rifle & Pistol Ass’n v. Bruen, where, painful as it is to say, Justice Clarence Thomas’ rationale is entirely sound. Continue reading
Regardless of whether you support the policy choice of being for or against abortions, and for most people, it’s some more nuanced point in the middle rather than the extreme “all or nothing” position of ideologues and fools, you may well come to regret the Friday when the majority of the Supreme Court proved themselves as venal as they’re been painted. They didn’t need to do it. They shouldn’t have done it. But they could do it, so they did.
And for Clarence Thomas to then throw fuel on a bonfire, while Ginni cackles, was one of the single stupidest and self-indulgent things a justice has ever done. But, of course, he did it. Continue reading
If the last two years taught us anything, it’s that just when you think life can’t get any weirder, life will stare you straight in the eye and say “Hold my silly-string flavored beer.”
Last week I made a bunch of bad jokes about an incident where a Washington Post reporter got suspended without pay for retweeting a joke. Then this week I find out Vince McMahon, the 76-year-old billionaire at the helm of professional wrestling giant WWE, is stepping down from his roles as Chairman of the Board and CEO due to an alleged $3 million hush money payout made to a former paralegal. Continue reading
As expected, the 50th Anniversary of Title IX wasn’t merely a day to remember when women got to play sports and men’s teams were eliminated because there weren’t enough women interested to align the numbers. It was the day Joe Biden’s renominated head of the Department of Education’s Office of Civil Rights would have her last hurrah. As expected, Catherine Lhamon introduced her new rules designed to undo the regulations instituted by Betsy DeVos to provide minimal due process to the nightmare of campus sex inquisitions.
You see, Lhamon has dedicated her public service to the nightmare of campus sex inquisitions. Continue reading
There’s no lack of discussion of Title IX of the Education Amendments of 1972, but that’s about what activists have turned Title IX into, not what it was or was meant to be. Now that it’s reached its 50th birthday, there’s some discussion of how it worked out.
But in some ways, Title IX was a Pyrrhic victory. For all its successes, the groundbreaking legislation has failed to allow girls and women to excel on terms independent of boys and men. Like so much in our culture, sports are still based on a male model — a man’s body, a man’s interests. Current models of success in mainstream sport leave women competing on standards that exclude us, where in most cases we are not set up to thrive. Continue reading
Given the makeup of the 6-3 decision, with the usual suspects on their expected sides, there was almost no chance that the analysis of Carson v. Makin wasn’t going to be spun into an existential crisis preceding the end of the world as we know it.
The Supreme Court’s conservative supermajority effectively declared on Tuesday that the separation of church and state—a principle enshrined in the Constitution—is, itself, unconstitutional.
“Effectively” is doing far too much work there. The decision did nothing of the sort. Continue reading