Why not just ask 100 five-year-olds to pick a president? Ridiculous, you say. They know nothing of the world, the issues, the problems or the candidates. Their vote would be pointless, worthless. It would be undemocratic. But then, are we doing any better asking ten million voters to vote who have little better grasp of the issues and candidates than the toddlers?

To try to blunt the obvious assumptive leap, this isn’t to start an argument about testing voters knowledge as a qualification to vote. Not only would that be unconstitutional, but there is no way it could be accomplished without abuse. It would be a terrible idea and I suggest no such thing, even if all the recent talk of voter suppression pushes your perspective in that direction. Continue reading →

To their credit, the police in Windcrest, Texas, are considering alternatives to the way things have “always been done,” which has often been done wrong and too often with disastrous results. They are offering drivers an alternative to the usual traffic stop called the Trusted Driver program.

It’s a concept never done before, and it’s about to happen in Bexar County: Getting a traffic ticket sent to your phone without an officer pulling you over. One police department will be the first in the nation to test it.

“It’s not a 100% solution, but it’s a step forward in the right direction,” said Val Garcia, President & CEO of the Trusted Driver Program.

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I’m not religious. As a practical matter, I consider myself an “ethnic Jew,” mostly agnostic toward the religious side, I strongly believe in the separation of church and state, and am extremely wary of those who justify policy based on their belief system.

But at the same time, I am respectful of those who believe in their religion, not because I share their beliefs but because I recognize their right to their religious beliefs. And being a member of a religion shared by a small minority of Americans, it never bothered me that the religion of most Americans, Christianity, was treated differently, better, than mine. It was the only practical way to deal with it, as there didn’t seem to be much point to keeping school open on Christmas day when only a few of us would show up. Continue reading →

Hey everyone! Last week Hunting Guy struck a nerve with me when mentioning one of my other rabid passions outside of the law and writing: magic. So this week, I’m going to try and start your new year off with a dose of love, good luck, or whatever else you may need!

You’re about to experience Woody Aragon’s “Love Ritual,”* which many magicians, including Penn, Teller, and myself, have used repeatedly in shows to great effect. If you follow all my instructions, you’ll have a piece of magic you can do in your own home that will bring you good luck or make you lucky in love in 2022. Continue reading →

It was a bench trial, and the Judge found the defendant guilty. It was, at that point, entirely in the hands of Adams County, Illinois, Circuit Judge Robert Adrian to decide whether the prosecution met its burden, and he did. Guilty of sexual assault.

Mr. Clinton was charged with criminal sexual assault on June 1, 2021. The girl reported that he sexually assaulted her after she became intoxicated at a party on May 30, according to court records.

During the bench trial, she testified that she was unconscious and woke up to find a pillow covering her face and Mr. Clinton assaulting her. Continue reading →

In a column about the gender gap, Thomas Edsall includes a deeply disconcerting statistic.

While liberal and left identification among female students reached a high in 2016, male students remained far below their 1971 high, which was 44 percent.

Along parallel lines, a Knight Foundation survey in 2017 of 3,014 college students asked: “If you had to choose, which do you think is more important, a diverse and inclusive society or protecting free speech rights.” Continue reading →

In criminal appeals, one aspect of strategy is to humanize the defendant in order to create as much empathy, if not doubt that the defendant is guilty, as possible when the court considers the legal arguments to overturn a conviction. The reason is simple, that a less hated defendant is more likely to receive sympathetic consideration. It’s human nature.

But the reality is that some defendants are just bad dudes, and committed heinous crimes. There isn’t much good to say about them. Yet, courts will, on occasion, reverse on the law anyway, cutting a bad dude a break. It’s really quite remarkable when this happens, given human nature, and yet it does. That’s the nature of law, in general, and crim law, in particular, that it’s molded around people who aren’t sympathetic and did things that were, well, heinous. Continue reading →

During oral argument before the Supreme Court in the vax mandate cases, Justice Sonia Sotomayor raised a “fact” that wasn’t.

Justice Sonia Sotomayor claimed that over 100,000 children are in “serious condition” with covid-19. Many, including The Post’s Glenn Kessler, pointed out that while omicron does seem to affect children more than other variants of the coronavirus, Sotomayor’s figure was wrong by a factor of about 20.

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Many of my First Amendment “fellow travelers” try desperately to show why every defamation suit is bad, wrong, and baseless. It’s understandable why they approach such actions with a strong bias against such suits, as they serve to censor, or at least, chill free speech upon fear of being held liable. As a general precept, it’s fair to approach defamation actions with skepticism.

But that doesn’t mean that defamation doesn’t happen and that some suits aren’t extremely well grounded. Take the case of Ruby Freeman, an election worker who had the grave misfortune of being named by Gateway Pundit as having committed “voter fraud on a MASSIVE scale.” She did nothing wrong, but nonetheless became the target of hate and ruin by a right-wing mob of flaming nutjobs. Not that Gateway Pundit cared. Continue reading →

It would seem at first blush that an employer would have certain prerogatives as to directing the attire worn by employees on the job. But Jennifer Abruzzo, general counsel of the NLRB, disagreed when it came to Whole Foods employees wearing Black Lives Matter masks.

In a Dec. 17 filing with the National Labor Relations Board, Whole Foods denied the agency general counsel’s allegations that the company violated federal labor law by banning employees from wearing “Black Lives Matter” insignia and punishing staff around the country who did. The filing is a response to the labor board’s accusation that by prohibiting Black Lives Matter messages at work, the company interfered with employees’ rights under the National Labor Relations Act to engage “in concerted activities for their mutual aid and protection.”

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