Category Archives: Uncategorized

Traffic Stop Felonies, Declined

Even without the travesty of Whren, car stops held a special place of infamy in the police “arsenal.” Largely excepted from the constraints of the Fourth Amendment under the “automobile exception,” rife with potential for racial profiling and abusive threats to obtain consent and obeisance from the understandably fearful, it was an opportunity too easy for cops to ignore. Bad things happened. A lot. Far too often.

But the argument in favor of them is that “good things” came of it too, such as the busts where drugs or an illegal gun was found, thus justifying, or at least off-setting, the many abuses. Whether the occasional felony bust that came of a random car stop was sufficient to assuage the conscience of those who squinted hard at the tens of thousands of abusive stops for that one big bust was a matter of sensibilities. Continue reading

Short Take: Should a Justice’s Home Be Off Limits?

The question isn’t a legal one, as the First Amendment, subject to certain content-neutral time, place and manner restrictions, would permit it. But just because the law allows something does not mean it should be done. In the distant past, the idea of protesting at a government official’s home crossed a line. The norm was that homes and families were off limits as a matter of civility.

That’s long since changed, as reflected by the middle-of-the-night protests at the home of Portland mayor Ted Wheeler and New York City police commissioner Dermot Shea. No doubt the neighbors were thrilled. Continue reading

Short Take: Cop Can’t Cuff Licensed Gun Guy

One of the most problematic aspects of being a lawful gun possessor has been the risk from cops. They care more about the First Rule of Policing than your right to possess a gun (or any other right, for that matter), and the fact that you have a facially valid permit isn’t necessarily sufficient to assuage their concerns, as Basel Soukaneh found out the hard way.

In 2018, Basel M. Soukaneh stopped his car to check his phone in a questionable area of Waterbury, Connecticut. When he was approached by a police officer, he presented his driver’s license and pistol permit, notifying the cop that he had a gun in the car. Continue reading

Tuesday Talk*: Tribe’s Fix For Texas’ “Private Attorneys General”

After once-respected Harvard Prawf Larry Tribe’s imaginative if disastrous journey down the road to eviction moratorium 2.0, which lasted all of about 12 minutes until he embarrassed a president (who wasn’t Trump) for deliberately engaging in unconstitutional conduct and himself for being Dersh’s bookend, one would have expected a bit of circumspection. Perhaps even humility, given how flagrant his indulgent exercise in fantasy proved. But no. Larry Tribe is back, and he’s got another brilliantly imaginative idea! Continue reading

Return of The Anti-Sex Crusaders

What’s striking is the underwhelming characterization of the writer in this New York Times twit.

OnlyFans “offers the illusion of safety and deniability for producer and consumer alike,”  Catharine MacKinnon, a lawyer, writes in a guest essay.

A lawyer? Catharine MacKinnon? How very modest. With Andrea Dworkin gone, MacKinnon would be in the lead, axe in hand, smashing reel to reel movie projectors in “art film” houses across the nation, because porn is evil. Continue reading

Labor Day 2021

Whether you choose to put away the seersucker suit for the season is up to you, but Labor Day was established in 1894 to celebrate the “contributions and achievements of American workers” in the early days of the Industrial Revolution, when working conditions were so dangerous and horrific as to be unfathomable to today’s worker. And thankfully, legislation changed much of that, between the Wagner Act and the Fair Labor Standards Act, and later the  Civil Rights Act, Occupational Safety and Health Act and Equal Pay Act, workers have enjoyed vast improvements over the past century.

But what about now? According to MIT prof David Autor, while pandemic benefits have played a role in the current labor shortage, the rules is insignificant. The lack of affordable child care has also been raised as a reason, but that, too, doesn’t empirically bear out as the cause of the problem. He posits another rationale. Continue reading

The Shadow Docket, Demonized

Had it been used to stay an execution, it would be glorified. But this time, the outcome was contrary to pop desires and, in my view, wrong, even though the Supreme Court, in my view, is often wrong. When the Supreme Court refused to enjoin Texas’ sweetest gift to the Democrats ever, SB8, the reaction from the left wasn’t just to catastraphize the ruling at the brutal back door murder of Roe v. Wade, but proof that the Supreme Court had to go.

There were the usual calls to expand the Court to put a majority of reliable and dedicated progressives on the bench, so the Court would never rule “wrong” again. But Jamelle Bouie at the New York Times found a new demon to slay: The Shadow Docket. Continue reading

Seaton: The Mind of Maher

I can’t say I’ve ever been a fan of Bill Maher. Some of his HBO stand-up specials were pretty funny, but his film “Religulous” and panel show Real Time With Bill Maher strike me as self-obsessed works pandering to his sense of smug superiority.

No real improvements were apparent once Maher’s corporate media bosses started letting him interview “problematic” guests like Milo Yiannopolous or Jordan Peterson. Maher still had to get his digs in on conservatives and their policy decisions every chance he could and regurgitate all the current progressive talking points. Continue reading

Virginia’s Values Change, But Does Its Duties?

The Commonwealth of Virginia accepted a gift of property in Richmond in 1890. The legislature approved a resolution in 1889. The Governor signed off on it in 1890. The property came with a catch.

On July 15, 1887, the heirs of William C. Allen (the Allen heirs) conveyed by deed (the 1887 Deed) to the Lee Monument Association a round piece of property (the Circle) located at the intersection of Monument Avenue and Allen Avenue, which is now in the City of Richmond, Virginia. The terms of the 1887 Deed required the grantee, the Lee Monument Association, to
use the Circle as a site for a monument to Confederate General Robert E. Lee (General Lee), and required the Lee Monument Association to hold the Circle “only for the said use.” Several months later, the Lee Monument Association commissioned an equestrian statue of General Lee and a pedestal (together, the Lee Monument) to be erected on the Circle.

Continue reading

Ex-DA Jackie Johnson Indicted Over Exercise of Prosecutorial Discretion

It’s hard not to ascribe the worst of motives to the former Glynn County, Georgia, district attorney over her decision to do nothing about three men, one of whom had worked for her, over the murder of Ahmaud Arbery. There was video. We saw it. Could this be anything but a whitewash?

But once Jackie Johnson was voted out of office as DA, after the case was transferred to other prosecutors for investigation and prosecution, and the three defendants were charged with Arbery’s murder, what was left to do? Georgia Attorney General Chris Carr indicted Johnson. Continue reading