Oral argument will be had today in United States v. Skrmetti, challenging the Tennessee law prohibiting medical intervention for minors for gender dysphoria, pitting the Equal Protection Clause for sex discrimination against the unsettled medical nature of hormonal to surgical interventions for children.

The Tennessee law prohibits medical providers from prescribing puberty-delaying medication, offering hormone therapy or performing surgery to treat the psychological distress caused by incongruence between experienced gender and that assigned at birth. But the law allows those same treatments for other purposes.

The primary question for the justices is not whether Tennessee’s ban is wise or consistent with the views of medical experts. It is, instead, whether the law makes distinctions based on sex. If it does, a demanding form of judicial review — “heightened scrutiny” — kicks in. If it does not, the Tennessee law will almost certainly survive.

Continue reading →

Sure. it’s all the rage at the moment, but Joe Biden’s pardon of his son is hardly a novel concept, either as to pardoning a family member (think Charles Kushner) or issuing a pardon on the way out the door. But it still emits an unpleasant odor, both because the president asserted that he would not do so, undermining whatever integrity he had left, and that there is no accountability for the exploit of a power possessed solely by the president.

Presidents have the constitutional “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” There’s nothing Congress can do about that.

Continue reading →

When Donald Trump pardoned Crazy Joe Arpaio, there was a smattering of criticism that lasted minutes, maybe an hour or two, before he did something else that caught the media’s attention. Joe Biden is unlikely to be so lucky when it comes to his issuance of a pardon to his son, Hunter, after the many disavowals that he would do so. Is the problem that he pardoned Hunter, that he flip-flopped, maybe lied, about not pardoning Hunter, or both?

He said he made the decision because the charges against Hunter were politically motivated and designed to hurt him politically. Continue reading →

It started as a Joan Rivers’ shtick on Fashion Police, but it’s now the basis for a lawsuit in the Western District of Texas between “influencer” Sydney Nicole Gifford and “content creator” Alyssa Sheil.

In the lawsuit filed in April, Gifford — who has over 790,000 followers across Instagram and TikTok — claimed “at least” 30 photo posts across Sheil’s platforms featured “identical styling, tone, camera angle and/or text” to her images.

Gifford also claimed that Sheil — who has 380,000 social media followers — posted “nearly identical videos” to her content.

Continue reading →

Before being subjected to hearings before the appropriate Senate committees for confirmation, senior executive branch nominees undergo investigation by the FBI to ascertain whether they have any issues that could compromise national security and prevent them from clearance for confidential information. And both Democrat and Republican counsel, whether disagreeing on myriad policy matters otherwise, agree that these FBI checks were critical to United States national security.

For several years, we were the Republican and Democratic counsels who reviewed presidential nominees’ background checks for the Senate Judiciary Committee. We know how the confirmation process is supposed to work and how important F.B.I. vetting is to that process. That’s why we’re appalled by reports that the new Republican-led Senate and the incoming Trump administration may dispense with it. Continue reading →

Friends, as you read this it’s Black Friday. The day retailers attempt to move their ledgers into the black by offering deep discounts on shit they marked up to begin with so shoppers feel satisfied as they part with their hard earned dollars.

Unfortunately, Americans no longer give this day the significance it once held. We’ve grown soft with our Cyber Month sales at Amazon and our two-day Wal-Mart deliveries. No longer do we have the killer instinct that produced some viral YouTube videos of grandmothers getting knocked senseless in pursuit of the newest smart TV. Continue reading →

Why it’s called “Black” Friday, I don’t know. Why not “Sale” Friday or “Green” Friday, because green is really what it’s all about. Of course, if that cool new flat screen OLED TV can be sold today for $12.39, why did it cost $2,097.99 last week? Of course, we all know that it costs more to make, market and sell than the ridiculously low price being offered today. We also know that the neither the company whose name is on the TV, as well as the company whose name is on the store or website selling the TV, have to make a profit or they won’t stay in business.  So what gives?

There are, obviously, two big reasons why retailers do this. First, because they have to clear out merchandise that didn’t sell at full price. It’s not doing them any good to have back rooms filled with unsold TVs, each representing money tied up in inventory that’s going nowhere fast. Plus, if the back room is full, where will they put the incoming, next year’s, new and improved, not to mention more expensive, stuff? Continue reading →

Since my son went off the college, he’s brought his friends from college whose either lived too far away to go home for Thanksgiving or couldn’t afford the trip. We always wanted to be the place they were welcome. For well over a decade now, we’ve shared Thanksgiving at Casa de SJ with who our daughter dubbed the “Lost Boys.” They became part of our family.

This Thanksgiving, our son came home with his special person, who is brilliant, lovely and brings me hope of becoming a grandfather some day. But the Lost Boys? They were here last year, except one who was supposed to come but mysteriously went silent and ghosted us at the last minute, causing Dr. SJ much concern and sadness. This year, they no longer needed a second home, a second family, so they wouldn’t be alone on Thanksgiving. Continue reading →

It seems wrong to many that two people, a mother and father, who are within the borders of the United States of America without lawful authorization, should be able to produce a child who, by virtue of having been born here, is American. After all, if the parents never should have been here in the first place, how can their illegal status be magically cleansed for their offspring, who is a birthright citizen? Because that’s what the Fourteenth Amendment to the Constitution says.

Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Continue reading →

Vicki Baker didn’t do anything wrong. She didn’t ask for or facilitate Wesley Little entering her house with a teenage girl, later released. She didn’t let him refuse to leave. She wasn’t even there. And yet, she, and she alone, will bear the cost of the police destroying her house, now that the Supreme Court has denied cert and allowed the Fifth Circuit’s ruling to stand.

The Takings Clause of the Fifth Amendment provides that private property shall not “be taken for public use, without just compensation.” This case raises an important question that has divided the courts of appeals: whether the Takings Clause requires compensation when the government damages private property pursuant to its police power.

Continue reading →