Must Hecklers Be Tolerated For The “Health of Free Speech”? (Update)

In a post that infuriated the progressive left, Jonathan Chait argued that the illiberal authoritarian left whose latest performance is the disruption of President Biden’s events are not engaged in the legitimate exercise of free speech, but its antithesis.

The twist, of course, is that the mobs shutting down the opposition to Trump are not Trump supporters, or at least not right-wing Trump supporters. Pro-Palestinian activists have set out to disrupt Democratic Party officials from speaking and raising funds to defeat Trump.

A New York Times story recently drew some attention to the political problem this creates for Democrats. Indeed, some of the protesters are trying to defeat Biden (ergo, to elect Trump) to teach the Democrats a lesson, and others are merely trying to force the Democrats to move left before the election.

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Tuesday Talk*: Where Do You Stand on Student Debt Forgiveness?

It’s back, not that it’s ever really been gone. But this time, it’s back, bigly.

On Monday, President Joe Biden announced a second attempt at federal student loan forgiveness. The new plan, which is estimated to affect over 30 million borrowers when combined with earlier efforts, aims to enact widespread loan cancelation primarily by expanding existing forgiveness programs and targeting borrowers with high balances due to accumulating interest.

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Should Justice Sotomayor Take One For The Team?

“Don’t RBG us, Sonia,” has become a rallying cry for those who fear that Justice Sonia Sotomayor might give Trump yet another seat on the Supreme Court. Some pundits have been quite open about it, citing her diabetes to offset that fact that Justice Sotomayor is a mere babe at 69 years, compared at least to the presidential candidate at 81.

Others, like 78-year-old Senator Richard Blumenthal, are trying to soft-pedal their push.

“I’m very respectful of Justice Sotomayor. I have great admiration for her. But I think she really has to weigh the competing factors,” said Sen. Richard Blumenthal, D-Conn. “We should learn a lesson. And it’s not like there’s any mystery here about what the lesson should be. The old saying — graveyards are full of indispensable people, ourselves in this body included.” Continue reading

Who “Owns” A Child?

Would it be wrong for a judge to remove a child from the custody of his parent if, due to a parent’s religious belief, the child was denied a life saving drug or surgery? Few would question the judge’s decision as to what was in the best interest of the child. Certainly, a child’s death or disability isn’t a good thing, no matter how passionately the parent believes that god will save their offspring.

But is gender transitioning in the same category as, say, diabetes? The question is not whether it is or isn’t, but who gets to decide whether it is or not. In H.S. v. Dep’t of Children & Families, the Florida Fourth District Court of Appeals decided that the decision belonged to the parent, not a judge, who was at minimum sympathetic to, and accommodating of, the child’s desires. Continue reading

Can Old Houses Be “Racist”?

Casa de SJ will soon celebrate its centennial. Built as a Georgian Colonial country house in 1927 by architects Polemus and Coffin, its first resident was Hoffman Nickerson, who was not only dear friends with H.L. Mencken, but an advocate for an American landed gentry. He would not, in today’s parlance, be considered “woke.” Indeed, his attitude toward the poor and downtrodden would like be roundly condemned. Does that make Casa de SJ a racist house?

The two-and-a-half storey 9,000-square foot house in the Yonge and St. Clair area, was built in 1906 for Stapleton Pitt Caldecott, a former Toronto Board of Trade president who was opposed to immigration, a University of Toronto historian says. Continue reading

Seaton: Sheriff Roy And The Reset

Sheriff Roy wondered if what he saw was part of some weird fever dream.

The sky above was white as a sheet of paper with no form or shape to anything. Same with the ground below. No scenery was visible. Just white everywhere.

In fact, the only thing more peculiar than the scenery was the young boy standing in front of the Sheriff. Approximately twelve, wearing corduroy pants, a green polka-dotted shirt and a red bow tie, the ginger haired child smiled at Sheriff Roy with a knowing smirk.

“Time,” the boy said, “is an illusion. Lunchtime doubly so.” Continue reading

Executing The “Bad Woman”

The Supreme Court will soon hear argument in the capital case of Brenda Andrew, the only woman on death row in Oklahoma. Whether she murdered her estranged husband is one question, central to her conviction. But whether she wore thong underwear, as put on display to the jury during the prosecution’s summation? Not so much.

During his closing argument in the 2004 murder trial of Brenda Andrew in Oklahoma, a prosecutor dangled her thong underwear before the jury. She had packed the undergarment for a trip to Mexico a few days after her estranged husband was killed. Continue reading

Are Voting Crimes Different?

As a general rule, relying on the kindness of prosecutors to not abuse poorly written laws by prosecuting people who did no intentional wrong is not a viable solution. Sure, some prosecutors will say they would never abuse their authority, but then, when they decide to prosecute, they believe they are on the side of justice, whatever that means. The problem is “justice” means whatever the prosecutor believes it means, and that’s not at all how law is supposed to work. Yet, that’s how it worked for Texas defendant and erstwhile voter, Crystal Mason

.When a Texas appeals court reversed itself last week and acquitted Crystal Mason, a mother of three, in a voting fraud case, it ended almost a decade in which Ms. Mason lived in fear of being torn away from her family and imprisoned. Continue reading

No Margin For Tragedy

The simple answer, that it’s war and sometimes mistakes happen in war, isn’t good enough. Sure, mistakes happen. Sure, war is confusing and chaotic. But Israel knew only too well that it was under extreme scrutiny. Israel knew whose trucks they were, what they were doing there, where they were going and that they were not Hamas, but humanitarian aid workers. It seems impossible that such a mistake could be made.

Israel’s top military commander formally acknowledged on Wednesday that its military had made a “grave mistake” and apologized for the attack on an aid convoy that killed seven workers from the charity group World Central Kitchen, a rare admission of fault by Israel in the six-month-old war in the Gaza Strip. Continue reading

Tuesday Talk*: Muzzling A Candidate Defendant

In the usual course, a criminal defendant would not deliberately try to anger the judge in his case. It’s not that one shouldn’t expect a judge to be above personal attacks and render decisions that are correct regardless, but to the extent a defendant would want the judge to be  as sympathetic to his cause as possible, attacking the judge is not the best plan. Then again, Donald Trump is not the usual defendant.

It was an explosive claim from Donald J. Trump, just weeks before his Manhattan criminal trial is set to begin: He assailed the judge’s daughter on Wednesday, saying she had used an image of the former president behind bars as a social media profile picture.

The photo made it “completely impossible for me to get a fair trial,” Mr. Trump wrote on Truth Social. He demanded that the judge, Juan M. Merchan, recuse himself.

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