At the University of Texas School of Law, on March 6, 2018 the student chapter of the Federalist Society sponsored a debate on the impact of race-based affirmative action on Asian-Americans. The speakers were noted UT law professor Sanford Levinson (defending racial and ethnic preferences) and Houston attorney Cory Liu, a volunteer with the organization Students for Fair Admissions, speaking in opposition. The speakers eloquently exchanged their views, before an attentive audience of over 100 persons, for nearly an hour, and then opened the discussion up to questions.
February 13th was the 2nd anniversary of Justice Antonin Scalia’s death. Few can doubt the lasting impact the judge had on the judiciary and the country. His death left a choice for the American electorate they seldom have—the choice of a justice nominated by the departing President Barack Obama with the promise of candidate Donald Trump to nominate justices like Scalia. In perhaps their greatest tribute to the judge, the country chose as President the man who promised judges like Scalia who recognize “…the need for a democratic society not to expect the Constitution to make all its important decisions.”
The Supreme Court will hear oral argument today [February 26] in one of the term’s most important—and highly publicized—cases, Janus v. American Federation of State, County, and Municipal Employees, Council 31. As many readers are aware, the case involves the constitutionality of “agency shop” arrangements in public sector collective bargaining agreements, which compel non-member employees to make payments in lieu of union dues as a condition of their employment. Agency shop clauses are commonly used in public-sector labor contracts, enabling powerful unions representing teachers and other government employees to collect large sums of money from workers who never consented to such exactions (and who, for that matter, never voted in favor of union representation).
As someone who writes frequently on the topic of judicial activism, I am often asked, “What is the solution?” This is a vital question. Put another way—as I did in a previous essay at American Greatness—“Can Activist Judges Be Controlled?” The short answer is: With great difficulty, yes. But if it’s a quick and easy answer you want, forget it. The current crisis took decades to develop. It won’t be resolved with a sweeping gesture.
Baron & Budd files suit against pharmaceutical distributors for role in creating opioid crisis in Baton Rouge
BATON ROUGE - On Jan. 24, the national law firm of Baron & Budd announced that it has been hired to represent the Parish of East Baton Rouge and the City of Baton Rouge in litigation against five of the largest pharmaceutical distributors and three drug wholesale distributors for their role in allegedly creating a public nuisance by failing to regulate orders of prescription opiates in the Parish of East Baton Rouge.
On November 4, 2014, when the 51-year-old Ken Paxton was triumphantly elected Attorney General of Texas, defeating his Democrat opponent, the euphoniously named Sam Houston, by over 20 percentage points, the conservative movement in the Lone Star State had a new rising star. Paxton’s enemies were worried; the Tea Party favorite, an impressive University of Virginia law school graduate, seemed bound for the Governor’s mansion, a prospect that made the state’s centrist GOP Establishment aghast. Paxton’s political career had been nothing short of meteoric. First elected to public office in 2002 with the support of grass-roots activists and evangelicals, Paxton represented his suburban Dallas district in the Texas House of Representatives for a decade before winning a coveted promotion to the exclusive 31-member Texas Senate in 2012.
I have been silent about Masterpiece Cakeshop v. Colorado Civil Rights Commission, not because I lack interest in the case, but because it has already generated extensive commentary here and throughout the commentariat. Court watchers, like fortune tellers reading tea leaves, speculate how the justices will line up, with Justice Anthony Kennedy likely casting the swing vote in favor or against the Colorado baker, Jack Phillips, who declined for religious reasons to create a gay wedding cake.