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Sanford Levinson’s Shame

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.

Remembering Justice Scalia through his public speeches.

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.”

Will the Janus Case Strike the Deathblow to Public Sector Unions?

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).

Is Impeachment the Answer to Judicial Overreach?

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.

Bad Science at NIOSH?

The National Institute for Occupational Safety and Health (NIOSH) was established by the Occupational Safety and Health Act of 1970 as a research agency focused on the study of worker safety and health.

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.

Prosecutorial Collusion in the Fourth Estate: Anatomy of a Witch Hunt, Part 4

Mark Pulliam analyzes the baseless and politically-motivated prosecution of Texas Attorney General Ken Paxton, exploring the disturbing collusion between the news media and the special prosecutors.

Paxton part of coalition asking Federal Energy Regulatory Commission to reduce utility rates

AUSTIN – Texas Attorney General Ken Paxton is taking part in a bipartisan coalition aimed at reducing consumers’ utility rates as a result of recent tax reforms.

None Dare Call It Politics: Anatomy of a Witch Hunt, Part 3

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.

Hurricane Harvey class actions moving ahead after judge denies DOJ delay request

HOUSTON – A pair of class action lawsuits against the federal government over Hurricane Harvey flood damage and a U.S. Army Corps of Engineers' decision to release water from the Addicks and Barker reservoirs are moving forward following a federal judge's decision earlier in December.

Victims of IRS's tea party bias - and taxpayers - must see Lois Lerner's testimony, lawyer says

Legal Newsline

CINCINNATI (Legal Newsline) - Lois Lerner, formerly of the Internal Revenue Service when it discriminated against applicants for tax exemptions based on their viewpoints, claims Americans have no right to read statements she made under oath about why she did it.

Citizen journalist arrested for scooping police

LAREDO – A citizen journalist and blogger was recently arrested for releasing the name of a border patrol agent who committed suicide before the police could put out a press release.

Abbott appoints Jimmy Blacklock to Texas Supreme Court

AUSTIN – On Jan. 3, Gov. Greg Abbott appointed and swore in Jimmy Blacklock to the Texas Supreme Court following Justice Don Willett’s confirmation to the U.S. Court of Appeals for the Fifth Circuit.

Texas AG joins 19 other states in support of cake artist in same-sex marriage case

AUSTIN – Texas Attorney General Ken Paxton and officials from 19 other states filed a brief with the Supreme Court of the United States supporting a bakery owner who refused to make a wedding cake for a same-sex couple, according to a friend-of-the-court brief filed in September.

Justice Kennedy’s Too-Late Lament for Tolerance

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.

Tort reform group endorses Katy Boatman for First Court of Appeals

HOUSTON – On Dec. 21, Texans for Lawsuit Reform PAC endorsed Katy Boatman of Houston in her campaign for Place 7 on the First Court of Appeals in Harris County and nine surrounding counties.

AG's office joins coalition in pro-farmer suit against Massachusetts

West Virginia Record

CHARLESTON — West Virginia Attorney General Patrick Morrisey's office is seeking to protect Mountain State farmers and c​​​​​onsumers by challenging a Massachusetts law that attempts to impose unlawful agricultural regulations on other states.

Texas off ATRA’s ‘Judicial Hellholes’ list, hail lawsuit reform cited as ‘Point of Light’

AUSTIN – For the past two years, two of Texas’ more litigious venues caught the attention of the American Tort Reform Association -- Hidalgo County, arguably the birthplace of mass hailstorm litigation, and the Eastern District of Texas, a hot spot for patent infringement cases.

Florida tops tort reform group's list of ‘Judicial Hellholes,' while California No. 2

Legal Newsline

California, City of St. Louis Circuit Court, New York City’s asbestos court and Philadelphia round out the American Tort Reform Association’s top five this year.

Supreme Court Removes Patent Litigation from the Heartland of Texas

For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the ability to insist they defend such lawsuits on their home turf.