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March 30, 2020

The Hill: California’s Newsom is wrong: Martial law is always a last resort

Gov. Gavin Newsom announced that the continued spread of COVID-19 in California could necessitate the imposition of martial law. "We have the ability to do martial law … if we feel the necessity," Newsom stated at a news conference on March 17. But Newsom is mistaken. While the current pandemic presents a public health crisis ...

March 26, 2020

How is COVID-19 affecting current Supreme Court cases?

This week, Pacific Legal Foundation Senior Attorney, Mark Miller, joined Host Tim Farley on The Morning Briefing on the P.O.T.U.S. channel on Sirius XM radio. During the show Mark discussed how the COVID-19 pandemic could affect the cases currently before the Court and the constitutional issues that the Court is deliberating. Listen to the intervie ...

March 16, 2020

The Hill: It’s up to the Supreme Court to teach Seattle ‘Free Speech 101’

Imagine a law that required Republicans to contribute to Bernie Sanders's or Joe Biden's presidential campaign. Or that the Hollywood left must donate to President Trump's reelection. Would you support such a law? Of course not ― most of us would find such a law to be not only unconstitutional but an affront to one's ...

March 09, 2020

Jurist: States should not adopt a speech code for lawyers

Attorneys litigate on both sides of some of the most contentious issues in the country: affirmative action, rent control, abortion rights, gun rights, you name it. Sometimes the positions attorneys take may be seen as offensive, as those positions may run contrary to more "popular" opinions. But in our adversarial system of justice, free speech ...

March 07, 2020

The Connecticut Post: State must end race-based school quotas

Connecticut parents and education reformers recently marked a major victory after the state, facing a legal challenge by Hartford black and Hispanic parents, announced it would at last end its longstanding policy of race-based quotas that penalize marginalized children of color in Hartford's interdistrict magnet school system. For those of us who h ...

February 24, 2020

The Hill: It’s time for the Supreme Court to treat all speech equally

In a free society, speech at times can be annoying, obnoxious, unsettling or offensive. Panhandlers and political protesters can approach you on the street. Controversial ideas can be expressed on tee shirts, bumper stickers or license plates. And governments cannot block speech merely because it is irritating or bothersome — unless you are talki ...

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