Free Republic

Defending Education is taking parental rights to court, suing the state of Colorado over its outrageous and arguably unconstitutional new groomer law. You might remember the recently passed Colorado legislation to fund castration of “trans” kids with taxpayer dollars and in spite of parents' wishes, to mandate pro-trans policies in schools, to criminalize “deadnaming,” and to take supposed “misgendering” into account in custody cases. Defending Education, an organization that stands for parents and against woke indoctrination in schools, is suing the Democrat-run state over the extremely harmful legislation. Colorado Parent Advocacy Network, Protect Kids Colorado, Do No Harm, and Dr....

While trying to catch President Donald Trump’s solicitor general nominee in a “gotcha” moment, Democrat Sen. Dick Durbin apparently defended enforcement of the infamous Supreme Court ruling that upheld the internment of more than one hundred thousand Japanese Americans during World War II. “Let’s go back to Korematsu — describe for me that circumstance that you think relieved an official from obeying a court order,” Durbin said to solicitor general nominee Dean John Sauer. “As bad as it was, that court order was followed for years, was it not?” In Korematsu v. U.S., the Supreme Court upheld the internment of...

The Obergefell ruling rode rough-shod over religions and dozens of state constitutions on the bases of a moral — not legal — opinion.In late January, the Idaho House of Representatives passed a memorandum calling on the U.S. Supreme Court to “reverse” its 2015 gay marriage decision, Obergefell v. Hodges, “and restore the natural definition of marriage, a union of one man and one woman.” The memo passed 46 to 24 in the House and is heading to the Idaho Senate. If it passes the senate, it will be sent on to the Supreme Court as one more formal encouragement that...

🚨 #BREAKING: @Jim_Jordan & @JudiciaryGOP file an amicus brief in support of President Trump’s Executive Order on Protecting the Meaning and Value of American Citizenship.Read the Western District of Washington brief here: https://t.co/cEYqE3LYMERead the District of…— House Judiciary GOP 🇺🇸🇺🇸🇺🇸 (@JudiciaryGOP) February 3, 2025Link to the amicus brief: https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/86-2.pdf

If you were wondering how long it would take for Democrats to sue the Trump administration, we have an answer. With the ink barely dry, eighteen Democrat state attorneys general, four additional Democrat state AGs, and a collection of outside groups led by the American Civil Liberties Union all filed federal lawsuits over President Donald Trump’s executive order ending birthright citizenship for the children of illegal immigrants. Their argument, that the U.S. Supreme Court has already ruled that the 14th Amendment guarantees birthright citizenship for practically anyone born here, is flatly wrong as a matter of law. The courts should...

Sen. Mike Lee, R-Utah., took NBC News to task for "selectively omitting" a key part of the 14th Amendment in a question about birthright citizenship during an interview with President-elect Donald Trump on Sunday… "All persons born … in the United States, *and subject to the jurisdiction thereof,* shall be citizens of the United States," Lee wrote on X, highlighting the missing words in asterisks. "Those words matter," he added. The senator continued to break down the issue in a lengthy 12-part thread. "Congress has the power to define what it means to be born in the United States ‘and...

President-elect Donald Trump’s push to end birthright citizenship for those born on U.S. soil by illegal migrant parents could put to rest a hot-button constitutional debate that’s loomed over the country for decades. The incoming president has repeatedly vowed to end birthright citizenship immediately upon entering office, one of the more ambitious agenda items within his immigration enforcement platform. While the proposal has divided border hawks and immigration advocates, both sides generally agree the debate boils down to interpretation of the 14th Amendment, the conclusion of which will likely fall to the Supreme Court.“Our position is that the 14th Amendment...

After California agreed that enforcing its licensing requirement was unconstitutionally irrational, the court ruled that small business owner Jay Fink is free to help Californians stand up to spam.. U.S. District Judge Rita Lin has permanently enjoined the California Bureau of Security and Investigative Services from enforcing its private-investigator licensing requirement against anti-spam entrepreneur Jay Fink. The order declares that forcing Jay to get a license to run his business is so irrational that it violates the Due Process Clause of the Fourteenth Amendment. “I’m thankful that I won’t have to worry about losing my livelihood anymore,” said Jay, who...

George Washington University class-action settlement for COVID shutdown approved with more money for students, less for lawyers. Mere "overlap between a religious and political view" doesn't negate Title VII’s religious protections, 8th Circuit says.. If COVID-19 litigation were like the virus itself, George Washington University cleared its infection with a pricey therapeutic, the Mayo Clinic's infection rebounded, and Rutgers University faces an unusually virulent strain that could spread far and wide. A federal judge gave final approval to the $5.4 million class-action settlement submitted by GWU students and the private university blocks from the White House, in a tuition-refund lawsuit...

Liberals control the legal profession, from the law schools and litigious nonprofits to the bar associations and judges (including many Republican appointees). Judicial supremacy, implemented through “universal injunctions,” allows any liberal legal group to tap one of 670 district judges in 94 district courts to decide on a broad range of public policies, which the political elite then treat as “law.” The good news: Evidence seems to suggest that at least three Supreme Court justices intend to end this irrational practice. We might only have three justices on our side, but governors should still firmly reject overreaching judges who believe...

VIDEOLook at the CRAZY EYES of Colorado Secretary Of State Jena Griswold as she reacts to the Supreme Court knocking down her crackpot idea by a UNANIMOUS vote for keeping President Trump off her state's ballot. If her CRAZY EYES look familiar it is because they are the same CRAZY EYES we have seen on other extreme fanatics. And if CRAZY EYES Griswold is this fanatic, you can expect her to do everything in her power to "fortify" the election this year in Colorado. Legal or NOT.

Donald Trump addressed Joe Biden directly in a press conference Monday after the Supreme Court’s unanimous ruling that Colorado cannot disqualify Trump from appearing on the 2024 ballot. “President Biden, number one: Stop weaponization. Fight your fight yourself,” Trump said from Mar-A-Lago. “Don’t use prosecutors and judges to go after your opponent to try and damage your opponents and you can win an election. Our country is much bigger than that.” In direct but measured remarks, Trump went after Biden and prosecutors at the U.S. Department of Justice and in jurisdictions across the country for their coordinated attacks against him,...

Maine Secretary of State Shenna Bellow has reversed course in her effort to keep former President Trump off the primary ballot after the Supreme Court on Monday unanimously overturned a similar ruling in Colorado. “I have reviewed the Anderson decision carefully. The U.S. Supreme Court has ruled that individual states lack authority to enforce Section Three of the Fourteenth Amendment with respect to federal offices,” wrote Bellows, a Democrat. “Consistent with my oath and obligation to follow the law and the Constitution, and pursuant to the Anderson decision, I hereby withdraw my determination that Mr. Trump’s primary petition is invalid.”...

A Maryland county claims under the 14th Amendment of the U.S. Constitution, it can create a school board seat that only illegal immigrants can vote for, according to reports. The Washington Times reported that Howard County officials appeared before a federal court of appeals last month and defended its current process of having a school board seat occupied by a student, in which only public school students are allowed to vote for. Some Howard County residents are challenging the practice on the basis of it being unconstitutional discrimination in voting, particularly against the county general electorate and students at religious...

The amateurish opinion, issued by the Colorado Supreme Court (CSC), denying Trump the ability to be on the Colorado Presidential ballot. SCOTUS will take this case, and will throw it out, based on a misreading of the 14th amendment. This misreading of the 3rd clause of the 14th amendment is so fundamental, that once revealed, it will not only call the CSC's basic reading skills, and their incompetence is so stunning, they should be recalled. The 3rd clause of the 14th amendment reads: (i)(b)No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or...

(Dec. 14, 2023) — A bill introduced on December 8 in the U.S. House of Representatives seeks to define the scope of a key phrase of Section 1 of the 14th Amendment with the purpose of abolishing “birthright citizenship,” or the bestowing of citizenship on anyone born within the United States by whatever means. The 14th-Amendment phrase “subject to the jurisdiction thereof” is not only often omitted from mainstream news reporting, but also from the webpage of the U.S. Senate and from other authoritative sources, thereby arguably misleading readers. The U.S. Senate claims: Passed by the Senate on June 8,...

Ross Hetrick, president of the Thaddeus Stevens Society, assists sculptor Alex Paul Loza, as they unveil the new Thaddeus Stevens statue in front of the Adams County Courthouse, Saturday, April 2, 2022, in Gettysburg.

Legal academics are divided on the new popular theory that former President Donald Trump can be removed from ballots under Section 3 of the Fourteenth Amendment. While I respect many of the academics who view this as a credible interpretation, I have long opposed it as textually and historically flawed. In addition to some exaggerated claims of precedent, I view the theory as one of the most dangerous in my lifetime. One thing, however, we agree upon: it is time for the federal courts to rule on this theory to bring clarity to the election. That may now occur in...

A liberal group filed a lawsuit Tuesday to block former President Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment’s arcane “insurrectionist ban.” The cases are seen as legal long shots. Trump denies wrongdoing and has vowed to fight to remain on the presidential ballot. The new Minnesota lawsuit was filed in state court by Free Speech For People, one week after another group initiated a similar challenge in Colorado.

"We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic." EUGENE VOLOKH | 8.12.2023 6:58 PM I'm delighted to be able to pass along this response by Prof. Michael McConnell (Stanford Law School) to a couple of items that were posted on the blog in the last few days: "There is a recent flurry of interest in Section 3 of the Fourteenth Amendment, which bars any person...