Free Republic

Millions of women and girls across the country can breathe a sigh of relief as the Biden regime was blocked from implementing its radical changes to Title IX in several states. ... in April that the Regime proudly announced that women would be forced to allow men in their locker rooms and bathrooms with a 1577-page Title IX ruling. Moreover, they would be forced to accept men on their sports teams. ... the U.S. Supreme Court on Friday smacked down a request from the Regime to implement the rule in 10 states after being blocked from doing so by lower...

At the close of the Supreme Court’s last term, Justice Neil Gorsuch concurred in the court’s 6-3 decision discarding the 40-year-old Chevron doctrine, which required Article III judges to defer to federal agencies when Congress’s statutory language is ambiguous. Gorsuch noted while “sophisticated entities” can hire lawyers and lobbyists to “keep pace” with ever-changing regulatory provisions, “ordinary people” cannot. It is they, wrote the associate justice from Colorado, who are the beneficiaries of Loper Bright Enterprises v. Raimondo. In Over Ruled: The Human Toll of Too Much Law, Gorsuch and his co-author, former Supreme Court clerk Janie Nitze, write expansively...

America Criminalizes Too Much and Punishes Too MuchWhen those on parole or probation are included, one out of every 47 adults is under “some form of correctional supervision.”Not only have we adopted more criminal laws at an astonishing clip, but the punishments our criminal laws carry have also grown markedly. Beginning in earnest in the second half of the 20th century, legislatures began to adopt laws that had, as Judge Jed Rakoff has noted, "two common characteristics: they imposed higher penalties, and they removed much of judicial dis-cretion in sentencing." Notable among these laws were statutes imposing mandatory minimum terms...

Supreme Court Associate Justice Neil Gorsuch said on this week’s broadcast of “Fox News Sunday” that the United States has too many federal laws.Host Shannon Bream said, “I think it will be eye opening to the American people, the idea that so pretty much of our conduct is over regulated and over criminalized many cases. Apparently you and are committing felonies every day without possibly even knowing it.”Gorsuch said, “I think that might be true. Some professors say there are now so many federal laws on the books that every American over the age of 18 commits one felony a...

‘He wouldn’t have needed a license if it were an iguana,” Justice Neil Gorsuch says. That sounds like a punch line, but “he” in this story is Marty Hahne, a Missouri magician. “It,” the non-iguana, is Mr. Hahne’s live rabbit. As a magical prop, the bunny is a classic, and probably more easygoing than a big lizard would be about getting yanked out of a hat for shrieking children. Justice Gorsuch, seated at a coffee table in his Supreme Court chambers, is narrating an anecdote from his book that goes on sale Tuesday, “Over Ruled: The Human Toll of Too...

On July 31, I met with Justice Neil Gorsuch in his chambers at the Supreme Court for a wide-ranging interview about his new book, “Over Ruled: The Human Toll of Too Much Law.” His co-author, Janie Nitze, a former clerk of his, was present for the interview as well. I didn’t get to ask every question I wanted to, but our conversation covered a lot of ground, including Gorsuch’s indictment of the regulatory state, his approach to evaluating agency expertise, the problem of mass incarceration and coercive plea bargaining, his jurisprudence holding the United States accountable for its obligations to...

The Supreme Court issued a much-awaited ruling in a tax case, holding that the mandatory repatriation tax passed as part of the 2017 Trump tax cuts did not exceed Congress’ constitutional authority. The court’s holding was narrow, and significant in large part for issues it did not address, leaving open questions related to the constitutionality of alternative taxing schemes—such as a so-called wealth tax—for another day. The 7-2 opinion in Moore v. United States, authored by Justice Brett Kavanaugh, noted that Article I of the Constitution affords Congress broad powers to lay and collect taxes, both direct and indirect taxes,...

The Supreme Court ruled Thursday that a part of President Trump's 2017 'Tax Cuts and Jobs Act' that levied a tax on capital appreciation is constitutional. Justice Brett Kavanaugh wrote the majority opinion. Justices Clarence Thomas and Neil Gorsuch dissented. The court ruled 7-2 that the mandatory repatriation tax, or MRT, is constitutional under the taxation regimes defined in Article I and the 16th Amendment. In short, the MRT imposed a one-time requirement for US citizens and companies to repatriate money held overseas.In 2005, Charles and Kathleen Moore invested $40,000 in an Indian business named KisanKraft, which marketed power tools...

Supreme Court Justice Gorsuch nukes Joe Biden's DOJ over January 6th sentences: Gorsuch lists multiple cases of folks who "obstructed a Congressional proceeding" without receiving a 20 year sentence. 1. Sit-ins at a trial (Kavanaugh protests) 2. Pulling a fire alarm (Rep. Bowman) 3. Hecklers in the crowd (Palestine) 4. Mostly-peaceful protests (BLM)

The Department of Injustice (DOJ) is using a statute called “obstructed a Congressional proceeding” to prosecute hundreds of these protesters simply for exercising their First Amendment rights. This statute is a serious felony with the potential of 20 years behind bars. CNN notes that this case also has implications for President Donald Trump, who was charged by corrupt special counsel Jack Smith for exercising his First Amendment rights on that fateful day. Justice Neil Gorsuch stole the show this morning by blowing up the foundation of the DOJ’s case against the nonviolent J6 protesters. While the Trump supporters simply exercised...

The Supreme Court unanimously ruled Tuesday that a man’s challenge to his former placement on the No Fly List can move forward, finding the government failed to show his lawsuit is moot. Yonas Fikre, a U.S. citizen who previously resided in Sudan, claimed his placement on the list was unlawful and sued the FBI. The government later removed him from the list and signaled it was unlikely he would be readded. It then contended Fikre’s lawsuit was moot as a result and should be tossed. The government warned that not declaring lawsuits like Fikre’s moot at the onset could require...

VIDEOMany of you are probably wondering why the DUmmie FUnnies has recently begun featuring videos of MSNBC legal analyst Glenn Kirschner? Well, it is because of all the TDS media talking heads, Kirschner shows the most comedic potential for 2024. As it is, he is already on the verge of bouncing off the walls nuts over just thinking about President Donald Trump. Just a brief review of his videos clearly demonstrates that Orange Man Bad haunts his every thought 24/7. His own personal Randall Flagg.Right now Kirschner is desperately grasping at two life rafts to keep from drowning under the...

Rep. Elise Stefanik (R-NY) honored the anniversary of the Supreme Court’s landmark Dobbs decision by acknowledging former President Donald Trump’s contribution to the pro-life movement and previewing Congress’s forthcoming federal pro-life initiatives.“I think when it comes to the Supreme Court nominations, President Trump was the most pro-life president we’ve ever had,” Stefanik told Breitbart News ahead of speaking at a celebratory event hosted by the national pro-life group Susan B. Anthony (SBA) List this week.“And thank goodness for his strong nominations to the Supreme Court,” Stefanik added. “I certainly am proud that we have so many pro-life leaders stepping up...

Justice Neil Gorsuch called government responses to the COVID-19 pandemic the “greatest intrusions on civil liberties in the peacetime history of this country” on Thursday... “Executive officials across the country issued emergency decrees on a breathtaking scale,” he said. “Governors and local leaders imposed lockdown orders forcing people to remain in their homes. They shuttered businesses and schools, public and private. They closed churches even as they allowed casinos and other favored businesses to carry on.” ... Gorsuch slammed deference to “experts” for decision-making during the pandemic and warned that doing so could lead to losing “many cherished civil liberties.”...

Two Supreme Court justices did not recuse themselves from cases that came before the court over the past decade involving a publishing company that’s paid them in lucrative book deals. In two separate copyright infringement cases concerning the publishing conglomerate Penguin Random House, the high court declined to take up the appeals, with the court saying in 2013 that it wouldn’t hear the first case, and the second case being turned away from the court in 2019 and again in 2020. In both cases, the publisher won at the lower court level, and those decisions stood. Liberal Justice Sonia Sotomayor,...

There’s one certainty in politics. If a Democrat is accusing a Republican of doing something, it is the Democrat who is inevitably actually doing it.That dynamic played out again Wednesday after a major revelation about Supreme Court Justice Sonia Sotomayor called into question all the recent left-wing attacks on Justices Clarence Thomas and Neil Gorsuch.For the last few weeks, a coordinated assault on the court’s conservatives has taken place, with numerous press outlets releasing reports supposedly detailing corruption. In reality, essentially everything charged amounted to nothing legally or ethically. In the case of Thomas, he was not required to report...

A win for Geraldine Tyler, who is now 94 years old, would be a win for property rights.The Supreme Court on Wednesday heard arguments in a consequential case. The query before the justices: Was it unconstitutional when the government seized a woman's home over an unpaid tax bill, sold it for more than the amount of the debt, and then kept the profit? It may sound like a slam dunk case. Over the last several years, it has not been. But yesterday's arguments provided both a glimmer of optimism for the state of property rights in the U.S., as well...

Justice Neil Gorsuch said he and his fellow justices could gain more insight on the leak that sent shockwaves across the nation ahead of the Supreme Court's decision to overturn Roe v. Wade. 'The chief justice appointed an internal committee to oversee the investigation,' Justice Gorsuch told the 10th Circuit Bench and Bar Conference in Colorado Springs, according to the Wall Street Journal. 'That committee has been busy and we're looking forward to their report, I hope soon.' It was Gorsuch's first public comment on the matter since the late June ruling. The Trump-nominated justice did not say whether the...

Megyn Kelly blasted Rep. Alexandria Ocasio-Cortez (D-NY) as a “moron” and a “Kardashian in Congress” after the progressive lawmaker called for impeaching Supreme Court justices over their decision to overturn Roe v. Wade. During an appearance on Eric Bolling’s Monday night program on the right-leaning cable channel Newsmax, Kelly unloaded on the congresswoman from the Bronx and Queens during a discussion of the aftermath of Friday’s dramatic abortion ruling. Kelly was asked to opine on the Sunday comments by Ocasio-Cortez (D-NY) when she demanded that Justices Neil Gorsuch and Brett Kavanaugh be impeached for allegedly lying under oath during their...

Sen. Susan Collins (R-Maine) on Friday said conservative Justices Brett Kavanaugh and Neil Gorsuch misled her about their views on the importance of Supreme Court precedent during their confirmation proceedings in 2017 and 2018. Collins, who voted to confirm then-President Trump’s first two conservative nominees to the court despite her support for abortion rights, has said she believed those justices would hold up important precedents such as Roe v. Wade, the landmark 1973 decision that established a constitutional right to abortion. A court majority that included Kavanaugh and Gorsuch struck down that right on Friday. “This decision is inconsistent with...