Op-Ed Publications

When Brett Kavanaugh was nominated in 2018 to fill the Supreme Court seat vacated by Reagan appointee Anthony Kennedy, the bloodiest high-court confirmation fight in almost 30 years resulted. We could only imagine the fight to the death if President Trump chose a conservative nominee to replace a left-leaning justice, especially liberal icon Ruth Bader Ginsburg. Surely protesters dressed as handmaids would set themselves on fire outside the hearing room. It didn’t happen. The vote to confirm Justice Amy Coney Barrett was close, 52-48. But her confirmation was never in much doubt, and Senate Democrats made little effort to bloody Judge Barrett. Why?

October 13, 2020

The Democrats have been doing a lot of projecting recently. Consider their worry that President Trump will refuse to accept the legitimacy of the 2020 election. Now they are projecting their "living Constitution" judicial philosophy onto Supreme Court nominee Amy Coney Barrett. Democrats and their allies worry that Judge Barrett, a devout Catholic, will impose her personal values and beliefs on the law. That's exactly what Democrats want the progressive judges they appoint to do. So it's a classic case of projection.

Op-ed by Committee for Justice President Curt Levey in the Washington Post: At least for the moment, the conservative dream of a solid majority on the Supreme Court is dead. The trio of recent votes by Chief Justice John G. Roberts Jr. siding with the court’s four liberal justices shows that Roberts has gone full Kennedy — that is, following in the disappointingly centrist footsteps of previous swing justice Anthony M. Kennedy.

In the wake of Tara Reade's allegation that former Vice President Joe Biden sexually assaulted her when he was a senator in 1993 – an allegation that Biden strongly denies – he and his supporters have finally got it right when it comes to assessing claims of sexual assault.

Automated valuation models (AVMs) – computer models typically employing artificial intelligence (AI) and used to estimate property values for loan decisions among other things – are at the center of one of the biggest trade secret cases and largest punitive damages awards in American history. The case, Title Source v. HouseCanary, was the subject of a recent Federalist Society teleforum.

Fauci's numbers are grim but they're comparable to the 1957 pandemic caused by the novel and highly contagious H2N2 virus and the 1968 Hong Kong flu pandemic, which produced U.S. death tolls equivalent to 220,000 and 165,000 respectively after scaling up for our 2020 population. A decade ago, more than 60 million Americans were infected with the H1N1 virus, a novel strain for which there was no vaccine. And just two years ago, more than 60,000 Americans died during a bad flu season that few of us remember because there were no headlines about the 250,000 new cases per day nor the sad truism of "mounting death tolls."

Schumer and the rest of the Left are apoplectic about the appointment of conservative justices because, for the last half of a century, they have relied on the Supreme Court to enact the many parts of the progressive agenda that lack a popular majority. It is no coincidence that Schumer's remarks were made at a rally about abortion rights, the most sacrosanct plank in the left's judicially enacted platform.

Climate change activists should have gotten the message in 2011 when the Supreme Court ruled against eight states and other plaintiffs who brought nuisance claims for the greenhouse gas emissions produced by electric power plants.

February 2, 2020

For trade secrets law, 2019 was a formative year for both public knowledge and litigation trends. Due to extensive media coverage of Huawei Technologies Co.’s alleged intellectual property theft and trade secrets disputes between large American companies including Uber Technologies Inc. and Waymo LLC, the public has become more aware of the once-obscure area of intellectual property law.

In the courtroom, as every lawyer knows, you can win or lose by a little. You can also win or lose by a lot. Last week, in its climate-change lawsuit against Exxon Mobil Corp., the New York attorney general’s office lost by a lot.

If you listened to House Speaker Nancy Pelosi's address on Thursday, you might have thought she was announcing an armed revolution. She opened with "Let us begin where our founders began in 1776. When in the course of human events it becomes necessary for one people to dissolve the political bonds which have connected them with another."

November 13, 2019

Facebook must stop President Trump from “mislead[ing] the American people,” says the Democratic National Committee. Demands from Democrats that social media platforms “fact-check” or otherwise censor political ads and posts are rapidly accelerating this fall and having an impact. Twitter responded two weeks ago by banning political ads altogether.

Proposals to combat anti-conservative bias online risk creating a more dangerous concentration of power because the censor would be the biggest monopoly of all: the federal government.

September 18, 2019

Jaws dropped last March when a Texas jury awarded HouseCanary, a Silicon Valley company specializing in residential real estate data and analytics, more than $700 million in compensatory and punitive damages after accepting its claims that it possessed AVM-related trade secrets that were allegedly misappropriated by Amrock (formerly Title Source), one of the nation’s largest appraisal and title service companies.

It’s worth mentioning the huge impact the protesters had on the day-to-day life of the Kavanaugh family, who were arguably the biggest victims in this latest chapter of judicial confirmation mayhem. If “much of the book is like looking into a fun house mirror,” the reader must be severely out of touch with the millions of Americans who watched this spectacle.

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