Healthcare workers prepare Pfizer coronavirus vaccinations in Los Angeles, Calif., January 7, 2021. (Lucy Nicholson/Reuters) While government struggled mightily to steer us through the coronavirus pandemic, the free market got to work. Popular culture most often portrays businessmen and the corporations they head as greedy and ruthless. A lightly regulated free market and the profit

I generally try to confine my Bench Memos posts to judicial topics, but in light of the severe gravity of the Capitol attack I think it important to make an exception here and to restate positions that I have vigorously stated on Twitter. Briefly put: 1. The MAGA attack on the Capitol was an outrage

This is not the most important observation that one might make after what happened last week, but it’s one that stands out to me: A lot of people seem very keen on litigating whether the attack on the Capitol was worse than last summer’s rioting. That says something depressing about political polarization in this country.

House Majority Whip James Clyburn (D-SC) (Joshua Roberts/Reuters) House Majority Whip James Clyburn (D., Ga.) indicated that the House may not send articles of impeachment against President Trump to the Senate during the first 100 days of Joe Biden’s presidency, in an interview on CNN. Congressional Democrats have called for removing Trump from office after the

Senator Pat Toomey (R., Pa.) walks from Senate Republican weekly policy luncheon on Capitol Hill in Washington, March 6, 2018. (Joshua Roberts/Reuters) Senator Pat Toomey (R., Pa.) said on Sunday that President Trump could face “criminal liability” after inciting a mob of supporters to head to the Capitol while Congress was in the process of

(Jason Reed/Reuters) 2006—Less than eight years out of law school, Berkeley law professor Goodwin Liu submits his written testimony to the Senate Judiciary Committee opposing the confirmation of Supreme Court nominee Samuel Alito. Liu concludes his testimony with this demagogic rant: Judge Alito’s record envisions an America where police may shoot and kill an unarmed

NRPLUS MEMBER ARTICLE N ow that Donald Trump has lost the presidential election to an egg-salad sandwich, taken the Republican Senate majority down with him, and inspired a bloody insurrection that has cratered the credibility of the Republican Party at large, Republicans might want to start thinking about how to use what little power they

NRPLUS MEMBER ARTICLE O n August 7, 1974, a trio of Capitol Hill’s Republican eminences, led by Senator Barry Goldwater, called on a beleaguered President Richard Nixon at the Old Executive Office Building on the White House flank. The Watergate scandal was in its end stages. Consequently, the meeting was not about presidential decorum, evidence

A pregnant woman receives an ultrasound. (Carlos Barria/Reuters) 1979—In Colautti v. Franklin, the Supreme Court rules unconstitutional, by a vote of 6 to 3, a Pennsylvania statute that requires that if an abortionist determines that a human fetus “is viable” or “if there is sufficient reason to believe that the fetus may be viable,” the

California governor Gavin Newsom waits to speak at a news conference in San Diego, Calif., October 9, 2019. (Mike Blake/Reuters) The latest effort to recall California governor Gavin Newsom has gained more than 1 million signatures, with nine weeks left to collect the additional 500,000 that would enable the measure to be placed on the

House Majority Whip James Clyburn (D-SC) (Joshua Roberts/Reuters) House Majority Whip James Clyburn (D., S.C.) on Friday called for an investigation into how rioters who stormed the U.S. Capitol earlier this week knew where to find his office. In an interview with SiriusXM Radio’s Joe Madison, Clyburn said that he had never before seen such

Jamaal Bowman speaks at a watch party in Yonkers, New York, June 23, 2020. (Lucas Jackson/Reuters) Representative Jamaal Bowman (D., N.Y.) celebrated the news that Twitter had permanently suspended President Trump’s account on Friday by posting video footage of a U.S. official announcing the detention of former dictator Saddam Hussein during the Iraq War.  Bowman

Protesters tear down a barricade as they clash with Capitol police at the Capitol Building in Washington, D.C., January 6, 2021. (Shannon Stapleton/Reuters) The Federal Bureau of Investigation said Friday that there was “no indication” that members of Antifa had gone undercover as pro-Trump supporters to spark chaos during Wednesday’s storming of the U.S. Capitol

My understanding is that, since the Senate is in recess, it would take unanimous consent for the Senate to start a trial before January 20. Assuming the House moves ahead with impeachment, Chuck Schumer might try to get unanimous consent at a scheduled Senate pro forma session next Thursday, but if so, a Republican will

The U.S. Supreme Court granted certiorari late Friday to hear Americans for Prosperity Foundation v. Becerra and its companion case, Thomas More Law Center v. Becerra. The two cases challenge significant First Amendment violations against conservative nonprofits by the California attorney general’s office, violations which started under Jerry Brown and flourished under his successors, Kamala

Jacob Angeli Chansley says he traveled to Washington, D.C., this week to oppose tyranny. He went, he said, to protest governments that have shuttered businesses during the pandemic, told citizens to avoid their own family members, and mandated that people wear masks. He went to oppose the recent coronavirus stimulus package and omnibus spending bill

Rep. Dan Crenshaw (R., Texas) questions witnesses during committee hearing on Capitol Hill in Washington, D.C., September 17, 2020. (Chip Somodevilla/Reuters) Representative Dan Crenshaw (R., Texas) on Thursday criticized fellow Republicans for “lying to millions” of people about the significance of Wednesday’s electoral vote count, which was delayed for hours after Trump supporters stormed the

Senator Josh Hawley (R., Mo.,) talks with a house member on the floor of the house during a joint session of Congress to certify the 2020 election results on Capitol Hill in Washington, D.C., January 6, 2021. (Erin Schaff/Reuters) Simon & Schuster said Thursday it is cancelling plans to publish a book by Senator Josh

Education Secretary Betsy DeVos participates in a meeting at the White House in Washington, D.C., June 26, 2020. (Tom Brenner/Reuters) Education Secretary Betsy DeVos resigned from the Trump administration Thursday night, a day after pro-Trump protesters descended on the Capitol, breaking through security barriers and forcing lawmakers to evacuate the Senate floor. DeVos is the

As for the chief instigator, the president of the United States, he should be removed from office by the 25th Amendment or impeachment, whichever is faster. This, with only a week and a half to go, would be a most extraordinary action, but this has been an extraordinary time. Mike Pence is a normal American

As I’ve mentioned previously, Lisa Montgomery brutally murdered a pregnant Bobbie Jo Stinnett and stole her daughter (the baby amazingly survived and is 16). Lisa Montgomery was severely mentally ill and was abused her entire life in multiple diabolical ways. Her lawyers are asking for the president to commute her sentence to life in prison

NRPLUS MEMBER ARTICLE A t about half past midnight, as senators walked back from the House to the Senate to vote on Missouri senator Josh Hawley’s objection to the certification of Pennsylvania’s Electoral College votes, Lisa Murkowski (R., Alaska.) stopped and talked about the day’s events. “You could hear the sounds. You can hear it

President Trump speaks during a rally in Washington, D.C., January 6, 2021. (Jim Bourg/Reuters) Facebook announced Thursday that it is banning President Trump from the platform “indefinitely,” at least until he is out of office. “We believe the risks of allowing the President to continue to use our service during this period are simply too

Top National Security Advisor Matt Pottinger gives a message. (The White House/via YouTube) Matthew Pottinger, deputy national security adviser to the Trump administration, submitted his resignation on Wednesday after pro-Trump demonstrators breached security and entered the Capitol building, delaying Congress’s counting of electoral votes and certification of Joe Biden’s victory. National Security Adviser Robert O’Brien and

I’ve been thinking a lot today about the Al Smith Dinner. That’s the dinner that raises money for charity in New York, where the Catholic archbishop of New York invites both presidential candidates in presidential-election years. It’s always controversial among some Catholics and other believers in God and the dignity of vulnerable human life, because

Vice President Mike Pence takes part in a joint session of Congress to certify the 2020 election results at the U.S. Capitol in Washington, D.C., January 6, 2021. (Saul Loeb/Pool via Reuters) There were good people who showed up at the pro-Trump rally today. Like Black Lives Matter events over the summer, some were legitimate

Supporters President Trump gather in front of the Capitol Building where security has been breached in Washington, D.C., January 6, 2021. (Stephanie Keith/Reuters) Members of Congress are expected to reconvene Wednesday night to continue the process of certifying November’s presidential election results. The joint session of Congress was suspended Wednesday afternoon after a sea of

Police tear gas protestors in front of the Capitol Building in Washington, D.C., January 6, 2021. (Leah Millis/Reuters) The nauseating scene in Washington, D.C., is Trump’s fault. I don’t want to hear his embarrassed defenders say “Whatabout the riots in the summer?” We drew attention to those riots and their apologists because they were wicked

Senator Joe Manchin (D., W.Va) speaks with Ajit Pai, Chairman of the Federal Communications Commission, during a hearing, on Capitol Hill in Washington, D.C., June 16, 2020. (Toni Sandys/Pool via Reuters) If Jon Ossoff has indeed defeated Republican senator David Perdue in Georgia, which seems likely as of this writing, the incoming Senate will be

Boxes containing the electoral college vote certificates for the 2012 U.S. presidential election at a joint session of Congress on Capitol Hill, January 4, 2013. (Jason Reed/Reuters) Many of my congressional colleagues are prepared to take this step. I am not. Many people I love, trust, and represent in Wisconsin believe the 2020 presidential election