Category Archives: commentary

The Supremes Über Alles

In my two previous columns (here and here) I detailed some of the winners and losers resulting from the opinions issued during the Supreme Court term just ended. Now let us look at the biggest winner of them all, the Supreme Court itself. In the last three weeks of the term, the Supreme Court transferred much of regulatory and administrative authority and rulemaking to itself. The federal courts were not authorized and are not equipped to serve as roving regulators of last resort for hundreds of federal agencies. According to the Court:

  • Judges know more about science than scientists.
  • Judges know more about medicine than doctors.
  • Judges know more about structural safety than engineers.
  • Judges know more about climate change than meteorologists.
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The Supreme’s Trainwreck

Every summer professors at the nation’s law schools huddle to discuss what, if any, changes should be made to their teaching curriculum after the Supreme Court term just ended. This year, they are scrambling to deal with the train wreck for constitutional law that was the Court’s 2023-2024 term.

I am not a lawyer. But after fifty years as a journalist, I am spending my emeritus years in part teaching a course titled “Media Law and Ethics for Journalists” in the UCLA Extension program. This is a required course in the school’s journalism certificate program and is available online.

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The Supremes Vote Trump

The six members of the conservative supermajority of the Supreme Court cast their ballots for Donald Trump on the last day of the court term, then ran out of town to begin their standard three months’ long vacation.

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Form and Substance

There is no sugar-coating it. President Joe Biden had a train wreck in his first 2024 debate with Former President Donald Trump. Fifty-one million watched. I wrote that I had concerns because Biden had seemed physically feeble during some appearances in the last year. Right as he walked out on the debate stage, I saw those signs, Biden walking slowly and speaking slowly and in a soft scratchy voice. I did not expect to see him ramble and become incoherent, but he did that more than once. At other times he was clear, combative, and effective, defending his administration and listing his accomplishments. But you could not fail to notice the other moments.

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Remembering William Anders

There is a cliche that says a picture is worth a thousand words. The picture above has generated millions of words, I’m sure. Some believe this photograph, known as “Earthrise,” is the most famous and influential photograph ever taken. It is certainly one of my favorites.

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The Supremes Vote, Again

There is no doubt anymore. The conservative majority on the United States Supreme Court is dedicated to electing Donald Trump to a second term.

The Trump justices made that clear last week as they considered his extraordinary claim that a president has an absolute immunity from criminal prosecution. The idea seems absurd on its face. A fundamental principal of the United States is that it is a nation of law. The framers of the Constitution, having overthrown one monarch, had no desire to create a new one. There is no evidence in the historical record that they believed a president should be immune from criminal prosecution. Two lower courts carefully considered Trump’s claim and rejected it completely.

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