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What do we know—so far, at least—about the Biden classified documents situation? The information provided to the public has come from people who work for, or are otherwise close to, President Joe Biden and has been filtered selectively through a media largely predisposed to protect the president. → Read More
The January 6 Committee has voted to make a criminal referral to the Department of Justice against former President Donald Trump and several of his closest allies. → Read More
It will be tough—if not impossible—for the Supreme Court to top the 2021-22 term when it comes to both drama and results that pleased the conservative legal community (not to mention conservatives in general). As I wrote elsewhere in July at the end of the term, “he three words that best describe the Supreme Court’s decisions this term are text, history, and tradition. If that’s one word too… → Read More
Famed lawyer Ken Starr died unexpectedly Tuesday following complications from surgery after a long and previously undisclosed illness. He had a long and storied—and somewhat controversial—career. Starr, 76, was born in Vernon, Texas, and was a Texan through and through. A graduate of George Washington University and Duke Law School (with a master’s degree from Brown University in between), Starr… → Read More
Well, it was quite a week! On Aug. 8, roughly 30 federal agents executed a search warrant at Mar-a-Lago, the Florida home of former President Donald Trump—an unprecedented action. While Attorney General Merrick Garland and FBI Director Chris Wray have acknowledged approving the filing of the search warrant application–which was approved by a federal magistrate judge–President Joe Biden has… → Read More
The three words that best describe the Supreme Court’s decisions this term are text, history and tradition. If that’s one word too many, try this: Originalism Rules! And that’s a good thing. The court considered several important constitutional cases this term. The split in most of these cases was six-to-three, with the “conservative” justices in the majority and the “liberal” justices in… → Read More
The Heritage Foundation on Dec. 14 launched its Election Integrity Scorecard to give states and their residents and lawmakers a clear picture of whether their election laws and regulations meet best practices standards for fair, secure, and honest elections; to illustrate where vulnerabilities exist; and to provide them with information on how to fix them. → Read More
Although he did not heed the myriad calls for him to → Read More
On November 9, 2021, by a five-to-one vote, the Oklahoma Supreme Court overturned a $465 million opioid public nuisance judgement that had been rendered in favor of the State of Oklahoma and against Johnson & Johnson by a state court judge following a bench trial. → Read More
WASHINGTON—The Heritage Foundation today released its Election Integrity Scorecard, a new interactive tool that analyzes the election laws of all 50 states and the District of Columbia and grades each state on how well it protects the security and integrity of the election process. The Election Integrity Scorecard gives states a clear picture of where their laws and regulations meet the best… → Read More
WASHINGTON—Today, The Heritage Foundation’s John Malcolm testified before the Presidential Commission on the Supreme Court of the United States in a hearing titled, “Perspectives on Court Reform.” → Read More
In “Thanks to Kobach, Trump and conservative think tank, we know extent of voter fraud,” Kansas City Star columnist Charles Hammer on May 20 wrote that The Heritage Foundation’s Election Fraud Database has 1,322 proven instances of election fraud, including 17 cases from Missouri. That, he said, is “measly” compared with the number of registered voters. → Read More
Judge Amy Coney Barrett is President Trump’s nominee to the U.S. Supreme Court. Now that she has stepped onto the national stage, the American people have an opportunity to get to know Judge Barrett. What kind of boss, mentor, and judge is she? Join us as a panel with former clerks, former students, and a colleague from Notre Dame Law School describe their time working with and learning from her… → Read More
Since taking office, President Trump has been derided by the mainstream media and his critics as running roughshod over constitutional norms, fueling the conviction of liberals and some moderate conservatives that the 45th President poses an ongoing threat to the Constitution. In Defender in Chief, constitutional scholar John Yoo argues that Trump’s adversaries have things exactly backwards. Far… → Read More
The videotaped killing of George Floyd has sparked widespread protests, many of them peaceful, but interspersed with acts of rioting, arson, vandalism, looting, and other violence, some of it directed at the → Read More
It has been widely reported that federal prosecutors are nearing a final decision about whether to indict former top FBI official Andrew McCabe. That would be a highly unusual event, although perhaps appropriate, given the facts. → Read More
Congress is currently considering the Fair Chance Act of 2019, a bill designed to increase the odds that formerly-incarcerated individuals can get jobs upon their release and prove to the world that they’ve turned a new leaf and are prepared to be law-abiding, productive citizens. Although hardly a panacea, the bill has a lot of merit and is worthy of serious consideration by Congress. → Read More
While the Constitution is silent on the President’s removal power, the First Congress concluded that Article II’s vesting of executive power necessarily meant that the President must have plenary authority to remove executive branch officers. As James Madison asserted, “If the Constitution has invested all executive power in the President… the Legislature has no right to diminish or modify his… → Read More
And the drama continues! On Wednesday, Attorney General William Barr appeared before the Senate Judiciary Committee to answer questions about the Mueller Report, and there were fireworks aplenty. Earlier in the week, Prof. John Yoo and I engaged in a Teleforum discussionabout the report and its expected aftermath, and Prof. Yoo wrote a follow-up article in The Atlanticelaborating on some of his… → Read More
The House and Senate Judiciary Committees have broad jurisdiction, with both playing a powerful and critical role in Congress. In the Senate, the committee is responsible for providing oversight over key activities of the executive branch, including the Department of Justice, and is responsible for the confirmation process of judicial and many executive branch nominations. The House Judiciary… → Read More