Free Republic

The accelerated transformation of the American economy and polity into a mandatory racially-based spoils system was a defining trait of President Barack Obama’s first term in office. Though perhaps understated, it is set to become an even more defining trait of his second. Obama, by various accounts, wants to be more aggressive about suing banks, employers, schools and other institutions whose practices, however unintentionally, adversely affect “disadvantaged” (read: nonwhite) populations. This is the doctrine of “disparate impact.” Attorney General Eric Holder already has used it to extract hundreds of millions of dollars in coerced settlements from Wells Fargo and other...

Alliance Defending Freedom recently settled a lawsuit brought on behalf of Julea Ward, a former graduate student at Eastern Michigan University who was expelled from her counseling program after refusing to violate her religious beliefs. Media reports have unfortunately suggested that Julea’s lawsuit involved her refusal to counsel a client because he identified as gay: this is untrue. Instead, her case involved her religious objection to being forced to provide counseling about sexual relationships outside of marriage, an objection which applies equally to homosexual and heterosexual clients. Her objection is to providing counseling on certain topics, not to counseling any...

Most of us would be honored to have our name become a verb. Especially those of us in public life. But that is not how Judge Robert H. Bork got into the dictionary. He was "borked" when President Reagan nominated him to the U.S. Supreme Court. No sooner had the announcement been made by the White House on July 1, 1987, than Sen. Edward M. Kennedy (D-Mass.) raced to the Senate floor to denounce the distinguished judge and former Yale Law Professor. In Robert Bork's America, Kennedy roared, blacks would once again sit in the back of the bus, rogue...

Neither Congress nor the White House has proved itself capable of reaching a decision on how to begin trimming the $16.5 trillion national debt with which these two institutions have saddled the American taxpayers. They even have been unable to come up with a reasonable measure to avoid the so-called “fiscal cliff” they themselves constructed months ago. Yet, when it comes to expanding the power of the government to spy on American citizens without warrants, both the House and the Senate last week fairly tripped over themselves in a rush to pass legislation doing just that; with President Obama...

The last time I saw Bob Bork was the Sunday before Election Day. His familiar baritone was faint. You had to sit close to hear him, and he seemed to have a little difficulty following the conversation. At one point, his son Bob directed his attention to an Obama ad that was running on the Internet. It warned darkly that if Romney was elected, he would nominate Robert Bork for the Supreme Court! Bob, who has inherited his father's wry sense of humor (as well as his intellect), played the ad on an iPad. Bob Sr. didn't react at first,...

In the weeks before Christmas, many Christians read about John the Baptist in the Gospel of Luke. They see that ordinary people came asking John if it was possible for them, too, to prepare the way for the Lord. Tax collectors also came to be baptized and said to him, “Teacher, what shall we do?” And he said to them, “Collect no more than you are authorized to do.” Soldiers came as well, asking, “And we, what shall we do?” And he said to them, “Do not extort money from anyone by threats or by false accusation, and be...

If you thought President Obama and Attorney General Eric Holder had given up on closing Guantanamo Bay and bringing jihadists to American soil, think again. Two troubling developments on the Gitmo front should have every American on edge. The first White House maneuver took place in October, while much of the public and the media were preoccupied with election news. On Oct. 2, Obama's cash-strapped Illinois pals announced that the federal government bought out the Thomson Correctional Center in western Illinois for $165 million. According to Watchdog.org, a recent appraisal put the value of the facility at $220 million. Democratic...

Of all the sloppy and confused decisions rendered by the Supreme Court in recent years, few compare with CLS v. Martinez (2010). The decision was more than just poorly reasoned. It was also based upon willful blindness toward factual misrepresentations by the defendants in the case. Justice Ginsburg authored an opinion she knew she could arrive at only by pretending to believe facts she knew were not true. Greg Lukianoff, president of the Foundation for Individual Rights in Education, or FIRE, offers a good critique of the decision in his new book, Unlearning Liberty. I write about it today because...

President Bill Clinton used his presidential pardon power in July 2000 to commute the sentence of Serena Nunn, who was sentenced to 15 years for a first-time nonviolent drug offense when she was 19. The pardon shaved three years off Nunn's sentence. Nunn told me over the phone, "I thought then that it was a great thing that a president used his power to help an average person." Nunn later graduated from college and then the University of Michigan Law School. Last month, having passed a character fitness test, Nunn passed the Georgia bar. On Monday, she will be sworn...

What if the government never took the Constitution seriously? What if the same generation -- in some cases the same human beings -- that wrote in the First Amendment, "Congress shall make no law ... abridging the freedom of speech," also enacted the Alien and Sedition Acts, which made it a crime to criticize the government? What if the feds don't regard the Constitution as the Supreme Law of the Land? What if the government regards the Constitution as merely a guideline to be referred to from time to time, or a myth to be foisted upon the voters,...

Much like one of his predecessors, Franklin D. Roosevelt, Barack Obama has all but declared war on the United States Supreme Court. It will be remembered that in 1937 FDR was angry over the high court's refusal to put a stamp of approval on much of his New Deal agenda, and sought to bend the court to his will by adding new members to the existing court membership. Contemptuously calling the court's members a collection of "nine old men," FDR sought to "pack" the high court with up to six additional members more likely to do his bidding. The proposal...