Opinion2017-05-19T20:27:29-04:00

The following articles, except where noted, were originally published in the Keene Sentinel.

The Bell Has Tolled for Constitutional Truth

“On a huge hill … truth stands, and hee that will reach her, about must, and about must goe.” John Donne, The Hill of Truth  In 1973, the Court decided in Roe v. Wade that the Fourteenth Amendment gives women the reproductive right to terminate pregnancy. In 1992, in [...]

The King Can Do No Wrong But His Servants Can

There’s a doctrine called sovereign immunity, which goes back to the concept that the king cannot be hauled into court no matter what. In today’s terms, it means that you can’t sue a state or the federal government if one of its workers, say a state police officer or [...]

Days of Affirmative Action in Admissions Are Numbered

Affirmative action seeks to address past discrimination on account of race, gender, or national origin. It isn’t a “free pass,” but as the law now stands, it allows educational institutions to consider these characteristics as part of the admissions process. The Senate has confirmed Katanji Brown Jackson’s nomination to [...]

The Right Not to Speak Should Not Create a Discrimination Loophole

Freedom of speech includes the right not to speak. In other words, the “right to remain silent” belongs to all of us, not just people under arrest. The Supreme Court established the point in 1943 when it decided that public school students cannot be required to salute the flag [...]

We Need More Pragmatic Justices like Stephen Breyer

On January 27, 2022, Justice Stephen Breyer announced his retirement from the Supreme Court, effective at the end of the current term, meaning late June or early July 2022, “assuming that by then my successor has been nominated and confirmed.” The Constitution says that the President “shall nominate” and [...]

My Jewishness and Our Distressing Times

This article originally appeared in the February 17, 2022 Concord Monitor. I was born Jewish on February 19, 1939, at Claremont General Hospital. My Stevens High School classmates included seven Jewish kids out of a class numbering just over a hundred. Our numbers were more than double the percentage [...]

Jurisprudence in the Age of COVID

On November 4, 2021, the Biden Administration issued two safety rules covering over 100 million employees. One came out of the Occupational Safety and Health Administration (OSHA), which—relying on the federal law charging the agency with protecting employees’ health and safety and on substantial evidence of widespread workplace breakouts—issued [...]

Executive Privilege and Finding the Truth About January 6

Former President Donald Trump has sued to keep the National Archives from turning documents over to the House Committee investigating the January 6 attack on the Capitol. These include notes, memos, and other papers that may shed light on the extent to which Trump, or members of his administration, [...]

Declining Public Support is the Supreme Court Court’s Own Fault

Public support for the Supreme Court has fallen dramatically, and the Court has only itself to blame. For one thing, it is unseemly for Justices to justify their decisions in the media. Decisions should speak for themselves. For another, it is also unseemly for Justices to give speeches in [...]

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