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March 21, 2020

(published March 6, 2020 in the Scranton Times-Tribune)

My daughters hate the way I schmooze.

“How come every time we go to a restaurant, Dad ends up knowing the server’s life story, or becoming best friends with the people at the table next to us?” one of them inevitabl...

November 9, 2019

Let me start by asking you a question. How many of you think the Supreme Court and the federal courts are nonpartisan? How many don’t? 

My topic is The Supreme Court: Can It Survive the Current Era of Hyperpartisanship, which is a catchy way of saying I’m going to talk...

July 15, 2019

"Go back to where you came from" has long been the call of bigots and xenophobes in the U.S. It's what the Know Nothing Party of the 1850s said about Irish and German Catholic immigrants. It was aimed at Chinese immigrants who helped build the transcontinental railroad...

October 10, 2018

One of the privileges of my former position with the federal judicial branch was attending periodic meetings of a small, distinguished group of federal judges, chaired by the chief justice of the United States, who governed our agency. On our way to the meetings, the j...

September 10, 2018

In law school we learned a basic aphorism: Hard facts make bad law. That means when cases present difficult factual situations in which the law requires an outcome that many people would consider unfair, courts are still obliged to follow the law. Otherwise, by bending...

July 8, 2018

Will the appointment of a new justice to the Supreme Court dramatically change U.S. law? I don't think so. Here's why.

http://www.baltimoresun.com/news/opinion/oped/bs-ed-op-0629-kennedy-retirement-20180628-story.html

March 19, 2018

I am tired of hearing people say "I support the Second Amendment." Hell, I support the Second Amendment. I also support the First Amendment, and the Third Amendment, and all the rest of the amendments. I also support Article I, Article II, Article III, and the rest of...