Articles by Mark Pulliam

Making Constitutional Law Great Again

[fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_color=”” ] [fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_color=”” ] Claremont-trained political philosophers represent some of the strongest voices in conservative intellectual circles, but many of them share a flawed view of the Constitution, expressed vigorously—and sometimes splenetically—by the late Harry V. Jaffa. Edward Erler’s recent essay, “Don’t Read […]

The Pernicious Notion of ‘Unenumerated Rights’

[fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_color=”” ] [fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_color=”” ] A recent 60 Minutes segment on Juliana v. United States, the lawsuit now pending in an Oregon federal court, in which environmental activists assert a constitutional right to be free from climate change, perfectly illustrated Sen. Josh Hawley’s concern […]

Kavanaugh: Too Soon to Be Reading Tea Leaves

Justice Brett Kavanaugh. Savor those words: They are the culmination of a harrowing ordeal—for Kavanaugh, his family, and the entire nation. At his despicable confirmation hearing, Kavanaugh was subjected to a pummeling more brutal than the gauntlets faced by Robert Bork and Clarence Thomas, combined. Kavanaugh’s replacement of moderate Justice Anthony Kennedy, long the fickle […]

Profiles in Absurdity: Jim Acosta as First Amendment ‘Hero’

The latest theatrics involving Jim Acosta, the left-wing political activist posing as a CNN reporter, perfectly illustrate the reasons why ordinary Americans despise the Beltway swamp: anti-Trump propaganda masquerading as journalism, rude and arrogant “reporters” engaged in 24/7 “resistance,” a federal judiciary so thoroughly dominated by liberal opinion that even Republican-appointed judges parrot the views […]

Power Struggle: What Kavanaugh’s Confirmation Really Means

When President Trump nominated Judge Neil Gorsuch for the U.S. Supreme Court last year, I predicted, “The real fight will come later, if and when one of the liberal Justices (Ginsburg, for example), or the swing-voting Kennedy, departs the court through death or retirement and creates another vacancy. At that point, when the ideological balance of […]

Having Your Cake and Eating It, Too

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, decided by the U.S. Supreme Court on Monday, was the most closely watched case of the 2017-2018 term. And for good reason. In a classic culture war match-up, a devout Christian baker, Jack Phillips, was pitted against a same-sex couple, who were incensed that Phillips refused—on religious […]

Has Gorsuch ‘Gone Wobbly’ Already?

A Supreme Court decision on immigration that was not expected to be controversial instead attracted wide attention upon its release last week. The reason: Justice Neil Gorsuch, the much-heralded successor to the legendary Antonin Scalia, joined with the High Court’s four liberals to overturn an immigration statute on the grounds that it was “void for vagueness,” […]

Is Impeachment the Answer to Judicial Overreach?

As someone who writes frequently on the topic of judicial activism, I am often asked, “What is the solution?” This is a vital question. Put another way—as I did in a previous essay at American Greatness—“Can Activist Judges Be Controlled?” The short answer is: With great difficulty, yes. But if it’s a quick and easy […]

Deferring Democracy: What the DACA Ruling Means

Since President Donald Trump took office last year, the federal judiciary has led the Deep State’s massive resistance to the results of an election they refuse to accept. Lawless judicial decisions by activist federal judges attempting to overturn legitimate policies have become so commonplace that they are scarcely newsworthy. Emboldened by an elite legal culture […]

Justice Kennedy’s Too-Late Lament for Tolerance

I have been silent about Masterpiece Cakeshop v. Colorado Civil Rights Commission, not because I lack interest in the case, but because it has already generated extensive commentary here and throughout the commentariat. Court watchers, like fortune tellers reading tea leaves, speculate how the justices will line up, with Justice Anthony Kennedy likely casting the […]

Monumental Dishonesty

Walk around any college campus, and you will see the names of distinguished faculty and generous donors adorning most of the buildings. Likewise, many campuses feature statues, memorials, or plaques dedicated to individuals or events of historical significance to that particular school, or the school’s home state. Such monuments typically seek to connect us with […]

Let’s Bust Some 21st Century Trusts

During the Gilded Age, so-called “captains of industry” such as Andrew Carnegie, John D. Rockefeller, and J.P. Morgan led an industrial revolution that transformed the nation with technological innovation, creating for Americans unparalleled improvements in the average standard of living and amassing great personal fortunes in the process. The spectacular success—and enormous power—of these newly […]

The ‘9th Circus’ is Badly Broken—Let’s Fix It

The Sacramento Bee recently editorialized in defense of the 9th U.S. Circuit Court of Appeals, a frequently (and legitimately) maligned court that has periodically been the target of barbs by President Donald Trump—among other critics. The 9th Circuit, headquartered in San Francisco, is by far the largest of the 13 appellate courts in the federal […]

Fake Law by Fake Judges

Brazen judges openly legislating from the bench are confirming the widely-held public perception that activist courts are out of control. As a lawyer practicing for three decades in the plaintiff-friendly stronghold of California, within the jurisdiction of the notorious Ninth Circuit, I witnessed many instances of judges—state and federal—slanting their decisions against disfavored parties, such […]

Plain Talk about Law School Rot

The legal academy is a strange place. It differs from other intellectual disciplines in that legal scholarship is published mainly in student-edited law reviews, not peer-reviewed journals. Most faculty members at elite law schools have never practiced law, or have done so only briefly and usually without professional distinction. The curricula at many of the […]

Republican Complacence in the Face of Public University Radicalization

Herein lies a cautionary tale. If publicly funded higher education can be hijacked in America’s most conservative state, under the noses of a legislature with lopsided Republican majorities in both houses, and with a Republican governor and Republican lieutenant governor, it can (and likely will) happen in your state—if you let it. Gregory L. Fenves, […]

Can Activist Judges Be Controlled?

The disquieting spectacle of three unelected judges (all appointed by President Barack Obama) enjoining the signature initiative of the newly inaugurated President Donald Trump, without even citing the statute—8 U.S.C. section 1182(f)—that expressly authorizes the action they just stopped, has focused public attention as never before on the threat posed by liberal judicial activism to […]

Neil Gorsuch is Just Round One in the Fight for the Supreme Court

President Trump’s nomination of 10th U.S. Circuit Court of Appeals Judge Neil Gorsuch to the U.S. Supreme Court will be met by fierce resistance by Democrats in the Senate and unrelenting demagoguery from left-wing groups and media outlets. About that there can be no doubt. (American Greatness readers may recall a reference to Gorsuch in my […]