Mark Pulliam

About Mark Pulliam

Mark Pulliam is a lawyer and commentator who fled California and now lives in Austin, Texas. He is a contributing editor at the Library of Law and Liberty and proprietor of the Misrule of Law blog.

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

By | 2018-06-06T23:46:39+00:00 June 6th, 2018|

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

By | 2018-04-25T10:41:41+00:00 April 25th, 2018|

Deferring Democracy: What the DACA Ruling Means

Judge William Alsup 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

By | 2018-01-11T12:10:20+00:00 January 11th, 2018|

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

By | 2018-05-11T08:21:35+00:00 December 22nd, 2017|

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

By | 2017-12-07T08:04:19+00:00 December 6th, 2017|

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

By | 2017-09-07T14:00:26+00:00 September 5th, 2017|

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

By | 2017-08-12T09:42:27+00:00 August 9th, 2017|

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

By | 2017-06-01T15:40:28+00:00 May 27th, 2017|

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

By | 2017-05-12T21:26:09+00:00 May 7th, 2017|