Masterpiece Cakeshop v. Colorado Civil Rights Commission is a hard First Amendment case on which reasonable people can differ.
Law and Liberty’s featured author in this fourth installment of Conversations is the multi-talented Lee Oser, whose third novel, Oregon Confetti, has just been published by Wiseblood Books.
It was a humbling experience to read what Pierre Ryckmans, later to be famous as the sinologist Simon Leys, wrote when he was only twenty years old. He had voyaged solo through the Belgian Congo not long before its independence, a vast territory of which his uncle, of the same name, had once been a famous governor-general. Ryckmans’ reflections on his journey have lost none of their pertinence in the sixty years since he wrote them, and go straight to the heart of the matter with unrivalled concision:
In outline, we might say that [the Africans’] ambitions push them to reject and become Europe at the same time. (When I speak of Europe, I mean the Europe that they know, that is to say the Europe in Africa). They want to be like these powerful men who humiliate them; they want to be those whom they do not want. . . .
It was for this reason that Mugabe, a highly intelligent man, was a revolutionary and a conservative at the same time.
Aristotle writes that while “property should be in some way communal, in general it should be private.”
When Leandra English, former chief of staff to the former director of the Consumer Financial Protection Bureau, asked a federal judge to block President Trump’s appointment of Mick Mulvaney to replace her departing boss Richard Cordray, and to install her as the CFPB’s rightful leader, Judge Timothy J. Kelly of the Federal District Court in Washington, D.C., denied her request. Yet English’s legal team, rejecting the idea that President Trump held the directorship in his hands pursuant to the Federal Vacancies Reform Act of 1988 and Article II of the Constitution, has since vowed to continue its resistance to the President’s action.
In my last post, I discussed the Fourth Amendment, the third party doctrine, and the Carpenter case (which involved information secured from a cell phone company about a consumer’s cell phone location). In that post, I discussed the third party doctrine generally and applied it to Carpenter as an illustration. But Carpenter has an important feature, noted by other bloggers and commenters, that goes beyond the narrow question of the third party doctrine: Congress has passed a statutory provision that protects against the disclosure of information about cell phone customers.