opinion
FAILING GRADE
To AG Merrick Garland, appointing Jack Smith offered the—ultimately illusory—promise of insulating the DOJ from being attacked as a partisan weapon of the Biden administration.
Shan Wu is a former federal prosecutor who served as counsel to Attorney General Janet Reno. He practices law in Washington, D.C.
opinion
UNREAL JUSTICE
Jim Jordan and Matt Gaetz seemed to want to put on a show—a show that concealed the real dangers of using the trappings of Congress to interfere with the administration of justice.
opinion
TAKEOVER
In Justice Sotomayor’s dissent to the Trump immunity ruling, Shan Wu heard the anger and isolation of a jurist seeing the court taken over by the power of a conservative majority.
opinion
CHAOS
The Chevron Deference established the 40-year-old precedent of giving deference to the expertise of federal agencies. Reversing it will undo many rights and protections for us all.
opinion
RESISTANCE IS FUTILE
Until now, the justices have steered clear of wading into the quagmire of transgender issues—but the culture war has finally caught up with them.
opinion
STRUCTURAL INTEGRITY
The justices have only themselves to blame.
opinion
OPENING SHOT
Zero doubt exists that the issue is returning to the justices, given that the opinion left room for legal action by three red states—Idaho, Kansas, and Missouri.
opinion
FEAR AND FAVOR
Biden’s attorney general is so scared of being viewed as partisan that he allowed prosecutors to be far tougher on the president’s son than they would be on most defendants.
opinion
NULLIFICATION
The government’s case to prove gun charges is tied to the president’s son’s drug addiction. That could very well lead jurors to acquit.
opinion
SUSTAINED!
From shouting at Michael Cohen to bullying Stormy Daniels and failing to establish a rapport with the jury, Trump’s lawyers proved consistently lousy at fighting for their client.