Author Archives: christophcooke

The Proposed “Ad Tax” Would be Unconstitutional Under Central Hudson

[This post originally appeared here on The Hill’s Opinion Blog on August 4, 2017.] Fox News and CNN have something in common: they both rely on advertising to promote their journalistic messages and to help generate revenue needed to carry out their missions. Historically, the expenses associated with such advertising have not been subject to […]

The TVPRA: Standing at the Watchtower of Human Freedom

If the TVPRA can bring together Democrats, Republicans, Catholic Bishops, immigrant support groups, and President Donald Trump, that is truly something worth celebrating. And for a bill to create such desperately needed unification over so fundamental a cause, how fitting it should bear the name of a man who dedicated his life to agitating the American conscience: Frederick Douglass.

Intergovernmental Evidence-Sharing Isn’t Caring: Discussing a Return to General Warrants

Intergovernmental evidence-sharing ignores that the Warrant Clause does not empower the government to seize property merely to search for evidence and is therefore tantamount to a fishing expedition that converts the particularized warrants demanded by the Fourth Amendment into the very “general warrants” the provision was understood to prevent.

Comey Maybe: Sorting Through Today’s Facts

The bad news is this morning’s Union Pub patrons and Comey Day spectators were left wanting in their bids for Tweet-driven drinks on the house. The good news is we were able to watch and listen undiverted by a Presidential tweetstorm as former FBI Director James Comey elaborated on his prepared opening statement to the […]

The Weekly Bipartisan: Uniting Against Indefinite Detention

[Welcome to The Weekly Bipartisan, where we share instances of meaningful bipartisanship, on the Hill and elsewhere. This project seeks to shine a light on efforts to come together to find common ground and advance shared values in a political climate defined by polarization, an increasingly jaded citizenry, and vilification instead of constructive dialogue and debate. […]

The Slaughterhouse of Judicial Nominations

As President Trump continues to roll out his nominees for various federal district and appellate court vacancies, those nominees’ academic and professional records are undergoing a new season and level of scrutiny. This is, of course, a familiar process to be both expected and welcomed. Less familiar, however–though perhaps this is the new paradigm–is the targeted […]

The Dangers of Democracy: Human Rights and Majoritarianism

Introduction Last week, on December 15, we celebrated the 225th anniversary of the ratification of the Bill of Rights. While many Americans find good reason to celebrate the first ten amendments to the Constitution, not as many pause to appreciate that it is the amendments’ anti-democratic character that makes them so effective. Democracy, after all, […]