Commentary

scotus

In our blog, read about the political and cultural issues affecting Tennesseans written from a conservative perspective. Commentaries are typically written by David Fowler, an attorney who served in the Tennessee state Senate for 12 years before joining FACT as President.

Well, What Do We Do Now

Well, What Do We Do Now

Jan 6, 2021 by David Fowler

After the electoral events of Tuesday and Wednesday, multiple thoughts ran through my mind. I scoured the news, praying that I might be given something insightful to say that has not already been said. Whether my prayer was answered, you can judge, b...
Was There a Supreme (Court) Abdication of Constitutional Duty in Texas “Elector Clause” Lawsuit?

Was There a Supreme (Court) Abdication of Constitutional Duty in Texas “Elector Clause” Lawsuit?

Dec 17, 2020 by David Fowler

I have searched high and low for legal arguments from lawyers explaining why the substance of Texas’ claim regarding the presidential electors clause in the U.S. Constitution was, in the words of many, baseless, absurd, and other like words. I ...
Will Texas’ Election Lawsuit Provide Chief Justice Roberts the Comeuppance His Lawlessness Deserves?

Will Texas’ Election Lawsuit Provide Chief Justice Roberts the Comeuppance His Lawlessness Deserves?

Dec 11, 2020 by David Fowler

Late Monday, Texas’ Attorney General filed a Motion with the United States Supreme Court asking it to take jurisdiction over a lawsuit the state wants to file against Georgia, Michigan, Pennsylvania, and Wisconsin. Last week I said Chief Justic...
Chief Justice Roberts, Stop Ducking And Do Your Job

Chief Justice Roberts, Stop Ducking And Do Your Job

Dec 3, 2020 by David Fowler

Chief Justice John Roberts has gotten on my last nerve. After violating his oath of office this summer to avoid controversy in a high-profile abortion case, he ducked out on another high-profile social issue type case last week. This one involved the...
The U.S. Supreme Court Has Put Itself on Trial. What Will Be the Verdict?

The U.S. Supreme Court Has Put Itself on Trial. What Will Be the Verdict?

Nov 13, 2020 by David Fowler

The presidential election is over. The results, however, are not final as a matter of law. I don’t know whether the voter fraud that accompanies all elections will prove sufficient to change the media-predicted results in this election, but som...
Biden on Judge Barrett and His Version of the Establishment Clause

Biden on Judge Barrett and His Version of the Establishment Clause

Oct 16, 2020 by David Fowler

Joe Biden, Diane Feinstein, and Amy Coney Barrett—you might call them the unholy trinity of American political views on religion and the Establishment Clause. Actually, Barrett isn’t “unholy” in the same sense as the other two...
What SCOTUS Abortion Ruling Means for TN’s New Abortion Law

What SCOTUS Abortion Ruling Means for TN’s New Abortion Law

Jul 3, 2020 by David Fowler

On Monday, the United States Supreme Court issued its latest travesty, this time a judgment holding unconstitutional an abortion-related law in Louisiana. But no one should be surprised that the Court failed to use the case to overrule Roe v. Wade. E...
Getting Perspective On Another Bad Supreme Court Decision

Getting Perspective On Another Bad Supreme Court Decision

Jun 19, 2020 by David Fowler

Getting Perspective on Another Bad Supreme Court Decision   Monday, the United States Supreme Court issued a judgment based upon the word “sex” in Title VII, the federal law prohibiting workplace discrimination, having a meaning ...

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