April 28, 2021 | New York Law Journal
Is Freedom of Speech, Freedom From Consequence? New York's Law of LibelThe law of defamation has morphed into a federal line of cases with shifting emphasis and vague precedence.
By Sol Wachtler
14 minute read
September 30, 2020 | New York Law Journal
Election Procedures: New York Should Lead the WayIn the wake of the Wisconsin Supreme Court decision and other election cases pending nationwide, a discussion of how these cases should be resolved as New York has done: by strictly complying with state election laws.
By Sol Wachtler
5 minute read
January 13, 2020 | New York Law Journal
Impeachment Accords With Constitution, Founders' IntentThere is no question that President Trump's impeachment was both constitutional and in accord with the understanding and intent of our founders.
By Sol Wachtler
6 minute read
August 12, 2019 | New York Law Journal
U.S. Supreme Court Seems Poised To Erode Separation of PowersIf neither the Senate nor the Supreme Court will act, President Trump and presidents who follow will continue to undermine the Constitutional separation of powers and we will revert to the tyrannical form of government so feared by our founders.
By Sol Wachtler
5 minute read
May 09, 2019 | New York Law Journal
The Senate Will Not Convict and Congress Has More Important Things To DoThe majority of the House members should not spend its valuable time and powers solely to undermine the President, and the majority of the Senate should remember that its obligation is to the American people, and not to simply to defend the President and his unquenchable ego.
By Sol Wachtler
8 minute read
April 05, 2019 | New York Law Journal
Fringe Political Parties Should Not Pick Our JudgesThe New York State legislature, in its final hours of budget negotiations, agreed to empower a new commission to change our election laws. This commission could end the practice of “fusion voting” in this state—a practice which imperils the independence of our judiciary.
By Sol Wachtler
6 minute read
March 12, 2019 | New York Law Journal
Dred Scott Raises Its Ugly Head AgainJustice Clarence Thomas, in his most recent concurring opinion, again raises the issue of whether “substantive due process” should be used in creating constitutionally protected “rights.”
By Sol Wachtler
9 minute read
February 19, 2019 | New York Law Journal
President Must Work With CongressThe “Wall” as envisioned and promised by President Trump, will not be built without Congress. Although the President and his minions think that it can be done by executive order, they are wrong.
By Sol Wachtler
4 minute read
September 20, 2018 | New York Law Journal
Brett Kavanaugh Is an OriginalistThe only thing we learned about Judge Kavanaugh's jurisprudence from his partisan sideshow of a confirmation hearing is something we already knew: that he is an “originalist” in the mold of Justice Scalia. Originalism has always had a respected place at the table of constitutional interpretation. One of the most renowned of all originalists was Chief Justice Roger Taney, who wrote the infamous 'Dred Scott' decision.
By Sol Wachtler
7 minute read
July 03, 2018 | New York Law Journal
American 'Fake News' Dates Back to Myths of Our Founding FathersOur country was built on myths—good myths—but myths nonetheless.
By Sol Wachtler
1 minute read