I’m Thankful Colorado Teachers At Least Can Request Political Refunds
Tomorrow is Thanksgiving, which means I’ll take a little break from blogging. One of the things I’m thankful for are teachers — especially good teachers who work hard, know their stuff, and care about the success and well-being of kids like me. This time of year I also am thankful that teachers in Colorado are […]
Health Bill and Gun Ownership

Originally published on Volokh.com Today’s Washington Examiner has an article about the concerns that Gun Owners of America has raised about the health care bill which is currently on the Senate floor. I am quoted therein, and I think that GOA has a good point. The Examiner article concludes with a contrary quote: “It is very […]
Colorado Needs Standards for Tax-Funded Union Release Time
In many Colorado school districts, taxpayers are subsidizing union presidents and/or other officers to take release time from the classroom for union business. Back in 2003-04 the practice cost Colorado taxpayers at least $775,000 (PDF). Since nothing is known to have changed to crack down on the process, the figure must be considerably more these […]
McDonald Amicus: Don’t Trust Fairman and Berger

Originally published on Volokh.com Erik S. Jaffe has written a very interesting brief for the CalGuns Foundation. In short, the argument is: “Charles Fairman’s and Raoul Berger’s Work on Fourteenth Amendment Incorporation of the Bill of Rights Is Deeply Flawed, Inaccurate, and Should Not Be Relied Upon by this Court.” To make a long story short, during the […]
Rules for Aldridge’s Bingham

Originally published on Volokh.com One of the charming aspects of VC culture was that shortly after Orin invented a drinking game (see 4:38 p.m. post on Nov. 23) based on how often commenter J. Aldridge mentioned John Bingham, readers wanted clarification on the rules. In particular, the rules say that one must take “a drink” whenever […]
Institute for Justice Brief in McDonald v. Chicago

Originally published on Volokh.com Counsel of record is Clark Neilly, who was Alan Gura’s right-hand man in Heller. The most important part of the brief is Part III, which begins: “To enslave a class of people requires three basic things: destroy their self-sufficiency, prevent them from fighting back, and silence any opposition.” The brief then goes […]
Congressional Brief in McDonald v. Chicago

Originally published on Volokh.com Available here. Joined by 58 Senators (including 19 Democrats) and 251 U.S. Representatives (including 78 Democrats, although my count here may not be exact). Counsel of Record is former Solicitor General Paul D. Clement. Much of the brief recapitulates the lengthy historical record of congressional action (including but not limited to Reconstruction) […]
Cato Brief in McDonald v. Chicago

Originally published on Volokh.com Available here. An outstanding brief, as one might expect. The bulk of the brief (21 pages, comprising Part I) shows that from the Founding Era into through the framing of the Fourteenth Amendment, national citizenship was paramount to state citizenship. Part II briefly argues that Slaughterhouse violated canons of constitutional construction–such as […]
Arizona Shows K-12 Tax Credit Program Saves State Millions of Dollars
Should Colorado enact a K-12 scholarship tax credit program that empowers families to choose private schools? It may sound crazy politically, yet the idea would make sense not only to expand choice for families but also to help the state save money during an especially tough budget year.
What, you say, you don’t believe that it […]
Accountability for Tax-Funded Teachers Union Release Time?
Utah state auditors have found that local union leaders in several school districts have not clearly accounted for their taxpayer-subsidized release time from the classroom, a practice which also takes place in Colorado. Judi Clark, executive director of Utah’s Parents for Choice in Education, explains how her organization has helped to expose the problem and why more accountability and transparency are needed to ensure education dollars are being used wisely to help students.
Missouri Court Upholds Statute Against Gun Possession While Intoxicated

Originally published on Volokh.com Missouri v. Richard was decided earlier this week by the Missouri Supreme Court, solely on the basis of the Missouri Constitution. Missouri law, Section 571.030.1(5) punishes someone who “Possesses or discharges a firearm or projectile weapon while intoxicated.” Richard did in fact possess a loaded handgun while intoxicated (eventually to the point of […]
Glad to Have My Skepticism Validated about Denver’s “Boundary School” Idea
Last week I asked what Denver Public Schools was up to with a plan to change the enrollment policies for some of its charter schools, making them into “boundary schools.” What’s up with that?
When you’re 5 years old like I am, you can tend to be insecure about questioning authority so often. Thus I was […]