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.
SCOTUS Is Reaping the Illegitimacy Its Illegitimacy Has Sown
Oct 8, 2021 by David Fowler
Last Friday, U.S. Supreme Court Justice Samuel Alito decried the media creating the perception that the Court is a “dangerous cabal.” Justices Amy Coney Barrett and Stephen Breyer also recently spoke in defense of the Court ‘s legit...
Redefining Religious Liberty
Sep 30, 2021 by David Fowler
At a recent conference, Christians expressed concern that civil government was increasingly infringing on the right to religious liberty. But it became clear to me that the right will continue to shrink if they don’t change the way they speak a...
An Epic Christian ‘Fail’- Have Christian Leaders Been Asking the Right Question?
Sep 24, 2021 by David Fowler
The other week a preacher called to ask me a question. I emailed an answer and then emailed again to tell him to disregard it. My answer reminded me of a gathering a few years ago following a terrible decision by the U.S. Supreme Court. I realized I ...
Barrett, Breyer, and Baloney: SCOTUS, Court Packing, and Roe v. Wade
Sep 17, 2021 by David Fowler
“Barrett, Breyer, and Baloney” is not the name of a law firm that practices before the U.S. Supreme Court. Rather it is a description of my reaction to comments made this week by two Justices—one liberal, the other conservative (per...
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?
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?
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
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...
Following Justice Thomas’s Instructions on SCOTUS’ Same-Sex Marriage Decision
Oct 8, 2020 by David Fowler
This week, Justice Clarence Thomas issued a “statement”—in layman’s terms, a certain kind of opinion—about the Supreme Court’s decision not to hear an appeal of a judgment against Rowan County, Kentucky Clerk, Kim ...
Why Amy Coney Barrett is Biden’s Worst Nightmare
Oct 2, 2020 by David Fowler
According to an article written last week by law professor John Yoo, Judge Amy Coney Barrett wrote earlier this year “that judges must adhere to the original public meaning of the Constitution’s text.” Her statement should give grea...
Commentary