Commentary

us-supreme-court

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...
Following Justice Thomas’s Instructions on SCOTUS’ Same-Sex Marriage Decision

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

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...
Growing Threats to Civil Liberty Have a Silver Lining

Growing Threats to Civil Liberty Have a Silver Lining

Jul 17, 2020 by David Fowler

I think I’ve found a silver lining for those who are frustrated with the governor’s Executive Orders on COVID and the two most recent court defeats on abortion—the U.S. Supreme Court’s decision on Louisiana’s abortion la...

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