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Douglas Kmiec
Douglas Kmiec is U.S. Ambassador (ret.) and Caruso Family Chair in Constitutional Law & Human Rights, Pepperdine University School of Law, Malibu, California; author, Lift Up Your Hearts (Embassy International 2012, available in select bookstores and on Amazon) detailing the rescue of Embassy-Tripoli by Embassy-Malta during the Libyan uprising and arguing for an ethic of radical kindness in modern political discourse.

Entries by Douglas Kmiec

Clinton's VP: Donald J. Trump -- Why Not? History is More Supportive Than You May Think

(1) Comments | Posted May 16, 2016 | 12:02 AM

In the primaries leading to the 2008 presidential election, I broke ranks with the Republican Party and endorsed Barack Obama for president. He represented then, and still represents now, the best of the American spirit and character. He was not given an opportunity to fulfill the "audacious hopes"...

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Giving 'Our' President His Due -- Seeing Others Without Partisan Glint -- The Homily of Fr. Paul Scalia

(0) Comments | Posted February 21, 2016 | 11:37 PM

Whether you accepted the late Justice Scalia's method of constitutional interpretation as delivering objective outcomes based on neutral principles or conservative outcomes hidden within an originalist office history, there is little question but that his deliberative life affirmed the importance to our republic of a rule of law. It was...

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Don't Jeopardize the Work or the Integrity of the Supreme Court -- How a Recess Appointment Could Satisfy Both Sides

(2) Comments | Posted February 18, 2016 | 1:33 PM

The partisan bickering over when to fill the vacancy occasioned by the death of Justice Antonin Scalia must not be allowed to jeopardize the work of the Supreme Court. Those signing below are distinguished law professors, practitioners and even judges.

As with all Americans, we represent a broad range...

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Obama Will Appoint Scalia Successor, but Who? Justice Biden or Even Justice Obama?

(47) Comments | Posted February 13, 2016 | 9:46 PM

It is fair to say that no other single justice has had as great an impact on constitutional interpretation as Antonin Scalia. I was head of the office of legal counsel at the time Antonin Scalia was named by Pres. Reagan. When Warren Burger resigned in 1986, we Reagan lawyers...

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Hillary Could Win With Humility and Empathy

(0) Comments | Posted January 29, 2016 | 3:51 PM

No one really disputes that Hillary Clinton is the most experienced candidate in the presidential field of either party. She also represents an historic opportunity to demonstrate gender equality. So why then isn't she the walkaway winner?

My "ready for Hillary" bumper sticker has decorated my car for several years....

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Refuting ISIS & Reaffirming America --Tis the Season to Help -- Not Trump -- Thy Neighbor

(0) Comments | Posted December 10, 2015 | 11:19 AM

ISIS is busy "radicalizing" the mentally or socially challenged worldwide via the internet. One of its consistent themes is that the U.S. is in decline as a heartless, materialistic infidel producing aimless and purposeless young people with disdain for the needs of others, especially the poor and the elderly.


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Showing Refugees the Door... Marked 'Welcome,' That Is

(1) Comments | Posted November 20, 2015 | 12:18 PM

The ISIS rampage through Paris was barbaric, but the penalty for it ought not be paid by refugees.

Unlike indifferent Rand Paul libertarians or Donald Trump isolationists, an adequate response must be more than crudely xenophobic. Since it must also not be illogically punitive, what is written here will not...

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Benghazi Backfire! Presidential Hillary Clinton Showcased by GOP

(319) Comments | Posted October 23, 2015 | 10:48 AM

As a Clinton supporter, I had not been anticipating how helpful the Benghazi hearings would be.

Of course, not in the way intended. As confessed by the Republican leadership (oops, sorry, the Republicans don't really have a leader, do they?) -- Exit weeping, John Boehner; exit running, Kevin McCarthy; enter,...

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Hillary Is Sorry and Is Fighting Back -- for What and Against Whom?

(3) Comments | Posted September 16, 2015 | 12:39 PM

The great email saga is over!

Mrs. Clinton is sorry for not keeping two email accounts -- a personal one and a business one. Fine, thank goodness that "serious" matter is out of the way so we can turn to the lesser issues of persistent racial hatred in too...

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Was Colbert's Misstep Be the "Colbert Thump" of the Bush Candidacy?

(15) Comments | Posted September 11, 2015 | 12:41 PM

I both enjoy Stephen Colbert and wish him very well.

A few years back, Stephen invited me on his former show and deftly had me serving up plenty of straight-man lines which he comfortably hit for the fences. 2015-09-10-1441848965-8139853-DouglasKmiecwithStephenColbert.jpg Part of my objective...

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The Pope Shall Not Be Trumped -- of Papal Visits, Politics and the Press

(37) Comments | Posted August 18, 2015 | 3:26 PM

A month from now the highly popular Pope Francis will make his first visit as Pope to the US. He is expected to continue to charm believer and unbeliever alike. While in the States, Francis will address a joint session of Congress and attend a worldwide conference on the family....

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Taking up the Misplaced Faith in Drone Warfare: An Important Opportunity for Hillary Clinton

(2) Comments | Posted June 5, 2015 | 10:27 AM

Another day has passed without NSA access to meta-data, and we survive.


Whether it is possible to reconcile the Constitutional guarantees of individual privacy through the expedient of putting Internet service providers between the USG's insatiable demand for ever more sweeping access and stored data, only Ed Snowden likely...

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The Sadly Tragic Incompleteness of Obamacare

(1) Comments | Posted May 8, 2015 | 9:34 AM

My nephew Bryan turned 39 this past week. Badly burned and scarred by a home fire ignited by a space heater during his infancy, this young man has endured a lifetime of challenge from skin graft surgery and now an aggressive cancer. Through it all, he has maintained an extraordinary...

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Hey Supreme Court, Get Out of the Marriage Cases

(7) Comments | Posted April 21, 2015 | 12:00 AM

Religious freedom issues continue to roil the United States. The gay community has demonstrated that any assertion of religious belief will be given little leeway or respect if it is used to exclude or disadvantage of gay couples.

The assertion by Indiana of such an unnuanced right to discriminate was...

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Why the Supreme Court Will Not Decide the Same-Sex Marriage Cases

(11) Comments | Posted April 6, 2015 | 6:07 AM

The Supreme Court will hear the same sex marriage case on April 28, but for the reasons described below will not decide them. Same-sex marriage which remains banned in over a dozen states and is subject to various limitations in others.

Having dodged the issue several times before on procedural...

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Death Comes to Notre Dame: Giants of Catholic Education --Theodore M. Hesburgh & Charles E. Rice -- Die Within Hours of Each Other

(0) Comments | Posted March 1, 2015 | 7:36 AM

Father Theodore M. Hesburgh, C.S.C., the long-serving ex-President at the University of Notre Dame died last week. Father Ted, as he was affectionately known, gave me the privilege of teaching at Notre Dame for nearly 20 years. His friendship transformed and shaped my life.

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Prosecutorial Misconduct and ISIS Recruiting -- The Hidden Linkage

(0) Comments | Posted February 19, 2015 | 11:00 PM

For some time now, law professor and former prosecutor H. Mitchell Caldwell has been deeply troubled by increasing incidents of prosecutorial misconduct in the state courts. Recently, federal appellate Judge Alex Kozinski declared that prosecutor misconduct had reached "epidemic" proportions in California. I share Professor Caldwell and Judge Kozinski's concern,...

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Islamic Terror -- The Pope Speaks, But More Must Be Said

(0) Comments | Posted January 16, 2015 | 6:48 AM

The attack in Paris killing cartoonists and kosher shoppers, the near miss in Belgium, and the continued virulence and success of ISIS' barbaric head-lopping march across Iraq are once again commanding the attention of the Americans and the people who wish democracy well around the world with claims that religion...

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RIP Mario Cuomo: Reconciler of Religion and Politics

(0) Comments | Posted January 2, 2015 | 1:51 PM

RIP, Mario Cuomo -- The Governor in Socratic Dialogue with Himself

Mario Cuomo's New Year's Day departure from this life is a true loss of a man of conscience. At the Democratic Convention in 1984, Cuomo's keynote address was a powerful reminder that government must not overlook the least fortunate....

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Foreign Film Blockbuster? 'Simshar' Asks: Are We All Migrants In Need of Rescue?

(0) Comments | Posted November 21, 2014 | 8:54 AM

Pope Francis in the first months of his papacy came to Lampedusa, a provincial island of Sicily not far from the Republic of Malta, to address the needs of thousands of African and increasingly middle eastern migrants who lose their lives in the Mediterranean sea pursuing freedom from starvation and...

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