Courts:

Making Up the Law

Making Up the Law

Originally published in The Oregonian, December 19, 2013 – The ‘public trust doctrine’ and greenhouse gases – Friends don’t let friends misstate the law, particularly when those friends purport to speak with professorial authority.  So I must offer a different view from that expressed by my friends Mike Blumm and Mims Wood (“Court cases put state’s stewardship […]

Court Packing?

Court Packing?

Originally published in The Daily Caller, November 7, 2013 – When it comes to court packing, Obama is no FDR – Senators Ted Cruz and Mike Lee claim that President Obama is engaged in the nefarious business of “court packing.” They object that by nominating individuals to fill the three vacant positions on the federal […]

No Role for Courts in Climate Policy

No Role for Courts in Climate Policy

Originally published in The Daily Caller, October 22, 2013 – Should states be responsible for beating back climate change? – As part of a nationwide strategy to get the state and federal courts to do what the elected representatives of the people and their executive agencies have declined to do on the subject of climate […]

Justice Ginsburg and Judicial Activism

Justice Ginsburg and Judicial Activism

Originally published in The Daily Caller, August 27, 2013 – The Equanimity of Justice Ginsburg – The New York Times reported on Sunday that Justice Ruth Bader Ginsburg does not plan to retire from the Supreme Court so that President Obama will be able to nominate her replacement. “I love my job,” the justice is […]

Humility and Executive Power

Humility and Executive Power

Originally published in The Daily Caller, August 3, 2013 – In a recent Wall Street Journal commentary, Daniel Henninger urged Republicans and Democrats to be wary of President Obama’s “creeping authoritarianism.” It is a recurrent theme among conservative and libertarian commentators, and surely they have a point. The empirical evidence of executive aggrandizement, not to mention the […]

Packing the DC Circuit with DC Lawyers

Packing the DC Circuit with DC Lawyers

Originally published in The Daily Caller, June 6, 2012 – Last month, Senator Chuck Grassley (R-IA) accused President Obama of attempting to “pack” the D.C. Circuit Court of Appeals by nominating individuals to fill three vacancies on the court. Nonsense, said the Washington Post’s Dylan Matthews, who labeled Grassley’s claim “one of the more amusing […]

The Election and the Courts

The Election and the Courts

Originally published in The Daily Caller, November 1, 2012 – It’s the economy, stupid — and the courts After weeks of attacking an imaginary Mitt Romney — one devoted solely to making the rich richer and the poor poorer — the Obama campaign has come around to accepting that “it’s the economy, stupid.” First, the […]

Justice Scalia on Textualism and the Role of Judges

Justice Scalia on Textualism and the Role of Judges

United States Supreme Court Justice Antonin Scalia and law professor Bryan Garner recently published a book entitled Reading Law.  The book argues for a textualist approach to judicial interpretation of statutes and constitutions, and sets forth canons of interpretation drawn from the English common law.  Scalia was recently interviewed by the legal affairs editor of […]

Test of Strength on Judicial Nominees

Test of Strength on Judicial Nominees

The National Law Journal reports on the impending struggle, coming to a head as early as this Monday, over nominees to the federal circuit courts of appeals.  A cloture vote on Monday could determine the fate of most, if not all, judicial nominees for the remainder of President Obama’s term.

9th Circuit Smackdown

9th Circuit Smackdown

Originally published in The Daily Caller, July 23, 2012 – Every year the Ninth Circuit Court of Appeals leads the nation in having its decisions overturned by the U.S. Supreme Court. In a 2010 speech to the Harvard Federalist Society, Ninth Circuit Judge Diarmuid O’Scannlain reported that during the prior decade the Supreme Court had […]

One Man’s Judicial Activism is Another Man’s . . .

One Man’s Judicial Activism is Another Man’s . . .

Writing in today’s Wall Street Journal, David Rivkin and Lee Casey argue that a Supreme Court invalidation of Obamacare would not be judicial activism as the President has contended.  To the contrary, they say, it would be the Supreme Court performing its constitutional duty.  Read more on the subject here, here and here.

The Power of the Prosecutor

The Power of the Prosecutor

This report in The National Law Journal details how the power of the prosecutor was abused in the Ted Stevens case.  It should stand as a reminder of the fundamental importance of our constitutional guarantee of due process.

Will Newt Neuter the Courts?

Will Newt Neuter the Courts?

WHY IS THE LIBERTY-LOVING PRESIDENTIAL CANDIDATE TAKING HIS CUES FROM FDR? Originally published in Defining Ideas 1/26/12 – Last month, presidential candidate Newt Gingrich released an agenda of executive and legislative actions to halt the abuse of judicial authority and to restore the constitutional separation of powers. According to the Gingrich plan, the most fundamental […]

In Defense of Economic Liberties

In Defense of Economic Liberties

For the last two decades while politicians have been multiplying regulations at an astonishing rate and thereby compromising economic liberties, a small public interest law firm in Washington, D.C., has been quietly tugging the courts in a different direction.  For an informative and inspiring interview with the leader of this effort, see today’s “Weekend Interview” […]

Judges May Determine Balance of Power in House

Judges May Determine Balance of Power in House

The Washington Times reports on the important role judges are playing in determining which party will control the House of Representatives and by how much.

No holiday for cronyism…

No holiday for cronyism…

Even with voter approval of Congress at a record low of 11%, cronyism still runs strong.  Michelle Malkin comments on the nomination of a federal judge whose confirmation might just help New Jersey senator Frank Launtenberg get reelected — if he doesn’t expire from old age first.

The Filibuster Blame Game

The Filibuster Blame Game

Earlier this week Senate Republicans blocked President Obama’s nomination of Caitlin Halligan to the District of Columbia Circuit Court of Appeals.  The President, not surprisingly, is outraged.  He responded that Halligan’s nomination “fell victim to the Republican pattern of obstruction” and that the 54-45 vote for cloture (60 votes are required) “dramatically lowers the bar” […]

D.C. Circuit: No Significant Limit on Commerce Power

D.C. Circuit: No Significant Limit on Commerce Power

ORIGINALLY PUBLISHED ON DAILYCALLER.COM 11/11/11 – With the D.C. Circuit’s decision this week in Susan Seven-Sky v. Eric Holder, the Obamacare table is finally set for the Supreme Court. Most Supreme Court watchers expect the Court to review, before the end of its current term, at least one of the several appellate court decisions on […]

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