Supreme Court:

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 […]

A Win for Private Property

A Win for Private Property

Originally published in The Daily Caller, July 2, 2013 – Property rights deserve as much protection as other rights – Last week, the Supreme Court handed down its decision in Koontz v. St. Johns River Water Management District, one of the biggest property rights cases in years. The case was brought by Coy Koontz, a […]

Deferring to Leviathan

Deferring to Leviathan

Originally published in The Daily Caller, May 22, 2013 – What the Supreme Court’s decision in Arlington v. FCC means for America – On Monday, the Supreme Court announced its decision in the case of Arlington v. FCC. The issue, according to Justice Scalia’s opinion for a majority that included Justices Thomas, Ginsburg, Sotomayor and […]

DOMA in the Courts

DOMA in the Courts

Originally published in The Oregonian, April 4, 2003 – Has the Defense of Marriage Act Worked? Last week’s argument before the U.S. Supreme Court over the constitutionality of the Defense of Marriage Act (DOMA) was another reminder of how dramatically public opinion on the issue of same-sex marriage has changed in less than two decades. […]

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 […]

Affirmative Action, Elizabeth Warren and the Academy

Affirmative Action, Elizabeth Warren and the Academy

Writing at Breitbart, Curt Levey underscores the reality of affirmative action in the academy.  And he says that Elizabeth Warren’s claim of Native American heritage when applying to Harvard for a job illustrates the problem.  It’s all about appearances.

Racial Preferences Back at Supreme Court

Racial Preferences Back at Supreme Court

Once again the United States Supreme Court is taking up the question of the constitutionality of racial preferences in college admissions.  Today the court hears oral arguments in a Texas case involving the University of Texas’ consideration of race in its undergraduate admissions.  Today’s Wall Street Journal carries an editorial urging the court to change […]

An Interview with Justice Thomas

An Interview with Justice Thomas

Yesterday, the New York Times reported on an interview of Justice Clarence Thomas conducted by Yale law professor Akhil Reed Amar.  The occasion was the 225th anniversary of the Constitution.

Common Ground in Just Concluded Supreme Court Term

Common Ground in Just Concluded Supreme Court Term

The National Law Journal reports on the Supreme Court term just concluded.  While the health care case left everyone with a sense of extreme partisanship on the Court, the reality is very different.  Read the full article here.

The Chief Justice in Wonderland

The Chief Justice in Wonderland

Originally published in The Daily Caller (here), July 11, 2012 – In the two weeks since the Supreme Court upheld most of the Affordable Care and Patient Protection Act in National Federation of Independent Business v. Sebelius, there has been much praise from both left and right for Chief Justice John Roberts’ surprising opinion. Writing […]

The Supreme Court and the Election

The Supreme Court and the Election

The U.S. Supreme Court has had a shaky conservative majority for over two decades.  The could be either strengthened or eliminated as a result of the upcoming presidential election.  Clink Bolick explains why and how in this piece in today’s Wall Street Journal.

Conservatives Too Fast In Praising Roberts’ Decision

Conservatives Too Fast In Praising Roberts’ Decision

The Wall Street Journal editorial board argues that conservatives are mistaken in finding silver linings in Chief Justice Roberts’ decision upholding Obamacare.  If they are right (and we think they are), the idea of limited Congressional power is now totally buried under a federal police power in the name of taxation.

Two Views on Chief Justice Roberts’ Decision on Obamacare

Two Views on Chief Justice Roberts’ Decision on Obamacare

Writing in today’s Oregonian, Rich Lowry says Roberts overreached by effectively amending what Congress enacted (a view expressed by Jim Huffman on this site earlier this week here).  David Brooks says that Roberts did the right thing in deferring to the democratic process.  Lowry has the better position.  It is not for the courts to […]

An Incoherent Opinion from the Chief

An Incoherent Opinion from the Chief

Writing in today’s New York Times, Richard Epstein explains why it makes no logical sense to say that Congress can do by taxation what it cannot do by regulation.  If we accept that distinction, the idea of limited government becomes meaningless.

Justice Roberts Provides Cover for Congress

Justice Roberts Provides Cover for Congress

Originally published in The Daily Caller — June 28, 2012 – Obamacare ruling is judicial activism of the most pernicious sort – The Supreme Court’s validation of the Affordable Care Act’s (ACA) individual mandate will be celebrated as a product of appropriate judicial restraint. To the contrary, it is judicial activism of the most pernicious […]

Obama Fans Flames of Immigration Controversy

Obama Fans Flames of Immigration Controversy

Writing in today’s Oregonian, Jack Roberts suggests that the Obama Administration should have followed the lead of the Supreme Court Justices and Arizona Governor Jan Brewer in his response to the Supreme Court’s ruling in the Arizona immigration law case.  Instead, says Roberts, the President chose to further politicize the issue.   Read Roberts’ commentary here […]

Citizens United Survives

Citizens United Survives

Yesterday the U.S. Supreme Court rejected a Montana Supreme Court invitation to reconsider the Citizens United decision in which the high court invalidated limits on corporate and union spending.  But the liberals on the Supreme Court will not give up with this decision.  Read a Wall Street Journal editorial on the Court’s summary rejection of […]

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