[NOTE: Part I can be found here.] In evaluating judicial nominations and predicting the drift of a judge’s future decisions, one caveat I would offer is that nearly any judge with a long history is going to have decided some … Continue reading →
One of the reservations some conservatives have about Brett Kavanaugh is his ruling in the Obamacare case in 2011—not as a SCOTUS member, of course, but when Kavanaugh was on the D.C. Circuit and that court considered Obamacare’s constitutionality. I … Continue reading →
[BUMPED UP–scroll down to see UPDATE] …Trump will announce his SCOTUS pick. Who will it be? There’s plenty of speculation, but I won’t be guessing. You can try, though, in the comment thread. UPDATE: It’s Brett Kavanaugh. The Democrats have … Continue reading →
There are reports that the Trump administration is using DNA testing to reunite separated families at the border. According to Trump’s critics: “This is a further demonstration of administration’s incompetence and admission of guilt. This further drives home the point … Continue reading →
Here’s an excellent article on the history of the Supreme Court, written by Roger Kimball. Highly recommended. An excerpt: Responding to [Alexander] Hamilton [who felt the Supreme Court would be the “least dangerous” branch of government], the anti-federalist writer “Brutus” … Continue reading →
Megan McArdle is pro-life, but she believes that Roe v. Wade rests on such shaky legal grounds that it needs to be reversed and the decision left to the states. What’s more, she does not think that would constitute a … Continue reading →
When something is done by administrative order, it can be undone by administrative order. That’s been happening a lot lately. The most recent example is this: The Justice Department will scrap seven guidance documents issued by the Education Department under … Continue reading →
The United States is one of the strongest bastions of free speech in the world, and perhaps one of the last. Even Europe doesn’t have anything like our protections for free speech, nor does Canada. Both have hate speech laws, … Continue reading →
Ah yes, the Bork hearings—one of the Democrats’ finest hours. Ruth Marcus, among others, would dearly love to revive it: …[T]his must be another Bork moment — insisting on a nominee that is, to invoke the language of the Bork … Continue reading →
Obama may have commandeered the phrase, but it’s the one that comes to mind at the moment: hope and change. It has to do with the federal judgeships, and in particular the possibility of a sea-change on the Supreme Court. … Continue reading →
The Supreme Court finished up the liberty trifecta with Janus: …[H]as there been a bigger win for small-government, real-life conservatives over the past few decades than the Janus v. AFSCME ruling? The decision not only fortifies the First Amendment by … Continue reading →
It occurs to me, on reading many many reactions from the left to Justice Kennedy’s resignation, that the left had gotten to thinking that the Court was theirs, and that any change towards conservatism was illegitimate. Against the march of … Continue reading →