Orin Kerr notes at Volokh.com that Kagan’s likely confirmation will mean that the Supreme Court will be entirely composed of Catholics and Jews, with no Protestant representation at all. Kerr has no overarching theory about this, except for the obvious … Continue reading →
Just when you think your expectations are already low enough, and nothing can further surprise you about the Obama administration and its appointees, something happens that proves you wrong. Case in point: Attorney General Holder’s statement that—although he’s already opined … Continue reading →
Obama and Kagan, whispering in the faculty lounge. Does Kagan have that common touch? Kagan was no pushover as a prof. And Kagan is not gay, say friends. Not that there’s anything wrong with that. The following qualifies as the … Continue reading →
…and then there’s Yale and Harvard. David Bernstein at Volokh wonders whether this Harvard-Yale thingee isn’t a bit much: The president went to Harvard, and barely defeated a primary opponent who went to Yale. His predecessor went to Yale and … Continue reading →
President Obama has announced the nomination of Elena Kagan to the Supreme Court. I can’t say it surprises me in any way, nor should it—this was telegraphed for quite some time—and I don’t think that this nominaton (or any other … Continue reading →
The Lieberman proposal to strip terrorists who are Americans of citizenship rights has a great many critics. That is not surprising, since the idea appears at first glance to be a fairly radical one. Here’s a typical critique, taken from … Continue reading →
First, the good news: [Shahzan was initially] interrogated “pursuant to the public-safety exception of the Miranda Rule,” says the GOP aide. That exception allows officials to question a suspect for a period of time without reading him his rights if … Continue reading →
And surprise surprise, he’s a naturalized American citizen of Pakistani descent, arrested at JFK Airport while trying to flee to Dubai. No doubt, however, he’s also a right-wing Tea Partying extremist who’s against the health care bill. And of course … Continue reading →
Eugene Volokh, who was born in the Soviet Union and came to the United States as a child, reminicises about thought control in the country of his youth and relates the atmosphere there to what happened at Harvard Law School … Continue reading →
Martha Minow, Dean of Harvard Law School, has put another PC nail in the coffin of free speech at that august institution, alma mater of our president. The topic? A private email sent by third year Harvard Law student Stephanie … Continue reading →
The new Arizona immigration law is described in nearly every MSM article as “controversial.” And I suppose it is, if by “controversial” you mean the usual definition of arousing “strong disagreement.” The word also fits the bill, however, if you … Continue reading →
The Arizona illegal immigration law has been has been signed by Governor Brewer: The law, which will take effect in 90 days, will make it a state crime to be in the country illegally. The measure would require migrants to … Continue reading →