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Constitutionally Hopeful

The cover story on National Review is by Jonathan Adler and Nathaniel Stewart, who are insisting there were Positive Steps, Silver Linings in the Supreme Court’s ruling in NFIB v. Sebelius ruling.   Since I am expecting stormy weather over the next few years in the matter of . . . . Continue Reading »

Stunningly Bad

Wow. The oral argument defense of Obamacare’s constitutionality so far has not just been bad, as has been reported, but has been stunningly bad.  And the incompetence displayed goes beyond that of Solicitor General Verrilli, but extends to several of the meaning-to-help-his-case comments . . . . Continue Reading »

Late Halloween Riddle

What is black and white but leaves law-literate liberals shrieking and gibbering with fright? The anti-Obamacare brief from the public interest law arm of the Claremont Institute! I.e., for liberals, the ultimate CLAREMONSTER!!! . . . . Continue Reading »

As Justice Kennedy Said …

When Samuel Alito replaced Sandra Day O’Connor on the Supreme Court in 2006, observers predicted that Anthony Kennedy would quickly become the key figure in the nation’s jurisprudence. And recent terms have confirmed those predictions: Across a wide range of controversial constitutional issues, . . . . Continue Reading »

The Supreme Court Rules: 2004

The Supreme Court Rules:  2004by Michael M. Uhlmann For those old enough to remember the way things used to be, the media hoopla that now attends the conclusion of almost every Supreme Court term can seem, well, a bit unseemly. The old order, to be sure, had its dramatic moments when national . . . . Continue Reading »

Conciliating Hatred

These days, if you announce that the Supreme Court is doing politics rather than law you will provoke more yawns than protests. But what sort of politics is the Court doing? Justice Antonin Scalia frequently charges the Court with stepping out of its judicial role and taking sides in the culture . . . . Continue Reading »

Lincoln on Judicial Despotism

After the Supreme Court’s landmark 1954 decision in Brown v. Board of Education ordering the desegregation of public schools in Topeka, Kansas, lawsuits promptly were brought to dismantle legally sanctioned segregation in other states. One of these was Arkansas. There, Governor Orville Faubus and . . . . Continue Reading »

The End of Democracy? Our Judicial Oligarchy

This last term of the Supreme Court brought home to us with fresh clarity what it means to be ruled by an oligarchy. The most important moral, political, and cultural decisions affecting our lives are steadily being removed from democratic control. Only Justices Antonin Scalia and Clarence Thomas . . . . Continue Reading »

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