After big losses, Marilyn Mosby looks at trying to change the rules

Featured image Have you noticed that when sensible, neutral, and longstanding rules and policies don’t produce the racial outcomes desired by the left, it calls for changing those rules and policies? Plagued by a lack of solid family structure and constructive role models, young Black students as a class behave more poorly than White students and thus are disciplined more often. The solution? Change the disciplinary rules and tolerate disciplinary breakdowns — »

Court Case of the Week

Featured image Normally the DC Circuit Court of Appeals hears important cases involving the reach and scope of the powers of the administrative state, and last week’s decision in Wallaesa v. FAA is no exception, except that the facts of the case are laughable while reminding us how much we love flying: On November 6, 2009, Wallaesa, a passenger on Southwest Airlines flight 3049 from Baltimore to Las Vegas, struck up a »

What a Hillary-Shaped Supreme Court Would Look Like

Featured image Mark Tushnet of Harvard Law School is one of the leading leftists in legal academia today. Yesterday on Jack Balkin’s website Balkinization, Tushnet lets it all hang out how he thinks a reliably liberal Supreme Court should think and act. I’ve interspersed a couple of my comments in [bolded brackets]. Pay special attention to his Point #6: 1      A jurisprudence of “wrong the day it was decided.” Liberals should be compiling lists »

El Nino Comes to George Mason

Featured image News out just this afternoon that George Mason University’s fine law school will be renamed the Antonin Scalia School of Law at George Mason University. I know that the law school’s dynamic dean, Henry Butler, has been working on this idea for a while, and secured $30 million in new contributions to the school (which will go mostly to student scholarships).* So congrats to Henry and GMU. And expect lefty »

Confirmation Bias, NY Times Style

Featured image I haven’t read the New York Times editorials on the Scalia succession, and I’m not going to unless they pop up on my screen by accident. But I did happen to stumble across their 1987 editorial on why the Senate was correct to reject Robert Bork, and one of the reasons was that. . . well, take in this paragraph for yourself, but not with a mouthful of milk or »

Confirmation Bias

Featured image A lot of people think Sen. Majority Leader Mitch McConnell made a mistake in saying that any Obama Supreme Court nominee wouldn’t even get a hearing, let alone a vote, but I think he was perhaps very canny. Knowing Obama’s ideology, he might have been deliberately provoking Obama, as Paul suggested over the weekend, to send a deeply ideological—and preferably minority nominee—for political purposes, but which would make McConnell’s job »

Jeb to Conservatives: Drop Dead

Featured image Back in September in “Bush League De-Regulation,” I took note of Jeb Bush’s Wall Street Journal op-ed about his views on regulation. I wondered whether he really understands the problem sufficiently, and concluded: This is another sign that Bush, as good as he is in many ways, is not good enough. He doesn’t get the full depths of the problem. Like his dad and older brother. Today, as reported by »

Clint Bolick for SCOTUS!

Featured image Terrific news out of Arizona today, where Governor Doug Ducey has announced his appointment of Clint Bolick to the state’s Supreme Court. How great an appointment is this? Well, the folks at the Center for American Progress are having a cow: The Most Chilling Political Appointment That You’ve Probably Never Heard Of Unless you’re unusually familiar with libertarian legal activists (or you are a Republican presidential candidate) you probably have »

A personal look back

Featured image This past December brought to mind some of the happiest parts of my life. John Hinderaker’s retirement party accounted for a good share. Working with John turned into a friendship that has changed my life for the better. The party took me back to our professional relationship. We started writing columns and articles together on the side of our law practice at the end of 1991. In his usual style, »

Freddie Gray judge prosecuted police misconduct cases for DOJ

Featured image The trial of the first of the first of six Baltimore officers charged in the arrest and death of Freddie Gray began today in Baltimore with jury selection. Officer William G. Porter, 26, faces charges of manslaughter, second-degree assault, misconduct in office, and reckless endangerment because he allegedly did not get medical help for Gray when he complained of injuries after his arrest. None of the 75 potential jurors in »

The Best Law Journal in America?

Featured image The Harvard Law Review? The Yale Law Review? The Journal of Law and Economics perhaps? No: let me suggest it is The Green Bag, which I wouldn’t exactly call a law review, but somehow law journal doesn’t seem to quite fit it either. There’s nothing else like it. Call it, for lack of a better term, a compendium of legal things of interest, not always serious or even timely. You »

Justice Kennedy’s testimony about gridlock harkens back to Obamacare case

Featured image Justice Kennedy made an interesting comment today when he testified to Congress regarding the Supreme Court’s budget. Responding to a question about politically charged issues before the Court, Kennedy stated: We think an efficient, responsive legislation and executive branch in the political system will alleviate some of that pressure. We routinely decide cases involving federal statutes and we say, well, if this is wrong the Congress will fix it. But »

Federal district court rules against Obamacare subsidies on federal exchange

Featured image A federal district court in Oklahoma has ruled that the Obamacare statute means what it says: subsidies may not granted to people obtaining their health insurance through the federal exchange. In Pruitt v. Burwell, Judge Ronald White of the Eastern District of Oklahoma followed the reasoning of the panel in Halbig v. Sebelius, a ruling that the full D.C. Circuit, having been packed by the Democrats, recently vacated. The Oklahoma »

Breaking: DC Circuit Vacates Obamacare Decision

Featured image Call this the first fruits of the Obama-Reid plan to pack the DC Circuit Court of Appeals.  The DC Circuit has just vacated its July 22 decision in Halbig v. Burwell that struck down the federal subsidies for Obamacare in states that did not set up exchanges as the clear language of the statute said.  The DC Circuit will now hear the case en banc, which likely favors a reversal »

Drafting error vs. poor draftsmanship

Featured image Obamacare by its express and unambiguous terms limits Obamacare subsidies to people using health care exchanges “established by the State.” Thus, subsidies to people in the federal exchange are not permitted, as these exchanges obviously are not established by the State. However couched, the argument that subsidies should nonetheless accrue to people in the federal exchange boils down to the notion that the limiting language of the statute is the »

Breaking: Obamacare Takes Torpedo Below the Water Line

Featured image Wish I had time to get through the just issued DC Circuit Court of Appeals ruling striking down the IRS twisting of the Obamacare statute’s clear language on state-based exchanges (I’m at the Reagan Library all this week doing a Gipper 101 course for high school teachers—see photo nearby of Sunday night’s opening talk—and I have to be off momentarily for this morning’s classes), but this looks to be HUGE, »

The courts will not save us

Featured image George Will seems to me the preeminent political columnist of our era, with the possible exception of Charles Krauthammer. Will and Krauthammer are in a league of their own. Both are conservatives, of course, and you have to wonder who the liberals can put up against them. Tom Friedman? Maureen Dowd? Paul Krugman? E.J. Dionne? I don’t know. I come to question Will, however, not to praise him. He has »