Supreme Court

Justice Stevens: Let’s Amend the Second Amendment!

Featured image Retired Justice John Paul Stevens was one of the great mischief-makers in the history of the U.S. Supreme Court. At age 93, he has now written a book in which he recommends six amendments to the Constitution. Presumably these are the changes he wasn’t able to implement the easy way, via a 5-4 vote on the court. One of Stevens’ proposed changes relates to the Second Amendment, and is intended »

Score one for the little sisters of the poor

Featured image President Obama has lost the latest round in his fight against the Little Sisters of the Poor. The Supreme Court, with no recorded dissent, has enjoined the Obama administration from enforcing the Obamacare mandate against the Little Sisters of the Poor and their co-plaintiffs while their appeal is pending in the Tenth Circuit Court of Appeals. More precisely, as Ed Whelan explains, to escape the mandate while their appeal is »

5 Things You Didn’t Know About Citizens United

Featured image Today is the fifth anniversary of the blessed Citizens United decision, which the loony left has compared to Dred Scott (no really—they do).  Remy Munasifi puts down his guitar in this video and in two crisp minutes walks us through the sense and nonsense about this terrific decision. »

Supreme Court halts gay marriage in Utah, for now

Featured image The Supreme Court has stayed a Utah federal district judge’s decision that struck down the state’s ban on same-sex marriage. The Supreme Court’s order stops for now a wave of same-sex marriages across the state. Utah’s ban is reinstated and will remain in force pending appellate review. There were no dissents from the Supreme Court’s stay order, which suggests that all nine Justices agree with it. However, the order tells »

CRB: Roe v. Wade at 40

Featured image The Fall 2013 Claremont Review of Books (subscribe here) comes out this week, and our friends at the CRB have allowed us once again to preview some choice (my choice) pieces for our readers. Yesterday we took a look at Michael Nelson’s review of 2012 presidential campaign books. Today we consider the Supreme Court’s 1973 decision in Roe v. Wade. Abraham Lincoln famously characterized the Supreme Court’s Dred Scott decision »

Justice Thomas speaks: The video

Featured image Our friends at the Federalist Society have posted a comprehensive set of links to the videos of this year’s National Lawyers Convention programs here. As promised, they have posted the 51-minute video of Justice Thomas’s interview with Seventh Circuit Judge Diane Sykes this past Thursday evening at the Federalist Society’s annual dinner. Those of us in attendance that night knew we had been witness to something special. Responding to the »

Coming soon: Justice Thomas speaks

Featured image I asked the Federalist Society representatives this morning if they would be posting the video of Judge Sykes’s interview with Justice Thomas. The Federalist Society is posting videos from the National Lawyers Convention on the Federalist Society YouTube channel. Check out the videos posted from the convention this year at the link. Justice Thomas’s event was recorded. Federalist Society representatives assure me the video will be posted soon on its »

Justice Thomas speaks

Featured image I had the great good fortune of attending the Federalist Society National Lawyers Convention annual dinner featuring Justice Thomas last night. Justice Thomas was the attraction who drew a packed house of more than 1,300 justices, judges, attorneys and law students, and he just about brought down the house. Responding to questions put to him by Seventh Circuit Judge Diane Sykes, Justice Thomas told a deeply American story. He ranged »

Breaking News: Supreme Court to Review EPA Climate Rules

Featured image The Supreme Court has today granted cert to review the EPA’s greenhouse gas rules.  This is highly significant.  The  high court clearly botched the last global warming case, Massachusetts v. EPA, back in 2007.  Maybe they’ll correct themselves. My rabbi in these legal tangles, Jonathan Adler of Case Western University law school and the Volokh Conspiracy, comments: This is quite significant. Although the grant is limited, it focuses on one »

Where is the Constitution?

Featured image Today is Constitution Day, as set in federal law. I didn’t know that — I didn’t know we had such a day — until reading the column in honor of the day by Professor Wilfred McClay, published here in the Oklahoman over the weekend. Professor James Ceaser also observes the day in “Celebrating Madison in Jefferson country.” As befits a historian, Professor McClay stepped back to explain the designation of »

Ed Corsi’s life of political crime

Featured image The First Amendment protects the right of Americans to publish their political views against infringement by Congress. On this point the constitutional language is about as clear as language can be made. Yet the Supreme has hemmed and hawed and created purported exceptions that threaten to swallow the rule. Brad Smith brings us the latest case study in the tyranny licensed by the Supreme Court. Consider the case of Ed »

Justice Ginsburg’s misinformed rant

Featured image Liberal hacks love to accuse conservative jurists of “judicial activism.” So we shouldn’t be surprised that Justice Ruth Bader Ginsburg made that claim in an interview with the New York Times. “If it’s measured in terms of readiness to overturn legislation, this is one of the most activist courts in history,” Ginsburg declared. The extent to which a court overturns legislation and precedent is one way — but not the »

Will Texas be “bailed in”?

Featured image The Justice Department is planning to institute legal action in a string of voting rights cases across the nation. As part of this campaign, Eric Holder says the government will ask a federal court in Texas to “subject the State of Texas to a preclearance regime similar to the one required by Section 5 of the Voting Rights Act.” But wait! The Supreme Court just ruled that the formula in »

Did Koontz Case Doom Obama’s “Environmental Justice” Agenda?

Featured image One of the lesser-noted decisions that the Supreme Court handed down in its June term was Koontz v. St. Johns River Water Management District. Koontz applied for a permit to develop a portion of a small parcel of land that he owned in Florida, and offered a remediation plan to offset the effect of the development on wetlands on his property. The Water Management District rejected Koontz’s plan and said »

House of Cards of Windsor

Featured image Justice Scalia registered a stinging dissent in the Windsor case, in which the Supreme Court invalidated the Defense of Marriage Act on grounds that–to be polite–are opaque. My old friend Larry Tribe, now the Left’s favorite constitutional scholar, took Scalia to task. And George Mason’s Michael Greve unloaded on Tribe with both barrels. You won’t see better pyrotechnics until the day after tomorrow. You really should read it all, but »

There’s no modesty, judicial or literary, in Justice Kennedy

Featured image Justice Anthony Kennedy recently developed and distributed a list of recommended readings for young people. He called it “Understanding Freedom’s Heritage: How to Keep and Defend Liberty.” Here are the items Kennedy selected: Sophocles, Antigone (Antigone’s plea to Creon) (442 B.C.) Pericles, Funeral Oration (431 B.C.) Plato, The Allegory of the Cave The Republic, (Book VII) (c. 380 B.C.) Cicero, First Oration Against Catiline (63 B.C.) Magna Carta (Articles 39 »

Will there be future challenges to race-based admissions policies?

Featured image In response to this week’s Supreme Court’s decision that raised the legal standards race-based preferential admissions policy must meet in order to survive judicial scrutiny, I suggested, facetiously, that I might come out of retirement to litigate such cases. But this assumes that rejected white applicants will bring suits against universities they believe have discriminated against them. Stuart Taylor does not believe they will. Neither does David Bernstein. After all, »