Supreme Court

On Dobbs leak, the Court is silent

Featured image The status of the investigation ordered by Chief Justice Roberts following the leak of Justice Alito’s Dobbs opinion to Politico remains shrouded in mystery. The AP reports that the Supreme Court is resting on its right to remain silent: The Supreme Court won’t say whether it’s still investigating. The court also won’t say whether the leaker has been identified or whether anyone has been disciplined. Or whether an outside law »

Flashback—Leftist Rage About the Supreme Court

Featured image Cast your mind back to 2016 for a moment, when it seemed a lock that Hillary Clinton would win the election, and nominate a leftist to succeed Justice Scalia. (Remember that Hillary refused to commit to re-sending the nomination of Merrick Garland—a clear signal to progressives that she’s pick someone younger and more progressive.) Mark Tushnet, one of the leading leftists at Harvard Law School, let loose with his id »

Protests, Theirs and Ours

Featured image The Left has a rather schizophrenic attitude toward protests and demonstrations. Some are wonderful, like the George Floyd riots, which were not, in fact, protests at all. Or like arson and other destruction committed at pro-life facilities. Others are detestable, like the Dutch farmers’ protests, or the French “yellow vests,” or the Canadian truckers. Some protests, too, can only be ignored, like when hundreds of thousands of pro-life citizens show »

The Morton’s backlash

Featured image I expressed admiration for Morton’s statement condemning the harassment of Justice Kavanaugh at the steakhouse chain’s downtown D.C. restaurant on Wednesday evening. Politico Playbook had sought and published Morton’s statement (quoted in the linked post) in its account of the events. Morton’s must of course be punished for speaking up on behalf of its customers (and its business). I observed that the Playbookers seemed to think the whole thing was »

Morton’s speaks up

Featured image The harassment of conservative Supreme Court justices manifested at Morton’s in the District of Columbia on Wednesday evening. While Justice Kavanaugh ate dinner at the downtown steakhouse, protesters were tipped to his presence. The protesters showed up out front, called the Morton’s manager to tell him to kick Justice Kavanaugh out, and later tweeted that the justice was forced to exit through the rear of the restaurant. In response to »

Abolish the Supreme Court?

Featured image Liberals are gnashing their teeth over today’s decision by the Supreme Court in West Virginia v. EPA, in which the Court found that Congress has not delegated to the EPA power to reduce CO2 emissions by rearranging the country’s electricity producing system. The case, and the Left’s reaction to it, have several interesting features. First, the Court has erected a barrier, at least in this instance, against the seemingly inexorable »

Breaking: Supreme Court Slaps Down the EPA, Punts on Immigration

Featured image The Supreme Court closed out its current term this morning with yet another significant victory for the cause of limited government, ruling in West Virginia v. EPA that the EPA could not treat the Clean Air Act as a writ to do anything it wants to America’s electric utility sector. Chief Justice Roberts wrote the opinion for a 6 – 3 majority (guess who the three dissenters are), and on »

Roberts rules

Featured image Can the left amp up the hysteria past 11 to 12 or 13? The Supreme Court ruled against the EPA this morning in a 6-3 decision written by Chief Justice Roberts. The case is West Virginia v. EPA. Politico offers this brief summary: The Supreme Court dealt a major blow to President Joe Biden’s climate strategy, ruling that the Environmental Protection Agency has only limited authority to regulate carbon dioxide »

The Times Misrepresents Abortion and the Court

Featured image Abortion hysteria has overtaken the New York Times–not that hysteria is foreign to the former Gray Lady these days. This story by Carl Hulse isn’t news, it isn’t even an op-ed. It is a liberal’s temper tantrum. Hulse’s point is to blame Mitch McConnell for recent Supreme Court decisions with which he disagrees: “Mitch McConnell’s Court Delivers.” In the course of his screed, Hulse repeatedly gets the facts wrong. Most »

Not Tired of Winning

Featured image Trump said in 2016 that we’d get tired of all the winning, but I don’t think I can ever get tired of the clean sweep coming from the Supreme Court lately (with a nod toward an excellent decision also out today from New York’s appellate courts). The biggest win today is Kennedy v. Bremerton School District, in which the Court ruled by a 6 – 3 margin (familiar number by now) »

Distant Thunder On the Supreme Court

Featured image We are coming off one of the greatest weeks in the history of the U.S. Supreme Court. And yet, a largely unreported dissent by Justice Clarence Thomas may be the harbinger of something important that is still to come. The case is Coral Ridge Ministries v. Southern Poverty Law Center, and the opinion by Justice Thomas, dissenting from a denial of a writ of certiorari, is the kind of thing »

The missing statesmanship

Featured image Chief Justice Roberts is a practitioner judicial statesmanship that is occasionally difficult for an outsider to understand. Most famously, Roberts switched his vote on the constitutionality of Obamacare in the face of President Obama’s intimidation. It was a sorry performance that invited more of the same from those for whom it’s all politics. In Dobbs, Roberts’s statesmanship resulted in an eccentric concurring opinion that none of his colleagues on either »

Alito alights on Bruen dissent

Featured image The day before the Supreme Court turned the world upside down and overruled Roe last week, it it held that the Second Amendment protects the right of law-abiding people to carry a gun outside the home for self-defense and that New York’s Sullivan law, which makes that virtually impossible for anyone but VIPs, was therefore unconstitutional. Justice Thomas wrote the opinion for the Court in New York State Rifle & »

Thomas’s Moment

Featured image Justice Clarence Thomas’s moment has arrived. His majority opinion in Bruen (the gun rights case), and his concurrence in Dobbs, are drawing considerable attention, and rightly so. Among many other virtues, his opinions have managed the dual feat of laying out serious legal and constitutional arguments while trolling the left at the same time. This may be my favorite passage in his Bruen majority opinion: After all, the Second Amendment »

A Dobbs Post Mortem, With Howie Carr

Featured image Howie Carr is one of America’s top radio personalities. He has the big talk show in New England, on which I appear occasionally as a guest. On Friday I was on the show to talk about the Dobbs ruling, and we also touched on the New York firearms decision. It made for an interesting conversation, I think. Here it is; my appearance begins the hour: »

Alighting on Alito

Featured image When some rotten insider at the Supreme Court leaked Justice Alito’s draft opinion in the Dobbs case last month, it reminded me of the invitation we had received from the editors of National Review to comment on the nomination of then Judge Alito to the Supreme Court by President Bush. Our article was published in the November 21 issue of the magazine that year. I dug it out and posted »

Thoughts on the Dobbs Decision

Featured image Here are some thoughts on today’s landmark Supreme Court decision, in no particular order: * It represents genuine courage. Politicians and others often pat themselves on the back for being “brave,” usually when nothing much is at stake. In this case, we had not just a maelstrom of hysteria but an actual assassination attempt, encouraged if not explicitly condoned by the Democratic Party. Yet five justices stood strong to uphold »