Supreme Court

Justice Ginsburg’s Health a Latent Issue

Featured image Justice Ruth Bader Ginsburg is again experiencing health problems, although they are being portrayed as not serious. Adam Liptak of the New York Times is nevertheless worried: Justice Ruth Bader Ginsburg was admitted to Johns Hopkins Hospital in Baltimore on Friday night after experiencing chills and fever earlier in the day, a Supreme Court spokeswoman said on Saturday. *** Justice Ginsburg, 86, has had a series of health scares lately, »

DACA’s day in court

Featured image The Supreme Court heard oral argument today in the case challenging President Trump’s decision to shut down the DACA program, established by President Obama, that allows undocumented young adults who came to the United States as children to apply for protection from deportation. Obama had said that, because he is not a king, he lacked the power to institute this kind of program. Frustrated, though, by Congress’s inactivity, Obama eventually »

Title VII, gay rights, and Justice Gorsuch

Featured image I once heard Jonah Goldberg talk about a book in which multiple conservative and multiple liberal authors were asked to write whatever they wanted to about politics and political theory. As Goldberg told the story (or at least as I remember it), the conservative authors collectively presented an array of theoretical musings (libertarian, social conservative, natural law based, etc.). The liberal authors all wrote about how Democrats could win the »

Navigate this

Featured image The Washington Post declares, in the headline to a paper edition article, that Chief Justice Roberts “must navigate a highly divisive docket as 2020 campaign rages.” I didn’t realize it was the Chief Justice’s job to “navigate” a docket or to worry about political campaigns. I thought it was his job, along with that of his colleagues, to reach correct conclusions about the merits of each case on the Court’s »

Does the 1964 Civil Rights Act ban discrimination based on sexual orientation?

Featured image Tomorrow, the Supreme Court will hear oral argument in a case where the issue is whether the ban on discrimination because of sex contained in Title VII of the Civil Rights Act of 1964 encompasses discrimination on the basis of sexual orientation. George Will considers the matter in his latest column (the title of which, in the online edition, misstates his argument, I think). Will concludes that discriminating against someone »

The fiction of non-partisan judges and Justices

Featured image In a talk at Brigham Young University, Justice Neil Gorsuch denied that the Supreme Court is split along partisan lines. Chief Justice Roberts has made a similar denial. He disputes the idea that there are Obama judges and Trump judges. Amy Coney Barrett, a conservative jurist who would like to join Gorsuch on Roberts on the Supreme Court, has echoed the Chief Justice’s view. At a conference at the College »

Gut check, Part Two

Featured image The New York Times reporters who revived claims of sexual misconduct by Brett Kavanaugh when he was a teenager apparently have been unable to present new evidence in support of Christine Blasey Ford’s sexual assault allegation. They assure us, however, that their “gut reaction” is that Blasey Ford’s story rings true. But that’s not the gut reaction of Blasey Ford’s lifelong friend, Leland Keyser. Blasey Ford says that Keyser was »

Democrats Haven’t Given Up On Smearing Kavanaugh

Featured image Those who take such things seriously are abuzz about a book that will come out on Tuesday, written by a couple of New York Times reporters activists. It alleges that decades ago, when he was in college, Brett Kavanaugh misbehaved at a party. As I understand it, the woman toward whom he allegedly misbehaved says she remembers no such thing, but apparently one or more rabid Democrats who say they »

The Liberal Supreme Court Bloc Stands Firm

Featured image Liberals constantly worry about conservative domination of the Supreme Court. Would that it were true: the Court’s conservatives have long been a diverse bunch, and, unlike the liberals, they have never formed a consistent voting bloc. I have sometimes wondered whether Democratic nominees go through a secret ceremony in which they pledge to vote the Democratic Party line in any case where the party demands their vote. Probably not, I »

The ordeal of RBG

Featured image Is it possible for Democrats and their media adjunct to go even crazier than they are now? Any imminent threat to the health of Justice Ginsburg would probably put the question to to a test. Michael Moore is symptomatic of the aggravated threat to the mental health of the left posed by such a threat. Moore’s barbaric yawp was elicited by the Supreme Court brief and somewhat cryptic statement yesterday »

The Power Line Show, Ep. 136: From Ukraine to the Border, with Our Female All-Stars

Featured image I’m posting up our podcast early this week, as I thought might be traveling overseas tomorrow on a sudden mission, but instead a bad back is likely going to keep me immobile. In any case, by popular demand from listeners, this special edition of the Power Line Show features both Kelly Jane Torrance of the Washington Examiner and “Lucretia,” Power Line’s International Woman of Mystery. Kelly Jane is just back from »

Did Trump “choke” when he nominated Kavanaugh?

Featured image During the Republican presidential debates in 2015-16, Donald Trump attacked Ted Cruz for strongly backing the nomination of John Roberts to the Supreme Court. Cruz responded that Roberts was not his preferred nominee — Michael Luttig was — but that he did support the nomination once President Bush tapped Roberts. Given Trump’s attack on Cruz, and on George W. Bush, it’s fair to ask how Trump’s two nominees — Justices »

Scenes from the Progressive Freakout (1)

Featured image It’s a really tough time to be a liberal Progressive. One bit of evidence appears right now in The New Yorker, where Harvard Law professor Jeannie Suk Gersen worries that the Supreme Court might actually rein in the administrative state. This, she assures us, would produce a “parade of horrors” (actual quote). Let’s start with this passage: For the better part of a century, the Court has permitted Congress to delegate »

The citizenship question

Featured image You may not want to understand the Supreme Court’s June 27 decision essentially nixing the Trump administration’s effort to include a citizenship question on the 2020 Census. You may not want to know where the Supreme Court derives the authority to weigh in on this issue. You may rather want to know how such a fundamental question ever came to be omitted from the Census in the first place. The »

The Power Line Show, Ep. 130: The Cuyahoga On Fire, 50 Years Later, with Jonathan Adler

Featured image Tomorrow marks the 50th anniversary of one of the iconic moments of modern environmental history—the infamous Cuyahoga River fire in Cleveland. Things were so bad, the legend goes, that rivers were catching fire! But most of what you think you know about that story is incomplete or inaccurate, argues Jonathan H. Adler, the Johan Verheij Professor of Law at Case Western Reserve University School of Law. In a now-famous article, »

A Blow For Religious Freedom?

Featured image Today the U.S. Supreme Court decided American Legion et al. v. American Humanist Assn. et al., a case arising out of an effort by an atheist group to force the destruction of a monument to local residents killed in World War I. The monument, erected in 1918 in Prince George’s County, Maryland, on land that is now public, included the shape of a Latin cross. Therefore, the Humanist Association argued, »

Conservative Justices divide in case upholding Virginia’s ban on uranium mining

Featured image Last year, I wrote about the case of Virginia Uranium, Inc. v. Warren, which the Supreme Court had just agreed to hear. The issue was whether the Atomic Energy Act preempts a state law (a ban on uranium mining) that on its face regulates an activity within its jurisdiction (uranium mining), but has the purpose and effect of regulating the radiological safety hazards of activities entrusted to the Nuclear Regulatory »