Supreme Court

A word from Justice Thomas

Featured image We posted the video of Justice Thomas’s interview with John Yoo here in its entirety over the weekend. The interview was conducted Friday evening conference at a conference sponsored by the American Enterprise Institute, the Manhattan Institute, and the Hoover Institution in Dallas. Now Townhall has clipped the video below from the interview. Justice Thomas’s concise comment on the performance of the press can stand alone as an eternal verity »

Justice Thomas on the leak

Featured image On Friday the great Justice Clarence Thomas was interviewed by our friend John Yoo at a conference sponsored by the American Enterprise Institute, the Manhattan Institute, and the Hoover Institution in Dallas. I have posted the C-SPAN video at the bottom. Professor Josh Blackman created a transcription of parts of the video and posted highlights with his own comments here on the Volokh Conspiracy’s current home base at Reason. First, »

Silence of the WH(ams), cont’d

Featured image Yesterday I noted that the thugs threatening Supreme Court justices at their homes this week seem to be an instrument of the Democratic Party. Last week I observed “The silence of the WH(ams)” — the White House and its media adjunct — regarding the thugs. Andrew McCarthy adds that their conduct violates federal criminal law, but that the Department of Justice remains inert on this point. Yesterday’s White House briefing »

“You will pay the price”

Featured image The thugs threatening Supreme Court justices at their homes this week seem to be an instrument of the Democratic Party. Perhaps we can go to Senate Majority Chuck Schumer to comment on the thugs in light of his own blunt March 2020 threat in this context: “You will pay the price.” Yes, let us take a look back at Schumer’s pharaohnic schumination in front of the Supreme Court — so »

Why Roe Was Not Robust

Featured image Consider the following language from Justice Alito’s draft opinion in the Dobbs case: On the basis of elements such as these, appellant and some amici argue that the woman’s right is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses. With this we do not agree. . . No wonder the left is freaking out that »

Plugging The Leaker

Featured image A lot of people, including Maria Bartiromo of Fox Business, think the person behind the leak of Justice Alito’s draft on Dobbs is going to be discovered or revealed very soon, apparently going on the assumption that the leak must have come from a clerk for one of the three liberal justices, and there are only 12 of them, so it shouldn’t be hard to figure out which one. I »

Silence of the WH(ams)

Featured image George Washington University Law School Professor Jonathan Turley has posted his Hill column on the leak of the draft Alito opinion in the Dodd case here at his own site. He discusses the erosion of traditional norms otherwise applicable to the Supreme Court. I don’t see Professor Turley engaging in both-sidesism here. He calls out Democrats and their allies among the Democrats’ media adjunct. In the Kavanaugh confirmation hearing the »

A word from Tim Kelly

Featured image My friend Tim Kelly gave up a student deferment at the University of Minnesota to enlist in the Army and serve as a platoon leader in Vietnam. When he returned from Vietnam he went to law school and then to clerk for Supreme Court Chief Justice Warren Burger before entering private practice in Minneapolis. Tim wrote me to comment on the events at the Court this week as he recalled »

Yoo too

Featured image Berkeley Law Professor John Yoo joined Notre Dame Law School professors Sherif Girgis and Carter Snead for a panel discussion focused on events at the Supreme Court this week. The panel was hosted yesterday by Vincent Phillip Muñoz of Notre Dame’s Center for Citizenship & Constitutional Government. Professors Yoo and Girgis are former Supreme Court law clerks. All of them know what they are talking about. This is therefore an »

Hysteria in the White House

Featured image Joe Biden and his minions have stoked the fires of hysteria following on the leak of a draft Supreme Court opinion in the Dobbs case. I haven’t been able to find an embeddable video, but Biden talked about the decision today: President Joe Biden delivered a sharp political speech from the White House on Wednesday warning of the “extreme” agenda from “MAGA” Republicans. “This MAGA crowd is really the most »

Then and Now

Featured image Two quotes for today: The seven-to-two judgment in Roe v. Wade declared “violative of the Due Process Clause of the Fourteenth Amendment” a Texas criminal abortion statute that intolerably shackled a woman’s autonomy; the Texas law “except[ed] from criminality only a life-saving procedure on behalf of the [pregnant woman].” Suppose the Court had stopped there, rightly declaring unconstitutional the most extreme brand of law in the nation, and had not gone on, as the Court did »

Good Question!

Featured image Via InstaPundit, a good question about the Supreme Court leak: Is the FBI going to raid the house of the Politico reporter who published the Alito opinion? Or is that just reserved for reporters who get Ashley Biden's diary? — Whispers of Dementia (@mgEyesOpen) May 3, 2022 Was leaking the draft opinion to Politico a crime? I don’t know. But one thing we can say for sure is that the »

Alighting on Alito

Featured image When Justice Alito was nominated to the Court by President Bush in 2005, the editors of National Review invited John and me to comment. Our article was published in the November 21 issue of the magazine that year. I thought it might be a timely moment to take a look back. This is what we had to say (below the break). * * * * * When the White House »

Chief Justice Orders an Investigation

Featured image Chief Justice Roberts has issued a statement on the leak: P.S. For those of you available at noon Eastern time (about 10 minutes from this writing), Notre Dame is having a “flash panel” about the Alito draft opinion that includes my frequent partner in crime John Yoo.  Here’s the Zoom link: SCOTT adds: It seems to me that the testimonial to the Court’s employees is out of place in »

Notes on Roe v. Wade

Featured image I was in law school when Roe v. Wade was decided. Pretty much everyone was shocked because it was such a terrible decision. Someone took a poll of law professors and, as I recall, 85% said they thought the decision was wrong. Roe has had a negative impact on both the Supreme Court and on American politics. It set the precedent for regarding the Constitution not as a document, but »

Notes on the leak

Featured image Commenting on the leak of Justice Alito’s draft opinion in Dobbs necessarily involves drawing inferences that go beyond the facts. My comments restate Steve Hayward’s observations in the adjacent post. These are the facts and inferences as I see them: • Justice Alito’s opinion was leaked to Politico’s Josh Gerstein. Alexander Ward’s byline is also on the Politico story, but Gerstein is the name I look to. He is a »

Astounding Leak from the Supreme Court

Featured image Liberals love to bleat on these days about how Republicans have been breaching “democratic norms,” but late today one of the most sacrosanct norms of our political order was breached: Someone leaked a draft Supreme Court opinion striking down Roe v. Wade and Planned Parenthood v. Casey in the pending case of Dobbs v. Jackson Women’s Health Association. The opinion, drafted by Justice Samuel Alito, is 98 pages long, and »