Supreme Court

Trump denounces another of his key appointees

Featured image Donald Trump unloaded on Brett Kavanaugh during an interview with Michael Wolff, an anti-Trump author who has published a book about the final days of Trump’s presidency. Wolff isn’t the most trustworthy reporter around, but Trump’s criticism of Kavanaugh is in keeping with his attacks on other of his nominees and selections. In addition, some of Trump’s criticism of his nominee is valid. According to Wolff, Trump said this about »

Biden bellyaches about Arizona voting case despite not having opposed the result

Featured image The Supreme Court’s decision upholding two Arizona voting provisions has brought a sharp rebuke from the White House. Joe Biden issued a statement that begins, “I am deeply disappointed in today’s decision by the United States Supreme Court that undercuts the Voting Rights Act, and upholds what Justice Kagan called ‘a significant race-based disparity in voting opportunities.’” The Department of Justice issued a separate statement on the decision. It promises »

Finally—The Court as It Should Be!

Featured image The current term of the Supreme Court has delivered a lot “huh???” moments, with the Court botching cases, dodging cases, and yielding a lot of decisions with very strange splits among the justices with little or no ideological clarity. But as Paul noted earlier, today we finally got two major rulings against leftist totems by the 6 – 3 split we’ve long been promised—on voting rights/safeguarding ballot integrity, and protecting donors »

Supreme Court Foils Democrats’ Attack on Conservative Nonprofits

Featured image The second case decided by the Supreme Court today was Americans for Prosperity Foundation v. Bonta. The case arises out of an initiative by Kamala Harris, when she was California’s Attorney General, to force nonprofits to disclose to the state the identities of their major donors. Schedule B to [IRS] Form 990—the document that gives rise to the present dispute—requires organizations to disclose the names and addresses of their major »

Supreme Court delivers major blow to Dems’ campaign against state election laws

Featured image On the last day before its summer recess, the Supreme Court upheld two Arizona voting provisions that Democrats and civil rights groups challenged as disproportionately burdening minority voters. The vote was 6-3, with only the three hardcore liberals dissenting. Justice Alito wrote the opinion. That’s always a great sign. Amy Howe at Scotusblog observes that the decision “will make it more difficult to contest election regulations under the Voting Rights »

Another botched Republican Supreme Court nomination?

Featured image I fear that Justice Kavanaugh is on his way to becoming another Chief Justice Roberts, but without the years of quality conservative jurisprudence Roberts produced before he “grew in office” into his current, more moderate incarnation. Kavanaugh appears to have been almost fully “grown” before he took office. Today, Kavanaugh joined Roberts and the Court’s three liberals in a ruling that keeps in place the federal eviction moratorium. Kavanaugh voted »

Supreme Court declines to review transgender bathroom case

Featured image Today, the Supreme Court denied the school board’s cert petition in Gloucester County School Board v. Grimm. That’s the case in which the Fourth Circuit ruled that the board violated the Equal Protection and Title IX rights of a female who identified as male when it assigned multi-user restrooms on the basis of sex and made single-user restrooms available to all students. Only Justices Thomas and Alito dissented from the »

Are College Sports Doomed?

Featured image Today the U.S. Supreme Court decided an antitrust case, National Collegiate Athletic Association v. Alston, on a 9-0 vote. In its opinion, the Court rejected the NCAA’s appeal of a 9th Circuit decision that invalidated the NCAA’s restrictions on colleges’ education-related benefits for athletes. Some are interpreting the decision, and especially Justice Kavanaugh’s concurring opinion, as representing a sort of death knell for the NCAA, a view that I think »

The stench of raw politics at the Biden DOJ

Featured image This week, the Supreme Court ruled unanimously that a crack offender is eligible for a sentence reduction under the First Step Act only if convicted of a crack offense that triggered a mandatory minimum sentence. Even Justice Sotomayor agreed with this result. It was a no-brainer. Yet, the Biden Justice Department refused to defend this result after it was reached at the court of appeals level. It went so far »

Supreme Court asks Biden DOJ for views on Harvard discrimination case

Featured image Instead of granting the petition to hear Students for Fair Admissions vs. Harvard, the Supreme Court has asked the U.S. Solicitor General (in this case, the acting one) for her views on the matter. There’s no doubt as to what the Biden Justice Department thinks about Harvard’s policy of granting extreme race-based preferences to Blacks and Latinos at the expense of Asian-Americans and Whites. Nor is there any doubt as »

How much longer will the Grutter racial preferences regime last?

Featured image The U.S. Supreme Court has before it a petition for certiorari in the race discrimination suit brought by Asian-American students against Harvard. I hope the Court agrees to hear the case. If the Court doesn’t, it will be a while before another opportunity arises to review the issue of race-based preferences in college admissions. By that time, the Court’s composition might not be as conservative as it is now. In »

In 1991, Two Great Americans Came Together

Featured image President George H. W. Bush nominated Judge Clarence Thomas to the Supreme Court in July 1991. It turned out to be one of the most consequential things Bush did during his four years in office. To the Democrats, Thomas, a black conservative, was anathema, and they did everything they could to defeat his nomination. They trotted out Anita Hill, a former protege of Thomas, to give false testimony against him. »

Why the Supreme Court should hear the Harvard case

Featured image We are writing with unfortunate frequency about the spread of the racial spoils system in the U.S. That system first took hold in college admissions policies. The Supreme Court could have stopped it in its tracks, but declined early on to do so. Since then, it has continued to tolerate blatant racial discrimination against Whites and Asian-Americans. Now, the Supreme Court has the opportunity to address the problem it helped »

Supreme Court to review major abortion case

Featured image The U.S. Supreme Court has granted the state of Mississippi’s certiorari petition in the case of Dobbs v. Jackson Women’s Health Organization. The petition concerns Mississippi’s Gestational Age Act, enacted in 2018, which allows abortions after 15 weeks of gestational age only in medical emergencies or in instances of severe fetal abnormality. The question the Court agreed to review is: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” The »

Is Brett Kavanaugh out for revenge? [With Comment by John]

Featured image That’s the title of this article in the Atlantic by McKay Coppins. If Kavanaugh is out for revenge, it would be understandable given the way Democrats and others on the left treated him. It would be even more understandable if Kavanaugh reads Coppins’ insulting, condescending attempt to psychoanalyze him. I recommend skipping the first part of the article — the stuff about “young Kavanaugh” and “suburban Kavanaugh.” However, I think »

Supreme Court hears case on student speech rights in the social media age

Featured image On Tuesday, I wrote about Mahanoy Area School District v. B.L., the high school free speech case the Supreme Court was about to hear. The Court heard the case yesterday. You can listen to the oral argument here. It was a lively affair, as well it should have been given the tricky questions involved, and was well argued on both sides. The Court seemed sympathetic to B.L. who was suspended »

Supreme Court set to hear major student speech rights case

Featured image Tomorrow, the Supreme Court will hear the case of Mahanoy Area School District v. B.L. Brandi Levy (B.L.) is a high school student who, after failing to make the varsity cheerleading team, went on social media to post a picture of herself raising her middle finger under the caption “F*** school f*** softball f*** cheer f*** everything.” The school suspended B.L. from junior varsity cheerleading. It found that she had »