Supreme Court

How Serious Are Democrats About Packing the Court?

Featured image Expanding the Supreme Court so that Joe Biden can nominate two (or perhaps four) new leftists has been on the Democrats’ wish list since the 2020 election. But I don’t see how they can accomplish that objective, since it would require nullifying the filibuster, and it is hard to see either Joe Manchin or Kyrsten Sinema going along with that for such a radical purpose. Perhaps this is why Biden »

Supreme Court likely to reinstate death penalty for Boston Marathon bomber

Featured image Yesterday, the Supreme Court heard argument in the case of Dzhokar Tsarnaev, the Boston Marathon bomber. A jury sentenced Tsarnaev to death, but the liberal First Circuit Court of Appeals overturned that sentence. The Washington Post’s report is here. Bill Otis discusses the oral argument here. The Post infers from the Justices’ questions that the Court will overturn the First Circuit’s decision, thereby reinstating the death penalty. CNN sees it »

Mother Jones to the Left: Stop Jonesing About Brett Kavanaugh

Featured image Ever since the left had its collective freakout over the nomination of Brett Kavanaugh to the Supreme Court in 2018, there has been a persistent agitation on the left that there is some kind of financial corruption involving Kavanaugh. So it is significant that the high octane lefty magazine Mother Jones came out yesterday with a long feature debunking the left’s fever dreams entitled “Here’s the Truth About Brett Kavanaugh’s »

Apocalypse not yet

Featured image Last night the Supreme Court denied an application for stay of the strange new Texas abortion law by a 5-4 vote. The Court’s order came in Whole Woman’s Health v. Jackson with dissenting opinions by each of the four dissenting justices, Chief Justice Roberts foremost among them. The AP story by Jessica Gresko provides useful background on the statute. Politico Playbook includes a set of comments by Court-watcher Josh Gerstein »

Supreme Court blocks Biden’s eviction moratorium

Featured image The Supreme Court today blocked the Biden administration’s lawless moratorium on evictions. You can read the opinion and dissent here. Even if one believes that the moratorium constitutes good public policy, it seems beyond dispute that the executive branch lacks the power to mandate it. As the majority of Justices said in their unsigned opinion, “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.” Biden »

Supreme Court partially blocks New York’s eviction moratorium

Featured image New York’s COVID Emergency Eviction and Foreclosure Prevention Act says that if a tenant self-certifies his or her financial hardship, landlords generally cannot contest that certification in court. Instead, the tenant is free to remain in the property without paying rent. Today, the Supreme Court lifted this particular ban on evictions. The Court did not disturb the provision in the same law that instructs New York courts to entertain a »

Mississippi calls on Supreme Court to overrule Roe v. Wade and Casey

Featured image Next term, the Supreme Court will hear the case of Dobbs v. Jackson Women’s Health Organization. The issue is the constitutionality of Mississippi’s Gestational Age Act, which allows abortions after 15 weeks of gestational age only in medical emergencies or in instances of severe fetal abnormality. This week, Mississippi filed its brief on the merits. It calls on the Court to overturn its decisions in Roe v. Wade and Planned »

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 »