Supreme Court

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 »

Dobbs Drops, Roe Overturned

Featured image The Supreme Court released its opinions in the Dobbs case this morning. Consistent with the leaked draft by Justice Alito, it overrules the Roe and Casey decisions. You can read the opinions here. I haven’t had time yet to review Alito’s majority opinion to see how closely it conforms to what was leaked. The vote was 6-3, with Chief Justice Roberts concurring in the result. He would have upheld the »

Supreme Court Case Prompts Anti-Religious Bigotry [Updated]

Featured image On Tuesday, the Supreme Court decided Carson v. Makin on a 6-3 vote, with the liberal bloc dissenting. The case related to a program in Maine, whereby the state will pay for specified educational alternatives for parents who live in districts where there is no secondary school. Public and private schools are eligible as long as they are accredited and meet other requirements, except that only “nonsectarian” schools can participate. »

Supreme Court Upholds Gun Rights

Featured image Today the Supreme Court decided New York State Rifle & Pistol Association v. Bruen, a challenge to a New York State law that barred residents from obtaining a carry permit unless they could show “proper cause.” Proper cause, in turn, required the applicant to “demonstrate a special need for self-protection distinguishable from that of the general community.” Under the Court’s controlling precedents, Heller and McDonald, I think the New York »

Democrats Put Out a Contract on Justice Barrett [Updated]

Featured image Would-be assassin Nicholas Roske failed to carry out his mission of assassinating Supreme Court Justice Brett Kavanaugh. This isn’t surprising: the sort of person who acts on incitement from the likes of Chuck Schumer is more or less deranged, and more or less incompetent. Yet there are more where Roske came from, and one of them may succeed. What do the Democrats think about attempted assassinations of Supreme Court justices? »

Dear Dean McGeveran

Featured image I’m scheduled to have another lunch with my conservative attorney friend next week. We were in law school together at the University of Minnesota and crossed paths in the course of our practices. I now seek to persuade him that the law school has become an enemy of everything we believe in and that it would make sense to reconsider his support. Following up on our last lunch on the »

More On the Would-Be Assassin

Featured image The man who traveled to Maryland to try to kill Justice Brett Kavanaugh has been identified as Nicholas John Roske, from Simi Valley, California. He apparently made it to Justice Kavanaugh’s house before being apprehended: Nicholas John Roske, 26, of Simi Valley, Calif., was charged with attempted murder after two U.S. deputy marshals saw him step out of a taxicab in front of the justice’s house in Chevy Chase, Md., »

Are the Democrats to Blame? [Updated]

Featured image The Democrats should be held accountable for last night’s attempt on the life of Justice Brett Kavanaugh. Most notably, of course, Chuck Schumer issued a fatwa against Kavanaugh and Justice Neil Gorsuch, which last night’s would-be assassin apparently attempted to execute. But that’s not all. The GOP’s communications staff reminds us of the Democrats’ shameful history of encouraging violence against conservative Supreme Court justices: A man was just arrested outside »

The Schumer fatwa

Featured image It seems like a timely moment to review the threats of then Democratic Senate Minority Leader — now Democratic Senate Majority Leader — aimed specifically at Justices Kavanaugh et al. in a March 2020 tirade on the steps of the Supreme Court (video below). What a sinister lowlife he is. Do you suppose anyone in the mainstream media will be asking him to take a look back today? Schumer means »

Kavanaugh Threatened by Gunman [Updated]

Featured image The Democrats smeared Brett Kavanaugh as, among other things, a rapist at his Supreme Court confirmation hearing. They knew their assertions were false but made them anyway. Next, liberals published Kavanaugh’s home address along with those of other Supreme Court justices so that mobs could threaten them. Democratic officeholders did not object to this tactic. Such actions have consequences. Today a man armed with at least one weapon and burglary »

Feel Good Headline of the Week

Featured image June is when the Supreme Court hands down its rulings on the most controversial cases of the term. This month in addition to Dobbs, we await rulings on a key gun rights case, and a case that may pare back the Administrative State. And thus we get to savor this liberal-tears delicious New Republic headline: Gives you the kind of warm fuzzy feeling you usually rely on whisky to deliver. »

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 »