Supreme Court

Will the Supreme Court Dismantle the Administrative State?

Featured image As I have written more than once, the government we live under is not the one described in the Constitution. The ubiquitous and powerful arm of our government, found nowhere in the Constitution, is the Fourth Branch, the plethora of federal agencies, the administrative state. The administrative state has assumed much of the power that the Constitution assigns to the legislative and executive branches, a development that has progressed now »

She Can’t Do Arithmetic, Either

Featured image In the post just below, Steve notes that the liberal media are trying to make some kind of hero out of new Justice Ketanji Brown Jackson. Good luck with that: based on what we have seen so far, I would assess her as incompetent. Her dissent in the UNC race discrimination case was awful. It was one long political screed, devoid of legal argument and oblivious to the standards (the »

Impeach Justices? Sure, Go Ahead

Featured image Alexandria Ocasio-Cortez says Democrats should take action so they can get back to getting Supreme Court decisions they approve of. How might they do that? Investigate justices (conservative only) for bogus “conflicts of interest,” for one. Impeachment for another: “There also must be impeachment on the table.” Not sure how that is going to happen with Republicans controlling the House, but practicality has never been a concern for AOC. The »

Don’t forgive this!

Featured image FOX 9 is the Twin Cities Fox affiliate. Via Twitter, I see that it has gone deep on the Supreme Court case holding that President Biden lacked the authority to forgive some $430 billion in student debt with the wave of a pen. FOX 9’s Corin Hoggard covers the “story” “Burden of student debt heavier for minorities after Supreme Court ruling.” Hoggard overlooks the constitutional issue addressed by the Court »

Liberals Beclown Themselves in Reaction to SCOTUS Decisions

Featured image Liberal reactions to the high profile decisions from the U.S. Supreme Court this week read like a parody account. On Thursday, the Court dealt a blow to affirmative action by invalidating race-based college admissions programs in favor of a merit-based system and the responses from many on the left were downright racist. Rev. Al Sharpton said the decision was “tantamount to sticking a dagger in our back.” He’s saying that blacks »

Andrew Kull: The affirmative action cases

Featured image After posting my own brief comments on the Supreme Court’s historic decision in the affirmative action cases on Thursday, I wrote Professor Andrew Kull. Professor Kull is Distinguished Senior Lecturer at the University of Texas at Austin School of Law and the author of The Color-Blind Constitution. I told him I had been drawing on CBC for something like 20 years to write about the “affirmative action” regime and that »

Supreme Court Defends Freedom of Speech

Featured image Along with its more remarked-upon cases on affirmative action and student loan forgiveness, the Supreme Court decided this morning the case of 303 Creative LLC v. Elenis. 303 Creative is an important First Amendment case, following in the footsteps of Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. and other precedents. The case arose out of a declaratory judgment action by a web site designer who creates »

Is Abortion Over As an Issue?

Featured image Rasmussen has some interesting data on that question. First, the good news: most people agree with the Dobbs decision: One year after the Supreme Court overturned the 1973 Roe v. Wade ruling, so that each state can now determine its own laws regarding abortion, a majority of voters approve the decision. The latest Rasmussen Reports national telephone and online survey finds that 52% of Likely U.S. Voters approve of the »

Joey Mumbles does college admissions

Featured image Within an hour of the release of the Supreme Court decision in the “affirmative action” cases yesterday, President Biden stepped forth with his pitty-pat steps to mumble his disparagement of it. The White House has posted the transcript of his halting remarks here. Biden spoke about the effects of the “affirmative action” regime with the confidence of a guidance counselor, but not the candor. On that point, he regurgitated the »

Thoughts on Today’s Decision

Featured image Scott and Steve have already commented on today’s historic Supreme Court decision, finding that both Harvard and the University of North Carolina have engaged in illegal race discrimination through their affirmative action policies. I will add a few observations, which perhaps will be supplemented when I have had time to read all of the opinions. * The Grutter decision has always been an anomaly. It expressed considerable distaste for affirmative »

Supreme Court Finally Strikes Down Race-Based Admissions

Featured image The Supreme Court’s long expected ruling on the Harvard and University of North Carolina race-based admissions practices was just released. A 6-3 vote, along predictable lines, backs up Chief Justice John Roberts’s very strong opinion, which relies on the equal protection clause of the 14th Amendment. I’m still making my way through the concurrences (Thomas decided to write a long concurrence giving the originalist ground for the ruling, as well »

The time has come today

Featured image The subject of what goes under the shibboleth of “affirmative action” is both close to my heart and one about which I have frequently written, usually drawing on Andrew Kull’s legal history The Color-Blind Constitution. Published by Harvard University Press in 1998, it remains a terrific book. If Kull updated it to take cases of the past 25 years into account, he would have a story with a somewhat happier »

The Democrats’ Attack on the Supreme Court

Featured image The Supreme Court has suddenly become controversial. “Supreme Court approval rating declines amid controversy,” headlines CNN. “What the Justice Clarence Thomas Scandal says about ethics on the Supreme Court,” opines NPR. “US Supreme Court Alito Ethics Controversy Spotlights Unchecked Power of Justices,” says Bloomberg. The list could go on and on. Why is the Court suddenly controversial? Obviously because it is, at the moment, in the hands of relatively conservative »

Geraldine Tyler’s (good) day in court

Featured image I covered the Supreme Court oral argument in Geraldine Tyler v. Hennepin County last month in “Geraldine Tyler’s day in court.” The following week I stepped back for a broader view of the case in “Argumentum interruptum — live on FOX News!” In the latter post I wrote (link omitted): Ms. Tyler lost in the district court and on appeal because the courts felt bound to apply the 1956 Supreme »

Planned Parenthood vs. The Supreme Court

Featured image The President and CEO of Planned Parenthood, Alexis McGill Johnson, called for packing the Supreme Court and other “judicial reforms” in an interview with Jen Psaki on MSNBC: During an appearance on MSNBC’s “Inside with Jen Psaki,” McGill Johnson told host Jen Psaki that the reason why she’s calling for changes to the nation’s court system is due to recent attacks “on our democratic rights and our democratic freedoms.” This »

The Sotomayor exception

Featured image Paul Gigot writes in the Wall Street Journal’s morning editorial report email today: Democrats and progressives now dominate nearly every leading political and cultural institution in America. The most important exception is the U.S. Supreme Court, which after many decades finally has a majority of originalist Justices. This is proving to be intolerable to Democrats and the press corps, which are unleashing a furious political attack on the current Court, »

In defense of Justice Thomas

Featured image Mark Paoletta, a self-described friend of Justice Thomas, has posted the statement immediately below in response to the latest ProPublica hit piece on the justice headlined “Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition.” The subhead of ProPublica’s story features a quote from Richard Painter, the University of Minnesota clown whom I have written about many times before. Paoletta’s statement is accessible via Twitter. I »