Supreme Court

Speaking of fraud

Featured image Krazy-Eyez Killa Jack Smith and his superiors have elicited an indictment of President Trump that leads with a charge of conspiracy to defraud the United States. Andrew McCarthy addresses the Supreme Court case law that belies this charge in “Anti-indictment and pro editorial” (supporting NR’s editorial “This Trump indictment shouldn’t stand,” both behind NRO’s paywall). Not having followed Supreme Court cases beside the ones we have discussed on Power Line, »

About That “Color-Blind Constitution”

Featured image Alan Dershowitz struggles mightily yesterday in the Wall Street Journal to persuade us that Earl Warren would have been wholly in favor of the Harvard/UNC decision banning admissions by race based on the equal protection clause of the 14th Amendment. As much as we may welcome Dershowitz’s continuing defection from the left, this article is not persuasive. To the contrary, the mistakes of the Warren Court contributed significantly to the »

Blacks Are OK With Harvard, UNC Decisions

Featured image Black “leaders” and their white liberal allies masters are outraged by the Supreme Court’s Harvard and UNC decisions, but this Economist/YouGov poll indicates that more blacks support the decisions than not: Do you approve or disapprove of Supreme Court's ruling on affirmative action? White: 65% approve, 23% disapproveHispanics: 45%-30%Blacks: 43%-36% Both sexes, all races, every age group, every level of income. All reject race-based governance. — Richard Hanania »

A Jackson “Clarification”

Featured image Justice Ketanji Brown Jackson dissented in the UNC race discrimination case. Her dissent was a political screed, not a legal argument, and it contained at least one howler that we and many others pointed out. Jackson argued that universities need to discriminate in favor of blacks so that there will be more black doctors. Why? Jackson wrote: For high-risk black newborns, having a black physician more than doubles the likelihood »

Celebrating Justice Thomas (3)

Featured image Justice Thomas is the greatest Supreme Court justice of the modern era. His concurrence in SFFA v. Harvard is a kind of capstone, but it represents only one area in which Justice Thomas has sought to rectify and deepen the Court’s constitutional jurisprudence. William Wolfe’s tweet below expresses my feeling perfectly. Thank you, Justice Thomas. »

Celebrating Justice Thomas (2)

Featured image We continue our celebration of Justice Thomas today with a video clip from Michael Pack’s 2020 documentary Created Equal: Clarence Thomas In His Own Words. In this clip Justice Thomas recalls his confrontation with then Senate Judiciary Committee Chairman Joe Biden. Biden wasn’t smart then, but this clip makes Biden’s senescent decline manifest. It also gives us a glimpse of Justice Thomas’s wit and wisdom. Quotable quote (Justice Thomas reflecting »

Celebrating Justice Thomas

Featured image With his glorious concurrence in SFFA v. Harvard, today has become a day to salute Justice Clarence Thomas, or so it seems to me. Here is a man who has thought his own way through to a true understanding of the principle of equality that we celebrate today. Justice Thomas’s concurrence in part smacks down Justice Ketanji Brown Jackson’s dissent. Justice Jackson’s dissent faithfully represents the groupthink denying the equality »

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 »