Supreme Court

Salmon Chase: Whodat?

Featured image In the last of the five stories that make up his third volume of stories about fictional alter ego Henry Bech, John Updike recounts the incredulous response to Bech’s receipt of the 1999 Nobel Prize for Literature. In Updike’s telling, the New York Daily News runs a story with the headline “BECH? WHODAT???” That doesn’t quite apply to former Supreme Court Chief Justice Salmon Chase, but we should know him »

“Let Me See Your Shoe”

Featured image “Let me see your shoe.” “Huh?” “Let me see your shoe!” “Why?” “Because I have never seen anybody put their shoe that far up a guy’s ass.” That’s my favorite line of dialogue from the closing scene of Inside Man, a 2006 bank-robbery thriller starring Denzel Washington and Chiwetel Ejiofor (in the scene quoted), along with Clive Owen, Christopher Plummer, and Jodie Foster. (Clip at the end of this post: »

Trump will be on the ballot

Featured image I just finished listening to the oral argument held before the Supreme Court this morning in Trump v. Anderson. It went on for a little over two hours. The oral argument as a whole was conducted at an extremely high level. My take is that the Court will reverse the decision of the Colorado Supreme Court and that President Trump will not be disqualified from the ballot under section 3 »

In the Supreme Court this morning [With Comment by John]

Featured image The Supreme Court hears oral argument in the Colorado ballot case at 9:00 a.m. this morning — the case of Trump v. Anderson. Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot under section 3 of the Fourteenth Amendment? Is this national question to be determined separately by each of the 50 states? Is section 3 applicable to the office of the »

What is to be done?

Featured image Texas installed concertina wire in the vicinity of Eagle Pass to prevent illegal immigrants from crossing the border into the state. Governor Abbot is of course trying to make up for President Biden’s opening of our southern border and refusal to enforce the immigration laws. Biden’s undoing of our border is an act of willful destruction. In addition to everything else, it seriously jeopardizes our national security. Everyone knows who »

Can the Democrats Keep Trump Off the Ballot?

Featured image Two states, Colorado and Maine, have ruled that Donald Trump is ineligible to run for the presidency in those jurisdictions. These rulings are popular with Democrats: Rasmussen finds that: Sixty-six percent (66%) of Democrats approve of efforts to keep Trump off the ballot, including 50% who Strongly Approve. It is noteworthy that even among independents, 41% approve of Trump being removed from the ballot–not an auspicious sign for those who »

Supreme Court to Hear Trump Case

Featured image Today the U.S. Supreme Court granted a writ of certiorari to hear Donald Trump’s appeal of the Colorado case in which he was absurdly kicked off the ballot in that state. This is the Court’s order granting the writ: The Court has ordered an expedited briefing schedule that may allow it to rule in time to preserve the integrity of the primary process. We will see how this develops, but »

Realize this

Featured image This morning the Supreme Court hears oral argument in Moore v. United States. It could be one of the most important cases to be heard by the Supreme Court this year. In it the Court has certified this question for review (references to “App.” are to the appendix to the petition for review filed with the Court by counsel for Mr. and Mrs. Moore): The Sixteenth Amendment authorizes Congress to »

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. https://t.co/a74PiCnGBh pic.twitter.com/VF2qDVBZ0p — 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 »