Kelo v. City of New London Ten Years Later
Ten years ago, on June 23, 2005, the United States Supreme Court dropped a judicial thunderbolt in Kelo v. City of New London. By a narrow five-to-four margin it rejected a spirited challenge that Susette Kelo and her neighboring landowners had raised ...
On the Necessity for Normative Analysis in Hobby Lobby
In his recent NRO post responding to my essay on the Hobby Lobby case, Ed Whelan agrees that the decision in Hobby Lobby was correct, but thinks that I am incorrect to attack Justice Alito for slips in his reasoning. ...
The Best Possible Defense Lawyer for Jared Loughner
It has been reported that Judy Clarke will represent Tucson gunman Jared Loughner in court. Clarke has previously represented the Unabomber Ted Kaczynski and other grim figures:
Judy Clarke is known in legal circles as “the patron saint of criminal ...
What Happens When a State Goes Bankrupt?
David Guaspari asks:
It seems clear that the political classes of New York and California will continue to misgovern their states into ruin, confident that the states are too big to fail and will be bailed out by the rest ...
Trapped in His Own Delusions: Senator Leahy on the Sotomayor Nomination
Sen. Pat Leahy’s endorsement of Sonia Sotomayor gives vivid testimony to all that is wrong with senatorial politics on judicial nominees to the Supreme Court. I shall put aside his hyperbolic assertion that Judge Sotomayor has a “long and ...
A Short, Final Response to Ed Whelan
My thanks to Ed Whelan for his prompt reply to my critique of his earlier views. At this point, I only wish to say why I referred to both my intellectual and tactical criticisms of Justice Alito’s opinion.
George Will recently touted an elegant amicus brief by the Institute for Justice that assails the individual mandate on the novel ground of contract law: It requires individuals to enter into insurance contracts. Because voluntariness is a basic element of ...
Obamacare Is Now on the Ropes
The decision of Judge Henry Hudson in Virginia v. Sebelius is no bird of passage that will easily be pushed aside as the case winds its way up to its inevitable disposition in the United States Supreme Court. ...
Should Chief Justice Roberts Be Impeached?
According to Rep. Peter DeFazio (D., Ore.), he should be:
[I mean, the Supreme Court has done a tremendous disservice to the United States of America. They have done more to undermine our democracy with their Citizens United ...