The National Review Institute and the Pacific Legal Foundation organized a panel discussion earlier today with some of the top Supreme Court litigators in the country on what to expect in the coming term. Michael Carvin of Jones Day, which …
Heritage Foundation’s Supreme Court Preview
The Heritage Foundation will hold its annual and acclaimed “Supreme Court Preview” program tomorrow (Tuesday) at noon, so if you’re in the Washington, D.C., area you may want to drop by – you can RSVP by going here. Or …
Why Judicial Supremacy Isn’t Compatible with Constitutional Supremacy
A pro-choice voter in New Hampshire had a question for John Kasich, the Republican governor of Ohio, who was making the rounds as a presidential candidate: Would he “respect” Roe v. Wade even though he is a pro-lifer? Kasich answered, “…
The Sixth Circuit Shouldn’t Be Ignoring SCOTUS’s Hobby Lobby Decision
Lower courts are not supposed to ignore Supreme Court rulings. However, as Ed Whelan noted in a recent post on this blog, that is exactly what circuit courts have done by refusing to apply the favorable interpretation of the Religious …
Who’d You Pick for the Supreme Court?
The obvious choice is, of course, Ed Whelan — but George Leef has some ideas, too.
King v. Burwell Expanded Obamacare Even More Than You Know
In King v. Burwell, Chief Justice John Roberts did the Obama administration a bigger favor than he realized. Writing for a himself and five colleagues, Roberts blessed the administration’s expansion of the Affordable Care Act’s individual mandate, employer …
Why the Little Sisters of the Poor Have Gone to the Supreme Court
On Thursday, July 23, the Little Sisters of the Poor, women religious who dedicate their lives to Jesus Christ and the service of the elderly poor, went to the Supreme Court of the United States for the second time for religious-liberty …
Poll: More Americans Oppose Obergefell than Support It
Three weeks since the Supreme Court ruled 5–4 in favor of a constitutional right to same-sex marriage, support for the institution has fallen by six points, according to a July 18 Associated Press Gfk-Poll. An April poll found that 48 percent of Americans …
How King v. Burwell Will Save the Little Sisters of the Poor
Chief Justice Roberts’s latest rewriting of Obamacare was not a complete debacle. Rather, as has become his pattern, the chief tossed conservatives a consolation prize. The most significant, and underappreciated, aspect of King v. Burwell was that it rejected …
Judicial Deference Enables Agencies to Usurp Congress’s Legislative Power
‘It is emphatically the province and duty of the Judicial Department to say what the law is” declared Chief Justice John Marshall in the landmark case of Marbury v. Madison. For centuries this statement has stood as one of the …
Psst! Somebody Nudge Justice Ginsburg Again!
A little early for wine, isn’t it, Justice Ginsburg?
Ruth Bader Ginsburg, who is known to nod off during SOTUs, appears to be dozing off in Pope speech. Sotomayor gave her nudge to wake her up
— Manu Raju (@mkraju) September 24, 2015
Protecting the First Amendment from the Supreme Court
Senator Mike Lee (R., Utah) has published a new and improved version of the First Amendment Defense Act (FADA), an essential piece of legislation that seeks to protect religious liberty in an increasingly hostile environment.
Drafting legislation is never easy, …
A Tennessee Judge Improperly Trolls the Supreme Court
Late last week, a Tennessee trial court judge refused to grant a divorce to an opposite sex couple because of the Supreme Court’s same-sex marriage ruling in Obergefell. When I first saw the news item on social media, I thought …
Schlock Social Science vs. Justice Thomas
The New York Times’ formidable Supreme Court reporter Adam Liptak seems to have an appetite for schlock social science.
In an article last Thursday, Liptak reported that “linguistic software” had supposedly discovered that majority opinions written by Justice Thomas “contain …
Unreliable Data on Justices’ Financial Conflicts of Interest
A self-styled “non-partisan grassroots organization” called Fix the Court thinks it’s a big problem that justices can decide cases in which they own stock in companies that aren’t parties but that take part as amici. In a paper …
Does Lincoln Caplan Know Up from Down on Judicial Ethics?
Writing in the New Yorker on the question “Does the Supreme Court Need a Code of Conduct?,” Lincoln Caplan manages to get a lot of elementary things wrong:
1. Caplan contends that Supreme Court justices “are the only judges in the …
Scalia’s Derisive Dissents Have a Serious Purpose
Justice Antonin Scalia is in trouble. Like the rowdy students in Animal House, he’s been called into the dean’s office — called in to face a dean who has decided that “somebody’s got to put his foot down” …
Congress Can and Should Return Jurisdiction over Marriage to the States
Republican leaders have not been shy about laying out their strategies for undoing the damage caused by the Supreme Court’s activist decision in Obergefell v. Hodges. There’s just one problem: All of the proposals making headlines are futile.
Use Reconciliation to Oppose Obamacare — but Do It Carefully
Less than three months ago, House and Senate Republicans passed a budget-conference agreement that said, “The conference agreement affirms the use of reconciliation for the sole purpose of repealing the President’s job-killing health care law.” Despite this seemingly clear …
What a Texas Supreme Court Justice Could Teach John Roberts
Today’s most interesting debate about governance concerns a 110-year-old Supreme Court decision. Two participants in this debate are the chief justice of the United States Supreme Court and a justice on the Supreme Court of Texas. The latter is …