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 …
Don’t Let the EPA Win by Losing
The Supreme Court didn’t just issue a strong rebuke to the Obama administration’s environmental agenda last week. In ruling against the Environmental Protection Agency’s “Mercury and Air Toxics Standards” regulation — commonly known as MATS — the justices showed …
The other week, I had a post on judging and its nature. (This was in the wake of the Supreme Court’s latest insults.) I heard from a reader, and thought I would share the e-mail:
You are right, most …
The Ignorant Freakout over Clarence Thomas
Who knew that inherent rights are a political bombshell?
Justice Clarence Thomas set off a controversy in his dissent in the Supreme Court’s gay-marriage decision by reciting core American beliefs about the innate dignity and rights of all persons, …
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 …
The Abortion Industry’s Hypocrisy, Coming Soon to the Supreme Court
As it closed a controversial term last week, the Supreme Court signaled a readiness to hear its first abortion case since 2007. Five justices agreed to halt temporarily the enforcement of a Texas law mandating health and safety standards for abortion …
Shooting a Wedding Is Different from Taking a Passport Photo
The Supreme Court ruled last month that same-sex marriage is a constitutional right. Now many supporters hope (and many opponents fear) that this decision will take away the rights of those who, for religious or free-speech reasons, do not want …
‘The Ignorant Freakout over Clarence Thomas’
Today, I wrote about the Left’s bizarre reaction to the Clarence Thomas dissent in Obergefell. Rarely have so many people been so unhinged by the idea that we have inherent rights and dignity.
The Supreme Court Sweats a Small-Stakes Case on Redistricting
‘Words mean what they say,” I wrote in my Washington Examiner column one week ago. But, as I added, not necessarily to a majority of justices of the Supreme Court. The targets of my column were the majority opinions in …