A Fictional Pope Francis . . . and Justice Alito
When Cardinal Bergoglio was elected pope on March 13, 2013, and took the name of Francis (in Italian, “Francesco”), I thought immediately of Pope Francesco I, the fictional radical pope created by Walter P. Murphy in his epic 1979 novel The Vicar of …
Roe v. Wade’s Inside Story
On November 18, please join leading social critics and policy-makers — including Mollie Hemingway of the Federalist, Christopher White of the Center for Bioethics and Culture, Charmaine Yoest of Americans United for Life, and Fr. Gerald Murray — for a conversation …
Ted Cruz: Obama's 20 Unanimous Supreme Court Losses Outpace Bush and Clinton
President Obama has seen 20 unanimous defeats before the Supreme Court during the five and a half years of his presidency, a pace that outstrips former presidents George W. Bush and Bill Clinton, according to a review of his record since 2009 …
A Well-Founded Loss of Confidence in American Government
Today from Gallup: “Americans’ confidence in all three branches of the U.S. government has fallen, reaching record lows for the Supreme Court (30 percent) and Congress (7 percent), and a six-year low for the presidency (29 percent). The presidency had the largest …
Stevens: Fix Second Amendment to Remove "Any Limits" on Government Power
Retired Supreme Court Justice John Paul Stevens supports gutting the Second Amendment in order to remove any limit on government infringements on the right of self-defense.
In his new book Six Amendments: How and Why We Should Change the Constitution, …
There Is Now Only One Way to Stop Obamacare: November.
Back during the Obamacare debate, President Obama vehemently insisted that the fees penalizing those who do not have health insurance were not a “tax increase.”
President/Constitutional-Law Lecturer Keeps Losing at the Court
On the front page of the Washington Post today, Robert Barnes notices that the administration headed by a former constitutional-law lecturer keeps losing at the Supreme Court, and it’s not even that close sometimes:
The Supreme Court this week …
Does Obama Already Know the Supremes' Decision on Obamacare?
Barring some dramatic break from procedure, the Supreme Court justices have already decided the fate of Obamacare, and are now just working out the written rulings and dissents.
Usually, it works like this: “For cases argued on Monday, the Justices …
What a Difference a Day Makes for Obamacare!
The midweek edition of the Morning Jolt has more on Obama’s potential future “flexibility” with Russia, the maddening pace of Mad Men, but most of it examines the big news out of yesterday:
Obamacare Had a Bad Day, Court&…
Excerpts from Kagan’s opening statement before the Senate Judiciary Committee are available here.
Two notes: 1. Her final remarks could be different, but in the excerpts she does not mention Harvard by name. Perhaps she was advised that bouncing between …
It was not commented upon much, but recently our Supreme Court refused to stay the federal-district court order against Alabama’s marriage laws. Many say this is yet another sign that the “big one,” a ruling against any and all …
Obama's Law Professor: 'I Wouldn't Bet' on Obamacare Surviving Next Legal Challenge
President Obama’s old Harvard Law professor, Laurence Tribe, said that he “wouldn’t bet the family farm” on Obamacare’s surviving the legal challenges to an IRS rule about who is eligible for subsidies that are currently working their way through the …
The Intolerance at the Heart of the Hobby Lobby Decision Fury
Quick observation on the Hobby Lobby case#…#
How many of us who aren’t Orthodox Jews would like to tell an Orthodox Jew, “you have to work on the Sabbath”? How many of us would like to tell a Muslim, you …
Knee-Jerk Finger-Pointing on Race Spreads to the Supreme Court
Also in today’s Jolt#…#
Progressives’ Knee-Jerk Finger-Pointing on Race Spreads to the Supreme Court
Now we know: A liberal Supreme Court justice will tell another liberal Supreme Court justice to his face, with the whole country watching her read her …
Romney Message: What the Court Didn't Do Today, I Will Do on My First Day
The Romney campaign previews the candidate’s remarks on the Obamacare Obama Health Care Tax ruling:
• Governor Romney disagrees with the Supreme Court’s decision. What the Supreme Court didn’t do on the last day of …
Why Is a Secure Border Politically Controversial?
From the Tuesday edition of the Morning Jolt:
Arizona Can Check if Criminals Are Here Illegally… But Then What?
The debate about illegal immigration in this country is particularly infuriating.
Is it terribly controversial to say, in an ideal …
Supreme Court Victory for the First Amendment
The Supreme Court decided Knox v. Service Employees International Union (SEIU) today, delivering an important victory for the First Amendment.
The case originated in California, which is not a right-to-work state. There, public unions may collect dues from …
Curious Development in the Takings Clause
I recently co-authored a piece in Engage that asks: “Does the Takings Clause Have an Expiration Date?” The Supreme Court has already answered in the negative with a clear declaration that “[t]his ought not …
Could an Obamacare Ruling Doom Obama's Reelection Hopes?
Michael Scherer of Time pointed out on Chuck Todd’s “Daily Rundown” that if the Supreme Court declares Obamacare’s individual mandate unconstitutional, it creates an enormous opportunity for the GOP against Obama in the fall, …
Senator Jon Kyl used his opening statement to unleash a torrent of criticisms against Kagan. He belittled her experience, making the accurate point that other SCOTUS nominees without judicial experience have had “actual” legal experience, as contrasted with Kagan’s …