Liberal Justices Complain Death Penalty Is Unconstitutional, Even Though It’s in the Constitution
Two Supreme Court justices made the case against the constitutionality of the death penalty Monday, even though it is specifically named in the U.S. Constitution.
Justice Stephen Breyer disagreed with the five justices who ruled today that a particular …
Kasich on Same-Sex Marriage: ‘The Court Has Ruled and It’s Time to Move On’
In the wake of the Supreme Court’s landmark ruling on same-sex marriage in Obergefell v. Hodges this past Friday, most Republican presidential hopefuls came out swinging. But not Ohio governor John Kasich.
Kasich, who is expected to announce his candidacy …
Is This the Revival of Obama’s Presidency?
The Sunday chatterers are hailing this week as a great watershed in the Obama presidency. On Meet the Press, they grouped the trade agreement and the three Supreme Court cases together to crow that he is now as consequential a …
Ayatollah Roberts and His Sharia Council
In the matter of the so-called Affordable Care Act, the Supreme Court ruled that the law must not say what it in fact does say because it would be better if it were not to say what it says and …
The Supreme Court Has Legalized Same-Sex Marriage: Now What?
Gerard V. Bradley
Shortly after the climactic North African battle of El Alamein in late 1942, Winston Churchill cautioned his countrymen that it was “not the end.” The great victory was “not even the beginning of the end.” Churchill declared that …
Excessive Deference Wasn’t the Court’s Problem in King v. Burwell
Libertarian legal thinker Damon Root has a very strange reaction to Chief Justice Roberts’s opinion in King v. Burwell: He sees it as a great example of conservative legal reasoning, and therefore decries it. He believes such reasoning places …
Constitutional Remedies to a Lawless Supreme Court
This week, we have twice seen Supreme Court justices violating their judicial oaths. Yesterday, the justices rewrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5–4 opinion …
Judicial Activism from the Court on Marriage: Here’s How to Respond
Today is a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, or marriage as the union of one man and one woman. The Court got it wrong: It should not have mandated …
Scott Walker’s Sudden Right Turn on Social Issues
On a day when most Republican White House hopefuls offered rote responses to the Supreme Court’s gay-marriage decision, Scott Walker broke dramatically from the mold.
In a telling shift for a politician who’s spent recent years carefully avoiding …
Wouldn’t it be nice if we could wake up, and find our debate about same-sex marriage was over? That it had been settled by the Supreme Court?
It sure would be nice if someone like myself, who is an …
Now John Roberts Is Complaining about Creative Court Rulings
Chief Justice John Roberts certainly twisted logic and language into a pretzel last week in his decision upholding Obamacare’s health-exchange subsidies. But today, as the Supreme Court issues its final opinions, the judicial shoe was on the other foot.
Justice Kennedy’s Rhetorical Flourishes Are Embarrassing, Not Praiseworthy
Already infamous for his rhetorical flourishes, Justice Anthony Kennedy outdid himself in Obergefell, the gay-marriage case the Supreme Court decided Friday. For those who haven’t seen it yet, here is how his opinion begins:
The Constitution promises liberty to …
Once, when Ronald Reagan was running around trying to be president, Mike Deaver went to him and said, “Governor, I think it’s time we had a new speech. We’ve been giving your current speech over and over.” Reagan …
Let’s Drop the Charade: The Supreme Court Is a Political Branch, Not a Judicial One
‘But this Court is not a legislature.” Chief Justice John Roberts actually published that sentence in his same-sex marriage dissent on Friday#…#a mere 24 hours after his maestro’s performance in the Supreme Court’s legislative rewrite of the Affordable …
Worse than the Supremes: Obamacare Economics
The judicial decision to uphold all of the president’s health-care subsidies may be very disappointing, but the economics of Obamacare are far worse than whatever constitutional mistakes have been committed by the Supreme Court.
The economics of Obamacare are …
House Votes to Repeal IPAB
The House of Representatives has voted to repeal the odious Independent Payment Advisory Board.
It should be noted the IPAB has yet to swing into what should be unconstitutional-as-hell operation. The president has not yet even appointed the board,
This doesn’t appear to be a parody:
I suspect that many progressives would recognize, would pushed in this way, that the case against polygamy is incredibly flimsy, almost entirely lacking in rational basis and animated by purely irrational fears and …
Against Redefining Marriage — and the Republic
‘Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens — through the democratic process — to adopt their view,” Chief Justice John Roberts writes in his dissent from the Supreme Court’s decision today. “That ends today.”
In most …
Dear GOP, Support Religious Freedom Even if Apple and Salesforce.com Disagree
Surveying the Republican response to the Supreme Court’s gay marriage ruling, there is broad agreement on at least two items — protecting religious liberty and — to use Senator Rubio’s words –nominating “judges and justices committed to applying the Constitution …
A Few Thoughts on Today’s Obergefell Supreme Court Decision
Having read today’s Obergefell v. Hodges decision, I have a few thoughts:
1) Although I am a supporter of same-sex marriage, I cannot celebrate Justice Kennedy’s majority opinion for anything other than its outcome. It is difficult to read, …