The Latest

Fisher: The Court Dodges the Big Issue

In today’s ruling in Fisher v. University of Texas, affirmative action suffered a tactical setback, but it gained a strategic victory: The Court refused to dismantle the basic legal theory ...

Joe Biden’s Abortion ‘Guarantee’

In last night’s vice-presidential debate, Joe Biden gave America a “guarantee” that no Supreme Court Justice nominated by President Obama would ever vote to overturn Roe v. Wade, the 1973 ...

Grutter Has Got To Go

A few minutes into the Supreme Court’s oral argument in Fisher v. University of Texas — a case involving affirmative action — Justice Breyer impatiently blurted out “I want to ...

The Wise Latina Goes Off the Deep End

Here’s what happens when you pick Supreme Court Justices based on “empathy.” Facts: An HIV-positive prisoner (Anthony Pitre) is transferred to a prison where all inmates are required to do hard ...

Who’s Afraid of a Runaway Convention?

There are some great ideas floating around for constitutional amendments: for example, a line-item veto, a federalism amendment, and a “repeal amendment” (allowing states to repeal federal legislation) that I’m ...
Politics & Policy

Roe v. Obamacare

In April, a group of Mississippi citizens, including Lt. Gov. Phil Bryant, filed the first private class-action suit to challenge the Obama health-care law. The complaint cites all the legal ...