Justice Ginsburg and ‘Judicial Activism’

Justice Ginsburg claimed in an interview with the New York Times published Friday that the Roberts Courts is “one of the most activist courts in history,” as “measured in terms of readiness to ...

Ed Whelan on Fox News

Ed Whelan had an excellent appearance on Fox News yesterday on Cornelia Pillard and President Obama’s D.C. Circuit court-packing plan.  

Fred Barnes on Republican State Attorneys General

Fred Barnes has an excellent article on Republican state attorneys general and their ongoing efforts to challenge the Obama administration’s constitutional overreach:  The AGs, who often attack the administration in packs, have done ...

The Myth of a Pro-Business SCOTUS

Richard Epstein, on the Supreme Court’s alleged big-business bias: I do not want to be construed as an apologist for big business, but I do think that the current anti-business rhetoric ...

Windsor and Hollingsworth’s Silver Lining

My take on Windsor and Hollingsworth is here: In spite of Windsor’s numerous flaws, there is a thin silver lining.  Although Justice Scalia is right to complain about the tortured logic in Justice ...