Bench Memos

OLC Opinion on Recess Appointments

It turns out that the Office of Legal Counsel did indeed issue an opinion approving of President Obama’s recent recess appointments. OLC has now made its 23-page opinion public. (I haven’t read it yet.)

Ed Whelan — Ed Whelan is a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law.

Most Popular

Elections

The Odds Are Slim to Nunes

When the history of the 2018 midterms is written, there will be a chapter on missed opportunities for Democrats. Some may wonder if they should have spent so much money supporting Beto O’Rourke in Texas, or whether Heidi Heitkamp was doomed from the start in North Dakota. One painful question for progressives ... Read More
Politics & Policy

The Beatification of Beto

The media’s treatment of Texas Democratic candidate Beto O’Rourke wasn’t the most egregiously unfair coverage of the past year -- that would be the treatment of Brett Kavanaugh -- but it ranks among 2018’s most annoying. The endless glowing profiles of O’Rourke in every publication from Vanity Fair to ... Read More
Elections

Bye, Heidi

North Dakota senator Heidi Heitkamp trails in the polls, by a large margin and for a good reason. Since winning office in 2012 on the promise to represent state rather than party, Heitkamp has done little to distinguish herself from the rest of the Senate Democratic caucus. The case against Heitkamp for ... Read More