I am on record here as being no enthusiast for the Supreme Court’s June decision in D.C. v. Heller. I am not entirely alone among conservatives in my opinion of that ruling, it turns out. Judge J. Harvie Wilkinson III of the Fourth Circuit (whom I criticized here on another matter a couple years ago) has written a lengthy critique of Heller for a forthcoming issue of the Virginia Law Review. His arguments are not in every respect the ones I would make, but it’s a powerful dissent, and he pulls no punches: “Heller represents a triumph for conservative lawyers. But it also represents a failure–the Court’s failure to adhere to a conservative judicial methodology in reaching its decision.” There’s more: Wilkinson goes on to argue that in key respects, and to a disturbing extent, Heller resembles that worst of all modern liberal rulings, Roe v. Wade. I would quickly add that in its effect on our political culture, and of course on life itself, Roe is incalculably worse–and Wilkinson never says otherwise. But if you have the time for a 75-page manuscript, it’s eminently worth reading.
Conservatives do not do well in the cities. We assume, strangely, that this indicates a problem with the cities rather than a problem with . . . us. We may as well be trying to sell New York City and Los Angeles Edsels full of New Coke -- and cursing the consumers for being too thick to appreciate what we are ... Read More
The initial warning is given before Vice even starts, in an onscreen note: It’s a “true story,” we’re told. But it’s hard to be strictly factually accurate, the note adds, because Dick Cheney is such a secretive bastard. So it’s really Cheney’s fault if anything in the movie happens to be ... Read More
The president wants them away from the border. Read More
Congratulations to Kyler Murray for winning the Heisman -- and in a year during which Tua Tagovailoa was playing football, no less. And all shame to Scott Gleeson, of USA Today, who waited until the exact moment that Murray had been selected for the award before amplifying a national shaming campaign that had ... Read More
In 2007, the Justice Department was in disarray. Though it was largely exaggerated, a controversy over the firing of some United States attorneys, the intrusion of politics into Justice Department hiring decisions, and White House contacts with Main Justice forced the resignation of an overmatched attorney ... Read More
The federal government has discovered a massive new reserve of oil and natural gas in Texas and New Mexico that it says has the “largest continuous oil and gas resource potential ever assessed.” "Christmas came a few weeks early this year," Secretary of the Interior Ryan Zinke said of the new reserve, ... Read More
Friday evening, the Special Counsel's Office and the Southern District of New York filed three key documents: two sentencing memos for former Trump attorney Michael Cohen and a sentencing memo for former Trump campaign chairman Paul Manafort. Most of the online attention has focused on the SDNY’s Cohen memo ... Read More