Erwin Chemerinsky, Dean of the law school of the University of California at Irvine, argues that the Roberts Court is “notably more conservative” than its predecessors and the “most conservative court since the mid-1930s.” In this forthcoming paper, I argue that Dean Chemerinsky’s claim is completely unsustainable. Even if one accepts that one can reach a definitive conclusion about the Roberts Court after three terms, that the terms “liberal ” and “conservative” are useful descriptions of judicial doctrine, and even if one finds it meaningful to compare the ideological leanings of Courts across decades, Chemerinsky’s claim falls apart. While the current Court is moderately more conservative than the late Rehnquist Court, it is not meaningly more conservative than the early Rehnquist Court. Moreover, while the Court has shown moderate conservative tendencies on some issues, it remains quite liberal on others. Indeed, it is hard to argue that a Court that produced Boumediene, Kennedy v. Louisiana, and Massachusetts v. EPA is meaningfully conservative in any sense of the word.
American government is supposed to look and sound like George Washington. What it actually looks and sounds like is Henry Hill from Goodfellas: bad suit, hand out, intoning the eternal mantra: “F*** you, pay me.” American government mostly works by interposition, standing between us, the free people at ... Read More
The Russians are engaged in “information warfare” against the United States. That was the big soundbite at Deputy Attorney General Rod Rosenstein’s press conference Friday afternoon, announcing Special Counsel Robert Mueller’s election-meddling indictment against 13 Russians and three Russian ... Read More
It has become more urgent to ask: Why is there a special counsel in the Russia investigation? At this point, that question should be put to the Justice Department’s Office of Legal Counsel — in the federal government, it’s the lawyers’ lawyer. To get down to brass tacks: May the president of the United ... Read More
To understand the American gun-control debate, you have to understand the fundamentally different starting positions of the two sides. Among conservatives, there is the broad belief that the right to own a weapon for self-defense is every bit as inherent and unalienable as the right to speak freely or practice ... Read More
The Marvel Cinematic Universe (MCU) first infantilizes its audience, then banalizes it, and, finally, controls it through marketing. This commercial strategy, geared toward adolescents of all ages, resembles the Democratic party’s political manipulation of black Americans, targeting that audience through its ... Read More