Ramesh and I agree that Roe was a massive power grab on behalf of the federal judiciary, but disagree as to whether Congress can do much about it (save, perhaps, depriving the Court of jurisdiction to hear such cases). I think we might also agree that even if Congress has sufficient Constitutional authority to ban partial birth abortion under the 14th Amendment, the current bill — which purports to ban such procedures “in or affecting interstate commerce” — is wholly inadequate for this purpose. While it contains extensive findings, these findings are almost exclusively focused on addressing Justice O’Connor’s pet concerns about the basis for abortion restrictions, and not on the extent to which the failure of states to adopt partial-birth abortion bans represents a denial of equal protection. Because Congress’ only has power under the Fourteenth Amendment to “enforce” its substantive guarantees, it would have to demonstrate a Fourteenth Amendment violation before proceeding further (as the Court has rightly noted in several of its recent sovereign immunity decisions). It has not done so here.
Brenda Snipes, the supervisor of elections in Florida’s Broward County, does not deserve to be within a thousand miles of any election office anywhere in these United States. She should be fired at the earliest possible opportunity. Snipes has held her position since 2003, in which year her predecessor, ... Read More
Just before the election, an Andrew Gillum intern named Shelby Shoup was arrested and charged with battery after assaulting some college Republicans on the campus of Florida State University. It was rather less exciting than that sounds: She went on a rant about “Nazis” and “fascism” — Gillum’s ... Read More
Not everyone found it funny. Read More
Almost nothing is discussed as badly in America or Europe as the subject of immigration. And one reason is that it remains almost impossible to have any sensible or rational public discussion of its consequences. Or rather it is eminently possible to have a discussion about the upsides (“diversity,” talent, ... Read More
The Florida Senate race is extremely close. As the formal recount begins, the final preliminary vote tally due at noon Saturday had Republican candidate Governor Rick Scott ahead of Democratic senator Bill Nelson by 12,562 out of over 8 million votes cast. In recent days, much attention has focused on Democrat ... Read More
Here was the state of play as of yesterday per the Kemp campaign’s breakdown of publicly available information: As of Saturday, November 10, 2018 (12:00 p.m.) *Information below is public. Total votes reported: 3,924,658 Kemp: 1,975,162 (50.33%) Abrams: 1,912,383 (48.73%) Metz: ... Read More
As I write on Friday, the restraining order hasn’t come down yet. But it’s just a matter of time. Some federal district judge, somewhere in the United States, will soon issue an injunction blocking enforcement of the Trump administration’s restrictions on asylum applications. The restrictions come in the ... Read More