Insult after Injury: The Nomination of Anthony Kennedy
The problem with Kennedy is that even if he had a coherent view of the Constitution, his jurisprudence was often inscrutable.
Anthony Kennedy
To Save the Lie, Lie Some More
Justices Thomas and Alito outlined calmly why it creates real issues when the Supreme Court invents rights out of whole cloth.
What’s Wrong with Chevron Deference Is Congress
Our legislature is far too willing to delegate its authority.
Why Should a Single Federal Judge Be Able to Make Law for the Whole Country?
While we fill a Supreme Court vacancy, let’s also have that debate.
The Anthony Kennedy Truthers
The grand conspiracy theory that Anthony Kennedy retired because his son has some financial relationship with Donald Trump doesn't make any sense.
Scurrilous Attacks on a Potential Trump Nominee — from the Right
Brett Kavanaugh deserves his place on any Supreme Court short list.
No, Ruth Marcus, It’s Not Time for a ‘Bork Moment’
Ruth Marcus has penned an unhinged column in which she insists that Anthony Kennedy's retirement must provoke "another Bork moment." There is much that is ugly about this sentiment.
The Imaginary Constitution
Political questions should be resolved by the ballot box, not by a ‘living’ Constitution that means anything leftists want.
Chris Matthews Invokes the ‘Fight Harder’ Clause
If the Democrats "don’t use everything they’ve got -- if they don’t play hardball -- I think they’re through," Matthews said.
For the First Time, Conservatives Might Thank God for Kennedy
The Supreme Court’s ‘swing vote’ has frustrated his right-wing critics over the years, but his retirement appears to be a huge parting gift.