I have an article up at the Prospect on the hot new trend in arguments that policies that Republicans supported until Obama started supporting them represent a massive threat to liberty and the Constitution: if the Supreme Court upholds the mandate, the broccoli tyrants will be knocking down your door. The argument, of course, makes […]
Tag: constitutional law
Apparently, former Reagan administration solicitor general Charles Fried didn’t get the memo about John Marshall sharing the constitutional vision of George Wallace. Communists, invading the Rea
Shorter Phillip Klein: If the Supreme Court decides to uphold the ACA, giving the federal government “broad new powers” to regulate the national economy that it has had since 1942, we need
Tom Maguire, engaging in Principled Opposition to “judicial activists” who came up with the idea that marriage discrimination is inconsistent with the equal protection of the laws: “I just wish that we could have a bit more respect for the democratic process and settle this in legislatures rather than employing this Democratic process of legislating […]
For the second time this week, the Supreme Court issued a ruling applying its famous Miranda ruling. A lower court had ruled that because two years had elapsed between a suspect first invoking his rig
Paul and I have compiled some examples of conservative academics arguing that Obama needs to be sent to Sally Quinn Reeducation Camp or something for disagreeing with an innovative constitutional doct
I have an article up at The American Prospect putting Citizens United in context as the latest manifestation of the Court’s increasing sympathy to the interests of big business. Some other links of interest: Lithwick. Liptak. Hasen. Denniston. Share
I’m certainly no admirer of Justice Kennedy’s jurisprudence, but I nevertheless found Eric Posner’s critical (of both Kennedy and the book) review of a recent book about AJK somewhat
Attempts to use Pfzier pulling out of New London to argue that Kelo was wrong rather than using it to argue that the New London and Connecticut governments were involved in stupid public policy really
Speaking of Kentucky, a short time ago I was fortunate enough to attend a speech by Ali Ahmad Kurd, leader of the Lawyer’s Movement in Pakistan. Kurd detailed his views regarding Pakistani democracy, and his own efforts to see Pervez Musharraf removed from power. Shortly prior to the speech Lt. Governor Dan Mongiardo made Kurd […]
I will be in a car returning from a graduation party most of the day. So if, as expected, the Court hands down its decision in Ricci today and reverses the Second Circuit, let me say that this in no w
I’m very, very happy to be wrong about this one. In a very pleasant surprise, today 8 justices found that the appalling arbitrary strip search of Savana Redding violated the Fourth Amendment. Th