If I understand the theory advanced by anti-SSM wingers in the Washington state petition case, it's the same one put forward by that great constitutional scholar Sarah Palin: i.e. that the First Amendment should be understood as insulating speakers from all criticism and all consequences....
Supreme Court
Matt beat me to it, but while I agree with 90% of what she says I think that Dahlia's framing of the debate in this article concedes way too much.
This Charlie Savage article about the politics of Obama's Supreme Court nominations starts off by reminding us that attempting to preempt conservative claims that a Supreme Court nominee is a.
Over at the Prospect I make the case for nominating an actual liberal for the Supreme Court. In particular, there's no political reason for not doing so: It might be objected at this point that a nominee like Karlan or Koh might compel a Republican...
Well, if we're ever going to discuss excellent potential nominees Obama isn't actually going to consider, today's the day...
No huge surprise here, but John Paul Stevens will be resigning this summer. [UPDATE: more from Liptak.] I hope Obama will consider that since 1916 this seat on the Court.
I know we've dealt with part of this already, but here's more Goldberg tendentiousness: Lepore mentions that the Supreme Court ruled 8-1 in the Buck v. Bell case, led by liberal hero Oliver Wendell Holmes Jr., a passionate eugenicist who considered “building a race” to...
Dahlia Lithwick has an excellent response to claims (from both predictable and normally more astute quarters) that Obama is likely to pay some kind of political price for attacking the.
In short, I think it's highly unlikely. The big difference between Citizens United and a potential commerce clause challenge is that the Court had a steady trend of being more.
Stephen Green asserts that to find a president criticizing the Supreme Court you have to go back to Old Hickory. (And his quote is actually apocryphal, although since it's "fake but true" I'll give him a pass.) But, of course, there are many more recent...
LGM has been told that Supreme Court Justices Antonin Scalia, Clarence Thomas, and Samuel Alito are all planning on resigning tomorrow. This will give Barack Obama three more Supreme Court.
Shorter Jeffrey Rosen: I am beginning to have serious questions about the existence of Santa Claus.While I can't resist making fun of Rosen's belated recognition of the obvious, he does.