Atypically for something written by John Yoo, I actually agree with much of the first part of his Clarence Thomas apologia. Thomas is the most principled conservative on the Court, his contribution (whether or not one agrees with the conclusions) , and claims that Thomas was Scalia’s sock puppet are both plainly wrong and may […]
Category: Clarence Thomas
I have an article up in TAP about the affirmative action cases and “originalism.” The cases make clear that for even justices who occasionally practice it rarely gets in the way of strongl
Today’s “Bong Hits 4 Jesus” case actually turns on relatively narrow grounds. The problem with Roberts’ opinion is that it turns on a claim that punishing the student was justi
The Supreme Court held this week that securities underwriting should not be subject to antitrust law. (Try to control your excitement please.) If I understand correctly from contacts who are actual experts in the field, what’s important about this case is not so much the outcome as the dicta, in which the Court rails against […]
I’m working on a piece about Jan Crawford Greenburg’s new book, so I was interested in this take by John O. McGinnis. I agree that it’s a good book, although obviously to me her cred