Scott links below to Ruth Marcus’s inane pearl-clutching over how Obama criticizing the Supreme Court could be interpreted as an Assault On the Rule of Law and Thus Our Most Sacred Freedoms. Apparently some sort of signal went out from the Bat Cave today. Behold the Fifth Circuit of our federal appellate court system: In […]
Tag: judicial review
George Will — whose commentary about the courts in the past tended towards banalities about how judicial opinions that George Will disagrees with “diminish democracy”* — come
Dahlia Lithwick has a very good article on the implications of the political nature of judicial review, as revealed by the straight party-line voting on the constitutionality of the ACA. Certainly, if
Because there wasn’t enough bad news last week, the forces of discrimination strike back against three of the Iowa Supreme Court’s historic Varnum ruling. The good news is that the discrimination restoration faction faces an uphill climb, so with an effective struggle the ruling should remain in force.
Dahlia Lithwick’s does a very good job here of analyzing the question of how Kennedy might vote on same-sex marriage, with her choice of commentary to link to being particularly astute and comme
Here. I was reading a review yesterday of a collection of Henry Farlie’s essays, and discovered that The Daily Beast and The Daily Brute were lightly fictionalized versions of The Daily Mail and
I have an article up on TAP noting that the referendum overturning same-sex marriage rights should once and for all make clear that “the idea that changes in support of gay and lesbian rights can preempt controversy and organized opposition as long as the courts stay out of it is a pernicious myth.” The remaining […]
In comments, LP and geo requested a post about this subject. My purpose is not to make the case; I’m a poor candidate for such a task as I’m not persuaded. In the current debate between Scott and
The court’s decision can be defended, in theory, on various grounds. (1) The state’s constitution actually required the court to rule as it did. I’m not going to debate this claim an
This interesting-looking (well, to me) Slate book club reminds me that I just read another recent book about Marbury that attempts to at least partially debunk the decision that Sloan apparently puts on a pedestal. I think at this point it’s worth distinguishing between two branches of of Marbury revisionism. The first attempts to attack […]
Richard Posner has an interesting article — essentially an application of his recent HLR Foreword — critiquing the Supreme Court’s decision in Heller, the D.C. gun control case. It&#
Ogged, riffing on Adam Liptak’s article about the United States as a (recent) outlier on free speech: It’s dogma in the US that if you give up a strong commitment to the right of free spee