The New York Times published an editorial suggesting that conservative Supreme Court justices recuse themselves from various cases where the partisans at the Times would like the perceived “other side” to win. You can read Ed Whelan’s piece for all the particulars, but I just want to share his summary. More broadly, I will observe […]
Longtime readers may recall the case of Poway High School student Taylor Harper’s T-shirt protesting the “Day of Silence” pro-gay rights event approved by the school. After years of litigation, the Supreme Court finally got the case, decided it was moot (Harper had graduated), but still vacated the 9th Circuit’s decision upholding the district’s decision […]
Democratic appointee Judge Gladys Kessler has upheld Obamacare as constitutional, and in doing so has created the first federal thoughtcrime. As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power....However, this Court finds the distinction, […]
A federal judge has given the Interior Department 30 days to fish or cut bait on issuing drilling permits.
I’ve been outraged about the infamous Kelo decision ever since it came down. For those of you who are unfamiliar with it, the Supreme Court in a 5-4 decision construed the “public use” clause of the Fifth Amendment to include higher tax income. Before Kelo if the government was going to take property through eminent […]
Justice Stephen Breyer has a new book coming out. No, you don’t need to read it. I don’t need to read it either. I know exactly what it will say: The constitution means exactly what Breyer wants it to mean – no more, no less. Yesterday’s Washington Post had a short article on Breyer’s new […]
Supreme Court Justice Stephen Breyer has been in the news lately. Last week, National Review’s Bench Memos writer Matthew J. Franck reported on an article Breyer wrote for the Journal of Supreme Court History that was riddled with factual errors. The biggest error was that the infamous Dred Scott decision was a 6-3 decision. Any […]
Ed Whelan over at National Review’s Bench Memos blog demonstrates that the judge who overturned the votes of 7 million people (and plaintiff’s counsel Ted Olsen) both lied about the evidence presented in the case. On a related note: John Eastman notes that Judge Vaughn Walker should have recused himself. An honest judge would throw […]
Thirty-seven years ago, 7 justices on the U.S. Supreme Court took the issue of abortion out of the hands of the American people and stuffed it in the penumbras and emanations of the constitution. It’s been a political football ever since. Yesterday, a federal judge took the issue of gay marriage out of the hands […]
Absolutely unbelievable. If there was any doubt that Elena Kagan believes the government has the power to force you to buy health insurance – or eat your fruits and vegetables, then that doubt is gone. Just watch, next you’ll be forced to buy only GM cars.