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Ian Millhiser Has Never Heard of the Structural Constitution. Justice Scalia Would Like a Word.
Scalia explained that the Framers “similarly viewed the principle of separation of powers as the absolutely central guarantee of a just […]
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This Day in Liberal Judicial Activism—September 30
2013—Rosemary Barkett’s 34-year Reign of Error in the American judiciary—first in Florida’s lower courts, then as a state supreme court […]
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This Day in Liberal Judicial Activism—September 29
1958—In a joint opinion of all nine justices in Cooper v. Aaron, the Supreme Court for the first time asserts the myth of judicial supremacy. […]
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Government Shouldn’t Be Forcing Christian Ministries to Hire Non-Christians
A legal argument in Washington State is a threat to religious nonprofits nationwide.
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Two Articles on Suncor v. Boulder County
Two different perspectives.
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This Day in Liberal Judicial Activism—September 28
1962— President Kennedy’s appointment of Arthur Goldberg to replace the retiring Felix Frankfurter creates a clear liberal activist majority on […]
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This Day in Liberal Judicial Activism—September 27
2019—Federal district judge Ketanji Brown Jackson issues a nationwide injunction (in Make the Road New York v. McAleenan) barring the […]
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This Day in Liberal Judicial Activism—September 26
2006—At the Senate Judiciary Committee hearing on the nomination of Michael B. Wallace to the Fifth Circuit, Roberta Liebenberg, chair of the […]
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The Ninth Circuit’s Latest Unpersuasive Attempt to Flout the Second Amendment
The Court should add Yukutake to its Second Amendment docket.
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This Day in Liberal Judicial Activism—September 25
1979—Taking advantage of its (and the House’s) massive increase in the number of judgeships a year earlier, the Democrat-controlled Senate […]
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‘How Betty Fletcher Won by a Day and Lost for Nineteen Years’
That’s the title of my new Confirmation Tales post.
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This Day in Liberal Judicial Activism—September 24
1992—By a vote of 4 to 3, the Kentucky supreme court rules (in Commonwealth v. Wasson) that Kentucky’s statutory prohibition of homosexual […]
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This Day in Liberal Judicial Activism—September 23
2013—More evidence that liberal Ninth Circuit judges regard their court as the real Supreme Court: Never mind that federal law provides that habeas […]
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Ninth Circuit Vacates Ruling Putting Men in Women’s Prison in Oregon
In a ruling last week (in S.D. v. Reese), a Ninth Circuit panel vacated a preliminary injunction that required Oregon to employ a “presumption” […]
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This Day in Liberal Judicial Activism—October 22
1992—Liberal judicial activists promote racial quotas and impede the death penalty, so why not use racial quotas to paralyze implementation of the […]
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This Day in Liberal Judicial Activism—September 22
2005—Explaining his decision to vote against the confirmation of John Roberts as Chief Justice, then-Senator Barack Obama concocts his lawless […]
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This Day in Liberal Judicial Activism—September 21
2005—In a speech to the New York Bar Association, Justice Ruth Bader Ginsburg laments that Justice Sandra Day O’Connor’s retirement might […]
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This Day in Liberal Judicial Activism—September 20
1972—In Abele v. Markle, a divided three-judge district court rules that Connecticut’s recently re-enacted abortion law is unconstitutional. […]
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This Day in Liberal Judicial Activism—September 19
1994—D.C. Circuit chief judge Abner J. Mikva resigns from the court in order to pursue what for him might be a less political position—White […]
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George Will’s Gratuitous Attack on the McConnell Court
The marginal benefit of a Democratic Senate vis-à-vis Trump is negligible. The damage a Democratic Senate can do to the judiciary, however, is […]
