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This Day in Liberal Judicial Activism—October 6
2000—Liberal judicial activists eagerly seize opportunities to expand unsound or dubious precedents. In 1971, the Supreme Court had […]
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In Suncor Argument, Justices Appear Skeptical of Boulder’s Climate Suit
Fortunately, it appears from today’s argument that the Court is poised to shut down Boulder’s bid to regulate global emissions.
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Suncor v. Boulder — Justice Barrett Gets It
Boulder wants to regulate activity in other states through its police power. It can’t do that. What it can’t do through regulation, it surely […]
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Suncor v. Boulder — Oil and Tobacco
The present case is nothing like the tobacco cases.
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Suncor v. Boulder Aims to Bankrupt the Energy Industry
If you think gas prices are high now, just wait until the People’s Republic of Boulder gets to set them.
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This Day in Liberal Judicial Activism—October 5
1989—By a vote of 4 to 3, the Florida supreme court rules (in In re TW) that a state statute that requires parental consent for a minor’s…
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How Careers Play into Picking Judges
In the end, you look for indicia of talent, jurisprudence, and sound judgment and you look for them wherever you can find them.
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This Day in Liberal Judicial Activism—October 4
2021—Carl Wayne Buntion gunned down a Houston police officer in 1990 and was convicted of capital murder and sentenced to death in […]
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This Day in Liberal Judicial Activism—October 3
1979—Give Harry Pregerson credit for candor. At the Senate Judiciary Committee hearing on his nomination to a Ninth Circuit seat, Pregerson is […]
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Two Stories on the Fifth Circuit
Judicial confirmations don’t happen in a vacuum.
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Showdown Over Climate Lawfare to Start New Term
Disillusioned by their inability to persuade Congress to impose a forced energy transition on the nation, activists have turned to the state courts […]
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The Fifth Circuit
Usually the smart play actually is the smart play, and the smart play for the Fifth Circuit is Todd Butler.
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This Day in Liberal Judicial Activism—October 2
1953—Less than one month after the death of Chief Justice Fred M. Vinson, President Eisenhower recess-appoints California governor Earl Warren as […]
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‘Jon Kyl’s Impact on Judicial Confirmations’
In my new Confirmation Tales post, I offer a tribute of sorts to the late Senator Jon Kyl, as I review his important imprint on judicial nominations.
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This Day in Liberal Judicial Activism—October 1
2008—The Supreme Court denies the state of Louisiana’s petition for rehearing in Kennedy v. Louisiana, the case in which the Court held, by a […]
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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.
