The proposal is simple: when Democrats next hold the presidency and Senate, they should pack the courts to ensure that the Left can achieve its goals.
When a president or legislature is faced with following either a court ruling they know has no constitutional basis or the actual Constitution, they should heed Hamilton’s advice.
We have divergent interpretive theories that map onto ideologically sorted parties, so is it any surprise that elections are high-stakes for judges?
Planned Parenthood President Cecile Richards is right: Courts matter. They matter because liberal judges long ago stopped interpreting the law and started inventing it.
Every four-year term, a president appoints around a fifth of the judiciary. They continue shaping our world long after the president who appointed them has left the White House.
If our system of government devolves into a political tug-of-war between the executive branch and the judiciary, we all lose.
This seems to be all just one more episode of Trumpian signaling or, as the court narrated, using a ‘bully pulpit to highlight a changed approach to immigration enforcement’ in the future.
How increasingly letting states and citizens sue to stop laws and regulations they don’t like, such as President Trump’s immigration order, can politicize courts and end self-government.
If the Wyoming Supreme Court is permitted to insert an unstated requirement upon judges, what prevents some future court from reading pastors, priests, and bishops into the same decision?
During Neil Gorsuch’s confirmation hearings senators and commenters are batting around words like ‘textualist,’ ‘originalist,’ and ‘evolutionist.’ Here’s an illustration.
Even a cursory look at Neil Gorsuch’s opinions shows his disdain for a conventional wisdom that has unfortunately guided the style of countless writers.
An umpire would (or should) throw Cork’s case out. Like it or not, the rule of law demands that President Trump and his organization be treated like all others that are similarly situated.
The 3-2 decision of the Wyoming Supreme Court says holding mainstream Christian beliefs undermines Judge Ruth Neely’s impartiality even though marriages aren’t part of her duties.
Only by holding nominees’ feet to the substantive constitutional fire can we make confirmation hearings great again.
A federal judge in Hawaii relied on his feelings and flawed interpretation of Trump’s campaign rhetoric to block his latest travel ban.
It’s time for Congress to return the institution to an even-bodied court. Doing so would create a more legitimate and less politicized institution.
An executive that does not need to ask the legislature for funds is one that does not need to ask the people for permission or respond to their concerns. Self-funding is self-rule.
In the battle between orginalism and judicial restraint, law professor Randy Barnett argues originalism is more important for restoring the Constitution.
Congress has sweeping subpoena powers – and legislators should use them to override the injunctions censoring two Center for Medical Progress videos.
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