What they were able to do to the Constitution implicitly through the courts, many progressives are now calling to be done externally at the expense of the judiciary’s independence.
In the feud between President Trump and Supreme Court Chief Justice John Roberts, both are wrong. Judges aren’t partisan hacks, but they do have different approaches to jurisprudence.
Our constitutional culture is falling apart. We must remedy that before it’s too late.
Some 400 current and former Yale Law students said Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court represents an existential threat. That’s insane.
Many today hold the distorted view that Marbury v. Madison affirmed the Supreme Court as the most powerful branch in determining the constitutionality of a government action.
In one case, progresives support an originalist approach to the Constitution. But on abortion, they want a ‘living, breathing’ Constitution.
John Compton’s book ‘The Evangelical Origins of the Living Constitution’ argues that some of the worst political excesses of modern liberals were created and enabled by the progenitors of the religious right.
Eliminating the filibuster for Supreme Court nominees was the natural culmination of a tit-for-tat escalation by both parties. The brinksmanship is all symptomatic of a much larger problem.
The ever-changing interpretation of the Constitution Senate Democrats promote imposes litmus tests nearly every justice who is not currently serving would fail.
Should pro-lifers who voted for the president because he promised to nominate a judge who would overturn Roe worry it won’t happen?
In the first two days of the Supreme Court confirmation hearings, senators pressed nominee Neil Gorsuch on a variety of issues that may be before the court, from antitrust to campaign finance.
Cosmopolitan’s Jill Filipovic has constructed an argument against originalism that should embarrass even the most disinterested of history students.
The legacy of Roe v. Wade and its companion case Doe v. Bolton is a 43-year flight from reason and a society and political system distorted almost beyond recognition.
Twenty-five years ago today, Clarence Thomas was nominated to the U.S. Supreme Court. What a quarter-century.
We have relied upon the Supreme Court to preserve and defend us for too long. Any remaining shred of hope for that plan died with Justice Scalia. Now we must begin to defend ourselves.
When those who would eviscerate the Constitution viewed Antonin Scalia as their greatest enemy, they unwittingly honored him.
Supreme Court Justice Antonin Scalia’s dissent in PGA Tour v. Casey Martin offers a sparkling microcosm of the wit and legal reasoning that made him great.
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