Ilya Shapiro is a senior contributor to The Federalist and author of the new, “Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court.” He is director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute. Follow him on Twitter, @ishapiro.
The Georgia runoffs would’ve gone the other way had any number of factors turned out differently, but Trump’s bad behavior and overreaction to it among others in his party was the central theme.
‘Even if the Constitution has taken a holiday during this pandemic, it cannot become a sabbatical,’ wrote Supreme Court Justice Neil Gorsuch.
Several of these states will ultimately end up quite close, perhaps even with recounts. Will the Election Night leaders end up losers?
Bipartisan attacks on our nation’s institutions and the integrity of our electoral processes create the appearance of consensus that our government is illegitimate.
Such a move would cement Trump’s biggest success: picking committed and youthful originalists—judges who will interpret the Constitution according to its original public meaning
Trump’s judges have received nearly half of all no votes in U.S. history, an average of about 22 per judge (and about 36 per circuit judge) — as compared to just over 6 per judge under Obama.
And it allows presidents to legislate, a recipe for everexpanding federal and executive power.
Including the line ‘China was largely right and the United States was largely wrong’ discredits any piece of writing that discusses civil liberties and the rule of law.
Just because significant restrictions on our day-to-day lives are warranted doesn’t mean it’s a free-for-all for government coercion.
It would be both smart politics and good governance to update the list of SCOTUS contenders. When a vacancy emerges, whether before or after the election, who will be considered?
Democrats and Republicans may shame the United States for not featuring yet another welfare state program, but they ignore that Canada’s taxes to fund subsidies to parents of newborns cost working families dearly.
Executive agencies are on notice that it’s no longer ‘anything goes’ when they rewrite their own rules, that judges will hold their feet to the statutory fire.
The court reached the correct result, but the mish-mash of opinions leaves Establishment Clause jurisprudence in the muddled state it’s been for decades.
By preventing President Trump from firing Robert Mueller, Don McGahn prevented a political crisis that would’ve made the Russia-collusion narrative seem like a jaywalking allegation.
It’s important that lawmakers get national cannabis policy right, which means respecting each state’s prerogative to handle its own policy and allowing interstate marijuana trade.
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.
Brett Kavanaugh takes his seat amid debates about the Supreme Court’s ‘legitimacy,’ with substantial portions of the population thinking he’s a rapist.
Libertarians aren’t going to agree with Kavanaugh on everything—we don’t agree on everything ourselves!—but he’s a big step forward for constitutional liberty.
My wife simply can’t take nearly a week off work to complete the mandatory training Virginia social services is contemplating for parents who want to help at their kids’ preschool.
Despite the brouhaha and suspenseful plot twists, the president went with what can in this context be called the conventional conservative choice.
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