What to do now that Donald Trump is going to be president? Skip the five stages of grief and go straight to the five stages of NeverTrump.
Congress in 1866 was concerned about an unpopular, reactionary president using the Supreme Court to restrict the people’s rights. In 2017, we will likely find ourselves in a similar spot.
As a matter of constitutional law, the Senate is fully within its powers to let the Supreme Court literally die out.
The Supreme Court said The Little Sisters of The Poor would not have to pay millions in IRS fines for refusing to provide contraceptives to their employees.
Donald Trump may not know originalism from origami, but at least he listened to the right adviser on potential judicial appointments.
If we understand the history of Supreme Court appointments, we can understand that there is really no such thing as a ‘moderate’ Supreme Court nominee.
In the few weeks since Antonin Scalia’s death, we are witnessing an unchecked liberal Supreme Court quartet.
We must be of good cheer. We are not yet old and fragile. Constitutional governance is, Justice Scalia himself said, ‘worth fighting for, win or lose.’
Justice Antonin Scalia fundamentally influenced the Court and changed the behavior of critics who disagreed with him.
‘The Senate Judiciary Committee should seriously consider not scheduling confirmation hearings on the nomination until after the political campaign season is over.’
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.
Even though there’s much precedent for fighting lame-duck nominees to the Supreme Court, some people flipped out when Senate Republicans said they would.
Supreme Court Justice Antonin Scalia changed the arc of his profession through the sheer force of excellent prose.
The GOP needs to ask itself: What’s the upside of allowing Barack Obama to change the ideological composition of SCOTUS?
When those who would eviscerate the Constitution viewed Antonin Scalia as their greatest enemy, they unwittingly honored him.
The upshot of Antonin Scalia’s passing is that the only constitutional limits on the next president will be those he himself chooses to recognize.
The Little Sisters of the Poor respond to government misrepresentations in a legal battle that’s headed to the Supreme Court.
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