Left Finally Admits They Pack Courts With Politicized Judges, And Plan To Amp It Up
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.
Should Presidents And Legislatures Ignore Crazy Court Decisions? Alexander Hamilton Thinks So
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.
Why It’s Impossible To Keep Judge Nominations Non-Political
We have divergent interpretive theories that map onto ideologically sorted parties, so is it any surprise that elections are high-stakes for judges?
Abortion Supporters Pretend To Care About Woman Judges To Hide Anti-Woman Legal Goals
Planned Parenthood President Cecile Richards is right: Courts matter. They matter because liberal judges long ago stopped interpreting the law and started inventing it.
It’s Time For GOP Leadership To Stop Letting Democrats Stall Judicial Nominations
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.
Why Courts Weaponizing Themselves Against Trump Will End Badly For Us All
If our system of government devolves into a political tug-of-war between the executive branch and the judiciary, we all lose.
The Sanctuary Cities Ruling Is Much Ado About Nothing
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.
The Left’s Contempt For The Law Is Destroying Public Trust
For too many Americans, the American legal system is no longer simply the arbiter of what the law means and how it applies to a given set of facts.
Why You Shouldn’t Cheer Every Time Courts Do What You Want
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.
Wyoming Censures Judge For Marriage Beliefs Even Though No Law Requires Her to Perform Marriages
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?
What Happens When An Originalist, Textualist, And Evolutionist Walk Into A Courtroom
During Neil Gorsuch’s confirmation hearings senators and commenters are batting around words like ‘textualist,’ ‘originalist,’ and ‘evolutionist.’ Here’s an illustration.
5 Writing Myths Neil Gorsuch’s Lively Opinions Bust To Bits
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.
DC Wine Bar Sues Trump For Owning A Hotel Two Miles Away
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.
Wyoming Judge Censured For Beliefs About Marriage That Have Nothing To Do With Her Job
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.
What To Ask Neil Gorsuch At His Confirmation Hearing
Only by holding nominees’ feet to the substantive constitutional fire can we make confirmation hearings great again.
5 Problems With The Hawaii Judge Halting Trump’s Travel Ban
A federal judge in Hawaii relied on his feelings and flawed interpretation of Trump’s campaign rhetoric to block his latest travel ban.
Keep The Supreme Court Bench Even-Numbered
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.
Why No Government Branch Should Be Able To Fund Itself
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.
How We The People Can Reclaim ‘Our Constitution’
In the battle between orginalism and judicial restraint, law professor Randy Barnett argues originalism is more important for restoring the Constitution.
Congress Can Release The Blocked Abortion Videos
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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