Is the Federalist Society Nefarious?

By popular demand . . .

On Age and SCOTUS

A good excuse to consider reform.

[Death penalty - image of a stretcher with shackles] [Death penalty - image of a stretcher with shackles]

Pope Francis Declares Capital Punishment Unacceptable In All Circumstances

In what amounts to a significant, albeit not surprising, change in Catholic doctrine, Pope Francis has declared that the death penalty is unacceptable in all circumstances.

Ruth Bader Ginsburg Not Going Anywhere

Justice Ruth Bader Ginsburg says she’d like to stay on the Court at least until she turns 90, but it’s unlikely she’ll go anywhere voluntarily as long as Donald Trump is President.

Bad Arguments Against Brett Kavanaugh

There are good arguments as to why progressive Senators should vote against his confirmation. Let’s stick to those.

Trump Nominates Judge Brett Kavanaugh To Replace Anthony Kennedy

A selection that is likely to keep the Senate GOP united and red-state Democrats up for re-election under pressure to vote to confirm.

Majority Of Americans Want New Supreme Court Justice Confirmed Before Midterms

Democrats are making largely meaningless appeals to the so-called ‘Merrick Garland Precedent” to argue for a delay in confirming the President’s next Supreme Court nominee. The American people feel differently.

Anthony Kennedy’s Right to Retire

A thoughtful liberal argues the Justice has “altered and destroyed his legacy” by allowing Donald Trump to appoint his successor.

Trump’s Supreme Court Short List

President Trump’s short list of potential Supreme Court nominees consists mostly of conventionally conservative, well-qualified, jurists.

Did The Supreme Court ‘Overrule’ Korematsu? Not Really

Contrary to what many people have claimed, the Supreme Court’s decision in Trump v. Hawaii did not overturn one of the most controversial decisions in its history.

The Merrick Garland Precedent and the Kennedy Vacancy

The unconscionable violation of norms in 2016 won’t apply in 2018; it’s a matter of power, not principle.

Associate Justice Anthony Kennedy Announces Retirement

After thirty years on the bench, during which he played a central role in some of the Supreme Court’s most significant rulings, Justice Anthony Kennedy is retiring.

Supreme Court Strikes A Blow Against Public Sector Unions

In a 5-4 decision, the Supreme Court has ruled that public sector unions cannot force employees to pay membership fees.

A Busy Two Weeks Ahead For The Supreme Court And Supreme Court Watchers

With two more weeks to go, there are plenty of “big” cases still awaiting the release of a decision.

Could SCOTUS’s Ruling In Masterpiece Cakeshop Impact Trump’s Muslim Ban?

Some legal scholars are speculating that the Court’s ruling in Masterpiece Cakeshop could impact the ruling on the President’s Muslim Travel Ban. This seems unlikely.

The Proper Scope Of Inquiry In Judicial Confirmation Hearings

How far should judicial confirmation hearings go in asking potential Judges and Justices their opinions about issues that may come before them?

Supreme Court Set To Hand Down Several Landmark Decisions By End Of June

With one month to go in its term, there’s still a lot on the Supreme Court’s plate.

Supreme Court Declines To Accept Yet Another Second Amendment Case

The Supreme Court has declined to accept yet another Second Amendment case for review, continuing a streak that goes back some eight years.

Once Again, Retirement Speculation Circles Around Justice Kennedy

With the end of the Supreme Court term approaching, speculation about a Kennedy retirement is ramping up again.

The “Post-Truth” Era?

General (Retired) Michael Hayden has some harsh, and concerning, criticisms of the Trump administration.

Mississippi Enacts Law Banning Abortion After 15 Weeks, Immediately Gets Sued

Mississippi has passed a law that seems designed to directly challenge the underpinnings of Roe v. Wade.

N.R.A. Sues Over New Florida Gun Law

Within hours after the new Florida gun law was signed by Governor Rick Scott, the National Rifle Association had filed a lawsuit seeking to strike it down.

Vulnerable Republican Senator Speculates That Justice Kennedy Will Retire This Year

Once again, there’s speculation in Washington that Justice Anthony Kennedy could retire this year.

States Renew An Old Argument Against Obamacare

A group of twenty states have revived an old argument to mount a new legal challenge to the Affordable Care Act.

Supreme Court Poised To Deliver Blow To Public Sector Unions

After yesterday’s oral argument, the Supreme Court seems poised to deal a major blow to public-sector unions.

Supreme Court To Hear Case That Could Deal Major Blow To Public-Sector Unions

Tomorrow, the Supreme Court will hear oral argument in a case that could prove crippling to public employee unions across the nation.

Are Laws Banning ‘Assault Weapons’ Unconstitutional? According To Four Federal Courts Of Appeal, They Aren’t.

Since the Supreme Court handed down its decision in District of Columbia v. Heller four separate Federal appellate courts have ruled that state and local laws banning “assault weapons” do not violate the Second Amendment.

Ruth Bader Ginsburg Sends A Strong Signal That She’s Not Going Anywhere

Ruth Bader Ginsburg is making it clear she has no intention of leaving office before the 2020 election.

Trump Considered Dumping Gorsuch Over Perceived Disloyalty

Report that President Trump considered withdrawing the Gorsuch nomination are another sign of his unhealthy obsession with pledges of loyalty from people who have no business giving it to him.

After 300 Days, Donald Trump Sees No Accomplishments And Dwindling Job Approval

Donald Trump has been President 300 days and the record reveals no real accomplishments and increased dissatisfaction with the job he’s doing.

Supreme Court Begins What Promises To Be A Momentous Term

Previewing the next term of the Supreme Court, which starts today.

Supreme Court To Rule On Mandatory Fees To Public Sector Unions

In its upcoming term, the Supreme Court will hear a case that is likely to have a significant impact on the powers of public-sector unions.

McConnell Open To Eliminating ‘Blue Slips’ For Judicial Nominees

The Senate appears ready to get rid of another procedural move designed to block judicial nominees.

Judge Richard Posner Retires After Nearly Thirty-Six Years On The Bench

One of the legal giants in the Federal Judiciary has retired from the bench.

Chicago To File Suit Against Trump’s War On So-Called “Sanctuary Cities”

Chicago is joining the growing list of jurisdictions challenging the Administration’s policy on sanctuary cities.

Anthony Kennedy Drops A Big Hint About Potential Retirement in 2018

Justice Kennedy is telling prospective law clerks for the term that beings in October 2018 that he is considering retiring at the end of the term that begins this October.

Supreme Court Agrees To Hear Case On Partisan Gerrymandering

The Supreme Court has agreed to hear its first case on partisan gerrymandering in more than ten years, but opponents of the practice shouldn’t start celebrating just yet.

As End Of First Hundred Days Nears, Trump’s Job Approval Continues To Slump

As he nears the end of his first 100 days in office, President Trump continues to suffer from bad poll numbers.

Another Supreme Court Vacancy This Summer?

The Chairman of the Senate Judiciary Committee is hinting at a new Supreme Court vacancy this summer.

Neil Gorsuch Sworn In As Associate Justice Of Supreme Court

Judge Gorsuch is now Justice Gorsuch and it’s time to hit the ground running.

On the Evolution of SCOTUS

When life terms means almost three decades on the bench, fights will be fierce.

Neil Gorsuch Confirmed As 113th Justice Of The Supreme Court

After a prolonged vacancy and a bitterly partisan confirmation process, Neil Gorsuch has been confirmed to succeed Antonin Scalia on the Supreme Court of the United States.

Senate Invokes ‘Nuclear Option’ As Gorsuch Nomination Heads To Final Vote

As expected, Senate Republicans invoked the so-called ‘nuclear option’ to move the nomination of Judge Neil Gorsuch forward to a final vote on Friday.

Senate Committee Advances Gorsuch Nomination As ‘Nuclear Option’ Becomes Inevitable

The Senate Judiciary Committee voted to advance the nomination of Judge Neil Gorsuch even as it became inevitable that Republicans would be forced to invoke the ‘nuclear option’ to confirm him to the Supreme Court.

The Politics of Gorsuch

The ordinary and the extraordinary with the latest SCOTUS nomination.

Senate Headed For ‘Nuclear Option’ Showdown Over Gorsuch Nomination

Next week’s big news is likely to be the Senate’s vote to confirm Neil Gorsuch to the Supreme Court, which could mean invocation of the so-called ‘nuclear option’ by Senate Republicans.

Gorsuch Sails Through First Day Of Questioning

Day One of the questioning of Judge Neil Gorsuch went very well, and it suggests that his path to confirmation is basically clear of serious obstacles.