Judicial Supremacy vs Popular Constitutionalism

Who should have the final say on the law of the land?

Back to SCOTUS Reform and “Legitimacy”

Doing nothing is still a choice, and the legitimacy crisis is here, like it or not.

Some Notes on the Ruling and the Dissents in the Texas Abortion case

A few observations on Whole Woman’s Health, et al., Applicants v. Austin Reeve Jackson, Judge, et al.

Supreme Court Expands Religious Impunity

Two rulings greatly expand the ability to evade the law for on Free Exercise grounds.

SCOTUS Rules Asylum Seekers Can’t Challenge Rejection in Court

A 7-2 decision by the highest court in the land is less decisive than the numbers suggest.

Supreme Court Hears Oral Argument In DACA Challenge

The Supreme Court took up the DACA issue today. No matter what it decides, this will likely become a big issue in the 2020 elections.

U.K. Supreme Court Rules Suspension Of Parliament Was Unlawful

Prime Minister Boris Johnson suffered a huge and historic loss in the Supreme Court of the United Kingdom.

RBG Speaks Out Against Court Packing Schemes

Ruth Bader Ginsburg isn’t very impressed by the proposals made by several liberal politicians lately to increase the size of the Supreme Court to counterbalance the conservative tilt created by the Gorsuch and Kavanaugh confirmations.

Appeals Court Upholds Ruling Barring Emergency Funding For Trump’s Border Wall

Another court loss for Trump and his border wall.

Supreme Court Hands Trump Administration A Loss In Census Citizenship Case

In a clear defeat for the Trump Administration, the Supreme Court upheld a lower court ruling that the Federal Government could not ask about citizenship on the 2020 Census.

Israel Headed For New Elections As Netanyahu Fails To Form Government

Despite appearing to have emerged from April’s election as the winner, Benjamin Netanyahu was unable to form a government. This means that Israel will have to hold new elections in September.

Trump Wants End to National Injunctions from Lower Courts

A longstanding legal question may finally come to a head.

New Zealand to Ban Semiautomatic Weapons

Institutions matter. (No, seriously, they really, really matter).

Time to Reconsider New York Times v Sullivan?

Justice Clarence Thomas argues that a 55-year-old precedent should be overturned.

All Politics Is National

Tip O’Neill was famous for once having advised his fellow Democrats that “all politics is local.” That’s not true anymore, and that’s unfortunate.

Comparative Judiciaries

The current discussion about SCOTUS is a good excuse to look at how other countries handle these things.

Supreme Court Agrees to Hear Civil Asset Forfeiture Case

We may finally get a ruling applying the Excessive Fine Clause to the states and limiting the ability of police to confiscate property.

Republicans Are Actively Helping Trump Undermine The Russia Investigation

Republicans on Capitol Hill and in positions of power are slavishly backing their President over their country. They should be ashamed.

Second Judge Says Trump Illegally Overturned Obama Regulation

Presidents are much more constrained in issuing and rolling back regulations than they or the public think.

Federal Appeals Court Judge Resigns Amid Sexual Harassment Allegations

Federal Appeals Court Judge Alex Kozinski is resigning immediately after a barrage of sexual harassment allegations.

Special Counsel Bob Mueller Convenes D.C. Grand Jury

Big developments in the Russia investigation that could start making President Trump deeply uncomfortable.

Fourth Circuit Upholds Injunction Against Trump’s Muslim Travel Ban

The Administration suffers another defeat in defense of its effort to ban Muslim immigrants.

Federal Judge Dismisses Lawsuit Against Senate Over Merrick Garland Nomination

A Federal Judge has dismissed a lawsuit that tried to make an end-run around the Senate and put Merrick Garland on the Supreme Court.

Greg Abbott, Anti-Federalist

Governor Abbott may claim he seeks to restore the constitutional order, but in fact his proposals have a lot in common with those who opposed the documents ratification in the first place.

Mike Huckabee v. The Constitution

Republican Presidential candidate Mike Huckabee is continuing his absurd and dangerous war on the Supreme Court.

Ted Cruz And Steve King Are Attacking The Rule Of Law In Defense Of “Traditional Marriage”

Ted Cruz and Steve King think the Court should be prevented from hearing any case involving same-sex marriage. Because they know they’re losing.

The House Lawsuit Against Obama; Full Of Sound And Fury, Signifying Nothing

The House of Representatives has filed its lawsuit against the President. As expected, it doesn’t amount to much.

Ebola And Mandatory Quarantines: A Delicate Balance Between Personal Liberty And Public Safety

Mandatory quarantines are a massive violation of personal liberty. We ought to be careful in how, when, and why we impose them and who they are directed toward.

Whatever Happened To That Lawsuit The House Of Representatives Was Filing Against Obama?

It’s been three months, but there’s been no action on the lawsuit that the House of Representatives said it was filing against President Obama.

Federal Court Dismisses Tea Party Groups’ Lawsuits Over IRS Targeting

A Federal Judge has dismissed lawsuits filed by Tea Party groups over the IRS targeting scandal.

Mississippi Republican Party Refuses To Hear Chris McDaniel’s Election Challenge

A big setback for Mississippi’s erstwhile Tea Party candidate for Senate.

Only Congress Can Do What’s Needed To Deal With The Border Crisis

That ball is in your court, Congress.

John Boehner’s Lawsuit Against Obama Is All About Obamacare, And Will Probably Be Dismissed

John Boehner’s latest political move is designed mostly to appease the GOP base, but it’s likely a non-starter from a legal point of view.

Federal Judge Rules No-Fly List Unconstitutional

The right to fly can’t be denied on mere whim.

Supreme Court To Decide If Politicians Can Be Sued For Lying During A Campaign

The Supreme Court is set to hear arguments next week in an important First Amendment case.

Drug War Using American Phone Records More Than Terror War

Prism ain’t got nothin’ on the Hemisphere Project.

On The Coup In Egypt And The Future Of Democracy

The events of the last week in Egypt raise a whole host of questions.

Prop. 8, DOMA, And Standing In The Supreme Court

The Supreme Court’s handling of standing in the two same-sex marriage cases likely seems contradictory to many outside observers.

Judge Orders Google To Comply With Secret FBI Demands For User Information

Once again, national security wins and privacy loses.

Federal Judge Voids FDA Rule Barring Minors From “Morning After” Pill

A Federal Judge has stepped into a Culture War minefield, but that doesn’t mean he’s wrong.

National Security Letters Ruled Unconstitutional

A federal judge has ruled National Security Letters violate the First Amendment’s free speech guarantees.

President Obama’s Troubling Justification For Targeted Killings

The Obama Administration has given us a peek at its legal arguments for targeted killings and they are troubling to say the least.

Federal Court Dismisses Lawsuit Challenging Filibuster

An attempt to declare the filibuster unconstitutional has ended in failure.

Institutional Clash in Egypt

They are playing the game without rules in Egypt.

The Never Ending War On Terror

If you thought the War On Terror might be over, think again.

The Democratic Party Joins The GOP In Abandoning Civil Liberties

Based on its recently passed platform, the Democratic Party has given up any pretense of putting civil liberties ahead of “national security.”

What is “Constitutional”?

What does the US Constitution actually provide in terms of guidance for governance?