Justice Stephen Breyer Justice Stephen Breyer

The Breyer Patch

The 83-year-old Justice is playing a dangerous game.

House Judiciary Committee Releases Report On Trump Impeachment

The House Judiciary Committee has issued its report on the impeachment of President Trump.

While Democrats Debate, Republicans Push Forward On Judges

While Democrats debated among themselves about health care plans that will likely never become law, Republicans were pushing forward with judicial confirmations.

The Backlash Against the Biden Backlash

After a flood of stories saying the former Vice President is unsuitable for the modern era, the inevitable pushback is happening.

Historical Perspective on SCOTUS Nominations

Despite what seems to be the prevailing mythos, most nominations fights are nothing like the current one.

Bork 2.0?

The Bork hearings have come up in the context of the Kavanaugh confirmation, Some thoughts ensue.

Early Polling Finds Public Lukewarm On Kavanaugh Nomination

Initial polling on Brett Kavanaugh’s nomination to the Supreme Court find the public more divided than they have been for other recent SCOTUS picks, but that’s unlikely to impact the fate of his nomination.

On Kavanaugh, Democrats Lack A Coherent Message And A Coherent Strategy

At least in these early days, Democrats appear to lack a coherent message, or a coherent strategy, to propel any effort to block Brett Kavanaugh’s nomination to the Supreme Court.

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.

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?

Trump Administration Seeking To Undermine Robert Mueller’s Investigation

Robert Mueller seems to be getting closer to the President, and the Administration is responding by seeking to undermine his investigation.

Another Supreme Court Vacancy This Summer?

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

Firing Sally Yates Was Not A “Monday Night Massacre”

The Acting Attorney General was fired last night after announcing that she would refuse to defend President Trump’s Executive Order on immigration. As a result she was fired. Contrary to some arguments, this was not improper.

The GOP’s Supreme Court Gamble Pays Off

Just under a year ago, Senate Republicans took a big risk regarding the Supreme Court. Now, it’s paid off big time.

John McCain Says Republicans Will Refuse To Confirm Any Clinton SCOTUS Nominee

John McCain said that Senate Republicans will unite to block any Supreme Court appointment by a President Hillary Clinton.

Most Americans Oppose GOP’s “No Hearings, No Votes” Position On Garland Nomination

It increasingly appears that the GOP is on the losing side of the argument over whether to hold hearings and a vote on the nomination of Merrick Garland to the Supreme Court.

Republicans Risk The Senate And The Presidency By Refusing To Consider Any SCOTUS Nominee

Republicans are putting much on the line in their refusal to consider any Supreme Court nomination from President Obama.

The Political Battle Over Justice Scalia’s Supreme Court Seat Has Begun

It didn’t take long for the political battle over the seat held by the late Justice Antonin Scalia to become another part of the 2016 political battle.

From Bork, To Kennedy, To Obergefell

He definitely wouldn’t appreciate it, but in some sense you can thank Robert Bork for the Supreme Court’s opinion in Obergefell v. Hodges.

The Ivy League Supreme Court

Every member of the Supreme Court graduated from an Ivy League Law School. That kind of homogeneity is not healthy.

Chief Justice Roberts: Neither Scalia Nor Ginsburg Could Get Confirmed Today

Chief Justice Roberts lamented recently that an increasingly partisan confirmation process could mean that Justices who have contributed much to the Court would not be confirmed today. He’s right.

10th Circuit Strikes Down Oklahoma’s Ban On Same-Sex Marriage

Another step closer to the Supreme Court.

Happy Birthday Justice Ginsburg, We Need To Put You Out To Pasture

Another liberal legal scholar is calling on Justice Ginsburg to resign. She’s unlikely to listen to them.

The Roberts Court Hasn’t Been As “Activist” As Its Critics Contend

The argument that the Roberts Court has been overly “activist” does not hold up to examination.

Just Say No To Special Prosecutors

Republicans should reject the calls to call for a Special Prosecutor to investigate the unfolding scandals in Washington.

Robert Bork Dead at 85

Robert Bork, the controversial jurist whose failed Supreme Court bid ushered in a new climate in American politics, has died at 85.

American Politics May Be Nasty But They Started It

At some point, however, using the bad actions of the past to justify worse actions in the present has to stop.

The Roberts ObamaCare Decision: The Epitome Of Judicial Restraint

In his ruling on the ObamaCare cases, Chief Justices Roberts reached back to a judicial philosophy with roots in men like Oliver Wendell Holmes, Jr. and Felix Frankfurter.

George Will’s Less Than Lapidary Column

The 1976 Pulitizer prize winner is phoning it in.

Get Rid Of Recall Elections

Recall elections in a hyper-partisan atmosphere are not a good thing.

On The Phony Charge Of “Judicial Activism” From ObamaCare Supporters

The White House and its allies have already declared war on a decision that won’t even be rendered until three months from now.

Christian Conservatives Have A Very Selective Memory Of Ronald Reagan

Ronald Reagan wasn’t really much a of a “Christian Conservative.”

It’s Not About Contraceptives, It’s About Privacy

Do the Republican candidates believe that American citizens have a right to privacy? Someone should ask them.

Wisconsin Recall: Republicans Hold 4 of 6, Senate

The second round of the rolling Wisconsin recall elections was held yesterday. The Republicans are still in charge.

Death of Politics is Greatly Exaggerated

Michael Cohen argues that our system is broken because Republicans will no longer compromise.

Specter Opposing Kagan?

Arlen Specter is struggling with a reason not to vote against Elena Kagan.

Bork on Miers

Politics of Spite

Souter Retiring?