With Gorsuch Hearings Set To Begin, It’s Democrats Who Are In The Hot Seat

Judge Neil Gorsuch’s confirmation hearings begin Monday morning, but it’s Senate Democrats who are in the hot seat.

Appeals Court Denies Federal Government’s Request For Stay Of Travel Ban Order

An initial setback for the Federal Government in its appeal of the ruling putting President Trump’s Muslim travel ban on hold.

The Republican Dilemma

Candidate trumps party in a presidential system.

No, the Party can’t “Do Something” about Trump

The nature of US parties means that Trump more or less is the GOP at the moment, and hence the GOP will do nothing about Trump.

Deadlocked Supreme Court Leaves Obama’s Immigration Relief Plan Blocked

Thanks to a 4-4 tie, President Obama’s temporary immigration relief program remains blocked by a Federal Court Injunction.

On Donald Trump’s Contempt For The Rule Of Law And Freedom Of The Press

Donald Trump’s open contempt for the Rule of Law and Freedom of the Press should disqualify him from being considered an acceptable candidate for President.

Federal Court Finds Portion Of Administration’s PPACA Subsidy Funding Unconstitutional

A Federal Court has ruled that the Administration violated the law when it spent funds allocated under the PPACA for purposes other than those authorized by Congress.

Obama Administration’s Immigration Executive Action Suffers Another Court Defeat

President Obama’s executive action on immigration suffered another setback in court late yesterday.

White House Refusing to Release Obama-Clinton Emails

Because that’s what White Houseses do.

Governing is Not Win-Lose

Compromise is simply necessary for the country to function.

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 Supreme Court as Sitting Constitutional Convention

Debating the proper role of the judiciary.

Kansas Republicans Are Blackmailing The Kansas Supreme Court

Kansas Republicans are threatening to cut off funding for the entire state judicial system if the state’s Supreme Court strikes down a law the legislature likes.

Supreme Court Slaps Back Congress In Jerusalem Passport Case

In a case that took seven months to decide, the Supreme Court ruled in favor of the Presidency’s broad authority in foreign affairs, and inserted itself just a little bit in the thorny politics of the Middle East.

Huckabee And Carson: States Can Refuse To Comply With Supreme Court Rulings On Marriage

Two Republican candidates for President say that Republican elected officials should simply ignore the Supreme Court if it strikes down bans on same-sex marriage.

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.

How FDR’s Death Changed The Nature Of The Vice-Presidency

Seventy years ago, Harry Truman became President in the final months of a war. He wasn’t prepared for it, but most Vice-President’s after him have been.

Federal Judge Kind Of, Sort Of Finds Obama’s Immigration Action Unconstitutional In Poorly Reasoned Decision

A Federal Judge has issued a ruling that sort of says that President Obama’s Immigration action is unconstitutional. Except it’s poorly reasoned, and apparently not legally binding on anyone.

Obama’s Executive Action, The Law, And The Constitution

On a preliminary examination, the President’s executive action on immigration appears to be within the boundaries of applicable law. However, as with other exercises of Executive Branch authority, it raises some important concerns about the precedent that it sets.

DOJ Finds President Lacks Authority to Take Action He Took Next Day

The Office of Legal Counsel told the president Wednesday he couldn’t do what he did on Thursday.

Americans Oppose Unilateral Executive Action On Immigration, But Support Immigration Reform

A new poll provides some interesting context to the political context to the President’s expected executive action on immigration.

Supreme Court To Decide If Congress Can Dictate Where Jerusalem Is

The Supreme Court will decide if Congress can override American foreign policy when it comes to declaring who has dominion over Jerusalem.

Supreme Court Allows Changes In Ohio Early Voting To Remain In Effect

The Supreme Court has issued a stay that will allow changes to Ohio’s early voting law to remain in effect for this year’s election. That was the correct decision.

Today in Circular Reasoning

Back to the Ten Commandments and Alabama politics.

C.I.A. Admits Spying On Senate, Senate Finally Outraged About Surveillance

The C.I.A. has admitted spying on Senate investigators.

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.

Presidential Overreach Should Be More Than Just Another Partisan Fight, But That’s What It Will Be

There are legitimate issues regarding Presidential overreach and separation of powers that President Obama’s actions while in office have raised. But none of that will be discussed in our hyperpartisan political culture.

Presidents and Prime Ministers

More on instiutional design.

Institutional Design and Governance

A piece at Foreign Policy provides a chance to give some thought to institutions.

Is The Law That Saved Hobby Lobby Unconstitutional?

Is the Religious Freedom Restoration Act itself an unconstitutional Establishment of Religion barred by the First Amendment? There’s a compelling argument that it is.

Supreme Court Restricts President’s Recess Appointment Power

The Supreme Court rules that Recess Appointments can only be made when there’s actually a Congressional recess.

Speaker Boehner To File Lawsuit Against Obama Over Executive Actions

A clash over Separation Of Power and the Imperial Presidency, coming soon to a Federal District Court in Washington, D.C.

Why It Matters That Obama Didn’t Follow The Law In The Bergdahl Release Deal

Good intentions and good results aside, the President’s disrespect for the Rule Of Law should concern everyone.

Did Obama Violate The Law With The Bergdahl Release? It Sure Seems Like It

Good intentions aren’t an excuse for failure to follow the law.

Chris Christie’s Gay Marriage Decision And The Politics Of 2016

Chris Christie’s decision to take a tactical retreat on the issue of same-sex marriage raises some interesting questions for 2016.

Brits v. the Yanks

An Example of How Institutions Matter.

It’s Time For Congress To Debate The Wisdom Of Attacking Syria

Some Members of Congress are calling for a debate before any strikes on Syria. They’re absolutely right.

America’s Inconvenient Constitution

With more than a little hyperbole, George Will declares “Obama’s unconstitutional steps worse than Nixon’s.”

Appellate Court Rules New York Large Sized Soda Ban Unconstitutional

Another legal setback for Mayor Michael Bloomberg’s crusade to regulate what New York City residents can eat and drink.

Confirmation is the Weakest Aspect of Oversight

There really is no reason for Congress to confirm so many posts.

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.

Supreme Court Accepts Appeal In Recess Appointments Case

The Supreme Court accepts what will likely be one of the most important cases of its upcoming term.

Turkey On The Brink?

Has the Arab Spring come to Turkey?

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

Once again, national security wins and privacy loses.

Yet Again, Institutional Design Matters

It would be nice if columnists for major newspapers would consult political science, rather than Hollywood, for their understanding of our system.

Judging Presidents (and Thinking about Institutions)

Because sometimes poorly contructed observations can set a fellow to writing.

Institutions 101 and the Sequester

Institutional dynamics in the US constitutional system are the key to undertstanding our current predicament.

The Sequester, Moving Goalposts, and the 2012 Elections

Ezra Klein argues that the voters already decided how the sequestration fight should play out.

952 Days Since Congress Passed Major Law

t’s been more than two-and-a half years since the United States passed major legislation.