Democrats Should Hold the Gorsuch Nomination Hostage

Judge Neil Gorsuch is a genuinely outstanding jurist, who would be a superb addition to the United States Supreme Court. All Americans can and should be deeply proud that his intellect, his devotion to scholarship, and his fidelity to original public meaning jurisprudence has brought him to this extraordinary moment in his career and his …

Merrick Garland and the United States Supreme Court

Before getting into the meat of this post, let me state the following: The president of the United States has every right to nominate someone to the United States Supreme Court, despite the fact that this is an election year. The United States Senate has every right not to act on the nomination, and no …

The Supreme Court Bats .500. Legal and Political Analysis Follows.

The United States Supreme Court has come out with two major opinions, in as many days. The first concerned Barack Obama's health care law, and featured a bad outcome based on poor reasoning. The second concerned the issue of same-sex marriage and featured a laudable outcome based on less-than-good reasoning. We'll take the health care …

Peter Ludlow Misunderstands Original Public Meaning

Read this interview, and take a gander especially at the following: . . . most conversations take place between individuals with different levels of power, and there is often a presumption that we should defer to the lexical semantics of the person in power – whether that be a teacher or a politician or a billionaire. …

What Justice Ginsburg Gets Wrong

Her disparagement of the Roberts Court notwithstanding, it is not an activist Court: Justice Ruth Bader Ginsburg believes the Roberts Court is “one of the most activist courts in history,” according to a widely cited interview with the NYT‘s Adam Liptak.   ”Activist” is a slippery label, often indicating nothing more than disagreement with a Court’s decision in …