Clarence Thomas Behaves Admirably at Oral Argument, Thank You Very Much

Following up on this blog post, I want to note Ilya Somin's observations of Clarence Thomas's behavior at oral argument. To be sure, one swallow does not a summer make, and the plural of "anecdote" is not "data," but I hardly imagine that the following is an exception to the rule where Justice Thomas is involved: …

Jeffrey Toobin Sinks to Expectations. Again.

No surprise for those of us familiar with his oeuvre. I suppose that the kindest thing that can be said about Toobin's latest is that he has graduated from sliming the dead to smearing the living; the latter does require more courage, after all. But despite the (exceedingly) modest uptick in bravery, Toobin's attack on Justice Clarence Thomas …

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 …