Tagged Law

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 life. I greatly respect his ability, his jurisprudential philosophy, and his character, which by all accounts is beyond reproach. I suppose this sounds as though I am putting aside my Never-Trumpism for a moment and supporting the Trump administration in its nomination of Judge Gorsuch.…

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 constitutional obligation whatsoever to actually hold hearings or have a vote. The above having been written, I believe that the United States Senate should–barring the revelation of any skeletons in Merrick Garland’s closet–confirm his nomination as an associate justice of the United States. Here is…

Ted Cruz for President

Let me start this blog post by stating that Ted Cruz was not my first choice for the Republican presidential nomination. My first choice was Jeb Bush, and even though Jeb Bush proved to be a hapless candidate, I remain convinced that he would have made an excellent president, and I think it is a travesty and an embarrassment that the Republican party was not more open to his candidacy. Of the candidates remaining, I think that Marco Rubio is the most compelling conservative candidate in a general election contest against Hillary Clinton. However, his candidacy is going down in…

Bad News for Scott Walker Haters

There are a lot of people in Wisconsin and elsewhere who are made crazy by Scott Walker, as the photo accompanying this blog post makes clear. After all, Walker has won three elections in four years, including triumphing in a failed recall election that was launched by people who believe that elections should only have consequences when their side wins. I imagine that the Scott Walker haters were delighted when an investigation started to determine whether conservative groups in Wisconsin were illegally coordinating with Walker’s campaign during the recall effort. I also imagine that gag orders associated with the investigation…

Thoughts and Clarifications on the Issue of Same-Sex Marriage

In the aftermath of last week’s Supreme Court ruling on Obergefell, I have engaged in some online debates with people of goodwill regarding the issue of same-sex marriage. I expect that those debates will continue for some time to come, but in the event that it is useful, here is a comprehensive outline regarding where I stand regarding the issue:

Quote of the Day

Notwithstanding the paranoid fantasies of some religious conservatives, no church or clergy in the United States will be compelled to perform same-sex marriages, any more than they are compelled to perform remarriages or interreligious marriages. Neither will religious teachings about sexuality and marriage be penalized; Kennedy‚Äôs opinion reaffirms this obvious point. Kennedy moreover steps away from his previous tendency to say that opposition to homosexuality is nothing but an irrational animus; that view would tend to get in the way of thinking about the just freedom of members of religious groups that oppose same-sex marriage. But there remain live questions…

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.

Your Tax Dollars at Work

So, some Internet trolls have decided to say nasty, vile things about a judge, and they decided to say those nasty, vile things online. This, to say the least, is bad and stupid. Common sense–and time-honored Internet wisdom which is time-honored for a very good reason–dictate that the best response to this trollish behavior is no response at all. Do not feed the trolls! The Justice Department, however, is not interested in observing the dictates of common sense and/or time-honored Internet wisdom, which is time-honored for a very good reason. It has decided not only to feed trolls, but to…