Law and Politics in a Post-Ginsburg World

I've criticized Donald Trump savagely and accurately, ever since he descended down his gold-plated escalator on June 16, 2015, announced his candidacy for president of the United States, and caused American politics and the state of our democracy to descend with him to subterranean levels. And I've criticized the Republican party savagely and accurately, ever …

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 …