Overview for supreme-court

Gingrich Finds Judicial Review Inconvenient

Newt Gingrich claims to be an historian (rather than, heaven forbid, a lobbyist), who was paid over a million dollars by Freddie Mac. Taking the former House Speaker at his word—if only temporarily—one has to assume that the giant, federally-protected home mortgage security company wanted …

Written by Les Francis on Monday December 19, 2011

Only Yesterday

Newt Gingrich endorsed Harriet Miers . Conservatives should feel confident with the selection of Harriet Miers to replace Sandra Day O'Connor on the Supreme Court for a simple reason: George W. Bush selected her.

Written by David Frum on Monday December 5, 2011

Res Judicata: The Case for Kagan's Recusal

The Solicitor General of the U.S. (a position Elana Kagan held in 2010) is the government’s advocate in every case heard in any federal court. Typically the Solicitor will personally argue some cases in the Supreme Court. He or she will certainly be involved with any case that challenges the …

Written by Howard Foster on Monday November 28, 2011

Kagan is No Rehnquist

Elena Kagan meet Bill Rehnquist. That Bill Rehnquist. Like Kagan, Rehnquist was once young, smart, and ambitious. Like Kagan, Rehnquist served as a political appointee at the Department of Justice. And like Kagan, Rehnquist was once an Associate Justice of the United States Supreme Court. But …

Written by Lloyd Green on Tuesday November 15, 2011

Who is Judge Silberman?

Who is Laurence H. Silberman, the judge who has just written a ruling for the DC Appellate court upholding the President’s healthcare law? He is a judge who came of age at the time when conservatives were responding to the activism of the Supreme Court in the 50's and 60's. He is a …

Written by Noah Kristula-Green on Tuesday November 8, 2011

To Achieve Social Peace, Overturn Roe

David has made what I think is an interesting analogy about abortion but I think follows the wrong path. He has taken lumps on comparing drink to feticide but the main point needs to be addressed, is abortion comparable to drink or to slavery? David says we won’t have a war over abortion …

Written by John Vecchione on Tuesday October 25, 2011

Res Judicata: Leave Tort Reform to the States

One tenet of all the Republican campaigns is the demand that Congress enact some type of “litigation reform.” This usually means caps on damages in civil tort litigation in general and punitive damages/pain and suffering awards in particular. Currently, there are no such limits under the Federal …

Written by Howard Foster on Monday October 10, 2011

Res Judicata: The Poisoning That May Save The 10th Amendment

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Written by Howard Foster on Sunday August 28, 2011

Res Judicata: Anthony Kennedy, The Unprincipled Justice

The brewing controversy about President Obama’s healthcare law means that the case will end up in the Supreme Court. One appellate court has upheld the constitutionality of the law (by a 2-1 vote) and another has struck it down (by a 2-1 vote). Splits on appellate panels are rare. Two split …

Written by Howard Foster on Monday August 22, 2011

Res Judicata: Wal-Mart Decision Ends the "Great Society" in our Courts

In 1966, as part of explosion of federal programs that are collectively known as the so-called “Great Society, ” Congress amended Rule 23 of the Federal Rules of Civil Procedure, which governs “class actions.” Prior to that time such cases were rare even though the Rule had been in existence …

Written by Howard Foster on Monday August 1, 2011

Why Scalia and Thomas Won't Always Agree

Did Justices Scalia and Thomas reach different conclusions in a recent case because of how their parents raised them? Justices Antonin Scalia and Clarence Thomas are both “originalists, ” which means they aspire to interpret the Constitution in accordance with its meaning as understood by the …

Written by John Guardiano on Friday July 8, 2011

The Supreme Court Does Not Work for Big Business

Another Roberts-led Supreme Court term has ended, and journalists are again claiming the court is owned by business interests. Another Roberts-led Supreme Court term has ended, and another journalistic “the-Court-is-overwhelmingly-and-blatantly-pro-business” season has begun. Consider the …

Written by Stephen Richer on Wednesday June 29, 2011

First Amendment Tour De Farce

If California thinks simulated beatings of women are obscene, who is Justice Scalia is to argue with them? Can kids now sue their parents for confiscating their video games? Two rulings from the Supreme Court before they get out of town have illuminated the broad, almost, unrestricted view the …

Written by John Vecchione on Monday June 27, 2011

Obamacare's Tough Day In Court

Before the 11th Circuit panel heard the case, opponents of Obamacare had been told they would be laughed out of court. Instead, they have made a fight of it. The 11th Circuit has heard argument on the constitutionality of Obamacare. The duelists were Neal Katyal for the government (on loan from …

Written by John Vecchione on Friday June 10, 2011

SCOTUS: Immigration Isn't Just a Fed Problem

Thursday’s ruling upholding an AZ immigration law doesn't mean that a more controversial measure will stand, but it does suggest the Supreme Court is open to state enforcement. Thursday, the Supreme Court upheld a 2007 Arizona law allowing authorities to revoke the business licenses of companies …

Written by Fred Messner on Thursday May 26, 2011

No Bailouts for Incumbents

SCOTUS is reviewing a law which would provide matching funds for less well-funded candidates. But would this level the playing field or just boost incumbents? The Supreme Court in McComish v. Bennett and a companion case, is addressing an Arizona law that attempts to “equalize” speech in …

Written by John Vecchione on Tuesday March 29, 2011

Post-Westboro: Palin Plays the Victim

Yesterday, Sarah Palin spun the Supreme Court's ruling in the Westboro Baptist case, calling for courts to allow more religious expression in public life. Following the Supreme Court's decision in the Westboro Baptist case, Sarah Palin reacted with characteristic thoughtfulness. She tweeted, …

Written by Henry Clay on Thursday March 3, 2011

Why the GOP Will Thank Ted Olson

While some conservatives are celebrating the New York State Senate defeat of a gay marriage bill yesterday, Ted Olson has been working to overturn California’s ban on same-sex marriage. If he succeeds, Republicans will owe him a debt of gratitude. Yesterday, the New York State Senate crushed a …

Written by Jeb Golinkin on Thursday December 3, 2009