The immediate reaction to the Supreme Court’s decision in the Osborne case has been both ill-informed and negative. And liberals are already spinning it as the Roberts Court’s latest affront to justice. This is no surprise. It’s easy for political hacks to attack decisions when the public doesn’t understand the …
In its editorial today endorsing Judge Sonia Sotomayor’s nomination to the Supreme Court, the New York Times makes a bizarre claim that, if true, is extremely troubling. Sotomayor, the paper claims, has not only “repeatedly displayed the empathy” espoused by President Obama, but gone a step further: “She has shown …
This morning, President Barack Obama announced the nomination of Judge Sonia Sotomayor to the Supreme Court of the United States. While this may seem like the culmination of a long process, it actually marks just the beginning–really, the very first step–of the confirmation process laid out in our Constitution. President …
Though certainly no originalist, Justice David Souter is not a complete judicial activist, either. On a number of cases and issues, he has rejected the activist “empathy” standard promoted by President Obama to instead cast votes and write opinions that are in accord with the demands of the Constitution and …
Bankruptcy law is rich with colorful vernacular: cram-down, strip-down, haircut, matrix, etc. But until a few weeks ago, nobody had ever heard of a “surgical” bankruptcy, the Obama Administration’s preferred term for a very big business, like General Motors, whizzing through bankruptcy in just a few weeks flat, rather than …
