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  • Senate Sends Message in Kagan Confirmation

    Today the Senate confirmed Elena Kagan to the United States Supreme Court.  Yet the vote breakdown is telling.  Even with a Democrat stronghold in the Senate, Kagan received more “no” votes [37] than any Democrat Supreme Court nominee in 100 years, and with bipartisan opposition to top it off.  With … More

    We Know Stevens, But What Do We Really Know About Kagan?

    Many who advocate for the appointment of originalist judges believe that the Court will not be worse off when Justice John Paul Stevens is replaced.  After all, who could possibly be more of a liberal activist than the leader of the Court’s liberal bloc, Justice Stevens? This mode of thinking … More

    Goodwin Liu: Obama’s Most Radical Judicial Nominee

    It is difficult to imagine the Ninth Circuit as any more radically liberal than it already is. Despite a few stellar judges, the Court is full of liberal activists who have earned it the reputation of having the highest Supreme Court reversal rate of any court in the nation.  But, … More

    This Just In! The Pledge of Allegiance is Constitutional

    Last week, the Ninth Circuit Court of Appeals upheld the constitutionality of the Pledge of Allegiance (PDF). Judge Carlos Bea, the author of the majority opinion, finely exhibited what it means to be a constitutionalist judge. His opinion considered the words “under God” not in isolation, but within their proper … More

    State of Disunion

    President Obama has received criticism from yet another Supreme Court justice concerning his inappropriate and unprecedented chastisement of the Court during the State of the Union address.  Obama criticized the Court’s recent campaign finance opinion while six of the justices sat before him, obviously unable to respond to the criticism … More

    The Law is Unchanging

    The false alarm concerning the possible resignation of Chief Justice John Roberts, Jr. sent shockwaves throughout the blogosphere and media outlets yesterday afternoon.  Those of us who respect the Chief’s service to our country and fidelity to the Constitution were relieved when the rumors were false. But this fire drill … More

    Supreme Court Takes Up Chicago Gun Ban Case Today

    This morning, the Supreme Court will hear oral argument in McDonald v. Chicago, a landmark case addressing whether states can deny the rights of their citizens to keep and bear arms.  This question was left open by the Supreme Court’s groundbreaking yet common sense decision in Heller v. District of … More

    Limiting Leviathan: The States’ Role in Protecting Liberty

    The American Founders recognized that federalism is essential to maintaining individual liberty in the United States. The Constitution therefore grants the federal government only certain limited powers which were specifically enumerated in the document, and thus requires the different sovereigns (state and federal) to compete for the affection of the … More

    The Case for Justices Staying Home

    The New York Times highlighted a speech that Justice Clarence Thomas delivered at a Florida law school in which he defended the Supreme Court’s recent campaign finance decision in Citizens United v. FEC.  In that speech, Thomas also addressed why he chose to forgo the president’s state of the union … More

    Judge David Hamilton's Record

    Today, the Senate may vote to limit debate on the nomination of Judge David Hamilton to the 7th Circuit Court of Appeals, a significant federal court which covers Illinois, Indiana, and Wisconsin, and whose opinions are more often than not the final word in cases. By limiting debate, Senators will … More