One of the frequent claims we hear from liberals is that the justices on the Supreme Court who are dubbed “conservative” are (in contrast to the liberal justices) just driven by politics, pro-business and anti-plaintiff, and not considerate of due process and that cases are constantly decided by 5–4 splits …
Todd Gaziano has outlined at the Foundry the legal doctrine of executive privilege that President Obama has asserted in the congressional investigation of Operation Fast and Furious. The most important part of that doctrine to understand is that a President cannot assert executive privilege for the purpose of hiding wrongdoing …
It was no surprise today that the most liberal (and most-overturned) federal appeals court in the nation, the Ninth Circuit, refused a request for a rehearing by the entire court of the decision by a three-judge panel that found California’s Proposition 8 unconstitutional. This means that the proponents of Proposition …
The Court’s morning session concentrated on whether, if the individual mandate is held unconstitutional (as looks increasingly likely after yesterday’s argument), it can be cleanly severed from the rest of ObamaCare, and if not, what other portions of the act must the Court strike down with it. The Court’s afternoon …
The packed hearing room of the Supreme Court was a who’s who of lawyers and political leaders this morning, all of whom witnessed what was an undeniably bad day for the Obama Administration and its defense of the President’s health care law. Paul Clement and Michael Carvin, attorneys representing those …
Medical malpractice reform is needed in many different states, but an effort currently underway on this issue in Congress is misguided. Legislatures in places like Texas that passed measures intended to reform the court processes used to make claims against doctors and hospitals and to stop abusive litigation have seen …
If you want to see an illustrative example of Supreme Court Justices Ruth Bader Ginsburg and Stephen Breyer making decisions based on their personal ideologies and political opinions—as opposed to the actual evidence submitted in the cases before them—look no further than an order issued February 17 in American Tradition …
In what is most likely a positive development, the Supreme Court has granted certiorari in Fisher v. University of Texas, a lawsuit filed by Abigail Fisher, whose application to UT Austin was rejected in 2008. As I explained in an article at National Review, Fisher would almost certainly have been …
Today, in a 2–1 decision, the U.S. Court of Appeals for the Ninth Circuit ruled against Proposition 8, the California ballot measure that defined marriage in the California constitution as one man and one woman. The appeals court decision upholds the decision of the lower court, which struck down Prop …
