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  • For Federal Judge in Arizona, Not All Words Are Equal

    Last week, a federal judge appointed by President Bill Clinton, Judge Susan Bolton, blocked the enforcement of Arizona Senate Bill 1070, which was passed in an effort to control the flow of illegal immigrants into Arizona. In order to do that Judge Bolton gave a reading of the law and … More

    Tax Break for the Trial Lawyers: A Bad Idea

    Do the nation’s trial lawyers deserve a taxpayer bailout? That’s what they’re after: a special-interest tax break of $1.6 billion. In fact, after Congress refused to consider giving them that break, they are now trying to get it from the Treasury Department. In order to bestow that gift, though, the … More

    Even Kagan’s Witness Admits Liberals Unfairly Criticized The Ledbetter Decision

    In last week’s hearings to determine whether former Harvard Law School dean Elena Kagan should be a justice of the U.S. Supreme Court, a number of liberal Senators criticized the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co. as the work of “conservative activists.” In Ledbetter, … More

    Justice Scalia Could Help Senator Feinstein Understand the Clean Water Act

    In her questioning of Elena Kagan yesterday, Sen. Dianne Feinstein (D-CA) asked about the degree to which courts should defer to agency constructions of statutes, pointing to a 2006 Supreme Court decision regarding the Clean Water Act (CWA) that left intermittent seasonal streams unprotected. Kagan told Senator Feinstein she did … More

    Is Kagan Really More Liberal than Justice Brennan?

    Elena Kagan is a notably opaque Supreme Court nominee. In order to perform their constitutional function, the members of the Senate will have to reach a conclusion about her views and whether they are in the mainstream. Certain of the documents that she has generated give clues that lead to disturbing answers. … More

    Justice Stevens’s Record on Law Enforcement Issues

    The argument that constitutionalists should not object if President Obama replaces a liberal justice with another liberal (for 30 more years?) is absurd for several reasons, including that such simple political labels don’t fit what most judges do. More to the point, while Justice Stevens’s decisions frequently disappointed those who … More

    Chen, Butler and Schroeder: Three Judicial Nominees Up In Senate

    At its Executive Business Meeting on February 4, 2010, the Senate Judiciary Committee sent the nominations of Edward Chen, Louis Butler, Mary Smith, and Christopher Schroeder to the floor for consideration by the Senate. President Obama resubmitted those nominations in January after the Senate adjourned in December without acting on … More

    The Nebraska Compromise and the Constitution

    In a letter to House Speaker Nancy Pelosi (D-CA) and Senate Majority Leader Harry Reid (D-NV), dated December 30, 2009, the Attorneys General of 13 States have objected to the so-called Nebraska Compromise that reportedly won the crucial support of Senator Ben Nelson (D-NE) for the Senate health care takeover … More