• The Heritage Network
    • Resize:
    • A
    • A
    • A
  • Donate
  • Legal

    Court: Terrorists Held Overseas Not Due Habeas

    The D.C. Circuit Court of Appeals just issued a blockbuster opinion that vindicates both the Bush and Obama administration’s positions regarding whether detainees captured overseas and held in Afghanistan have the constitutional right to challenge their detention via habeas corpus. The appeals court, in a methodical opinion reversing a lower … More

    Bowing Again, to Mexico this Time

    Undeterred by the lack of success so far of the Obama Doctrine (apologize for America to foreign leaders, and if that doesn’t work, bow), President Obama today took the unprecedented step of publicly siding with Mexico against the state of Arizona. President Obama did this while standing next to the … 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

    President Obama’s Supreme Court Double Standard

    Senator Barack Obama said the following about the Harriet Miers nomination to the Supreme Court according to Greg Sargent in The Plum Line (Washington Post) in 2005: Harriet Miers has had a distinguished career as a lawyer, but since her experience does not include serving as a judge, we have … More

    Kagan's Inaction on Second Amendment Case Raises Questions

    Much of the discussion and speculation about Elena Kagan’s legal philosophy is limited by her very thin record of scholarship, along with an almost complete lack of experience in the courtroom or participation in litigation through amicus briefs prior to her appointment last year as solicitor general. So we must … More

    Fighting Terror Through Courts: Not Good for Courts, Not Good for Safety

    Since coming into office the Obama administration has insisted on approaching all terrorist attacks as a law-enforcement-only problem. For purely ideological reasons, Attorney General Eric Holder has refused to learn what the rest of the country already learned from the 1990s and 9/11: that this unconventional enemy requires the government … More

    Kagan's Gun Problem

    Elena Kagan may be hostile to the view that the 2nd Amendment to the Constitution protects American’s individual right to keep and bear arms.  Bloomberg reports today, “Kagan Was ‘Not Sympathetic’ as Law Clerk to Gun-Rights Argument.”  With the evidence presented by the Los Angeles Times that Kagan was very … More

    Elena Kagan’s Double Standard

    President Obama’s nominated Solicitor General of the United States, Elena Kagan to be justice on the Supreme Court yesterday.  Kagan has no judicial experience and a scant record of writing, but Kagan did express a very illuminating opinion concerning the Senate’s confirmation process.  In a book review of “The Confirmation … More

    Guest Blogger: Sen. George LeMieux (R-FL) on Checking the Balance of Power at the Supreme Court

    This summer, the United States Senate will make one of the most solemn determinations within our constitutional system – whether to confirm a president’s nominee to a lifetime of service on the United States Supreme Court. When considering a nominee for the vacancy created by Justice John Paul Stevens’ retirement, … More

    A Victory for the Rule of Law

    Do you remember Anna Nicole Smith? The Playboy model died from a drug overdose back in 2007, but the litigation over her late husband J. Howard Marshall’s estate lived on. After forum shopping for a friendly venue and multiple appeals that went all the way to the United States Supreme … More