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    One Nation: Students Turned Into Criminals

    Twelve-year-old Ansche Hedgepeth grabbed an order of French fries after school on her way to the Tenleytown/American University Metrorail station in Washington, D.C. The Washington Metropolitan Area Transit Authority had decided to kick off a week of “zero tolerance” enforcement of “quality of life offenses.” When a police officer noticed … More

    Supreme Court Saves the Mojave Desert Cross – For Now

    The U.S. Supreme Court yesterday handed a defeat to activists and other litigants whose extreme views motivate them to try to eliminate from public life almost every symbol and expression of religion. By a slim 5-4 margin, the Court in Salazar v. Buono reversed the U.S. Court of Appeals for … More

    A Voting-Rights Case to Watch

    Roger Clegg and I recently reported on the lawsuit filed in the first week of April on behalf of residents of Kinston, N.C., contesting the constitutionality of Section 5 of the Voting Rights Act. Section 5 is the supposedly temporary “emergency” measure first passed in 1965 that requires states like … More

    One Nation Under Arrest

    If you did not know that you were supposed to affix a federally mandated sticker to your otherwise lawful UPS package, should you be arrested face down on the pavement by FBI agents training automatic weapons at you? Our hunch is that most reasonable Americans would respond with an emphatic … More

    Professor Liu as the Wizard of Oz

    Until last Friday, I did not realize that the Obama administration is apparently using Frank Morgan’s performance as the Wizard of Oz as training material for its judicial nominees. What else can one make of Ninth Circuit nominee Goodwin Liu’s testimony before the Senate Judiciary Committee? Liu said, in reference to his … More

    Membership Doesn’t Have Its Privileges: Liberty on Trial in the Martinez Case

    Groucho Marx famously quipped to the Friar’s Club of Hollywood that he didn’t “want to belong to any club that will accept people like me as a member.”  On Monday the Supreme Court heard oral arguments in a case where Groucho-like humility is nowhere in evidence. In CLS v. Martinez, … More

    What Is The Legal Left So Afraid Of?

    Last Friday, President Barack Obama’s nominee for the Ninth Circuit Court of Appeals, University of California at Berkeley law school Associate Dean Goodwin Liu, testified before the Senate Judiciary Committee. It was not the first time Liu was before this Senate panel. In 2006 Liu testified against Supreme Court Justice … More

    Justice Breyer's "Outrageous" Statement

    Justice Breyer’s suggestion yesterday at a congressional budget hearing that the Supreme Court will likely wind up passing judgment on various aspects of the Obamacare law should surprise no one. The Court’s shrinking docket has been a topic of Congressional inquiry for years, and it is not unusual for lawmakers … More

    Justice Stevens, Voter ID Laws, and the Future of the Supreme Court

    With the long expected retirement announcement by Justice John Paul Stevens on Friday, President Obama gets a second opportunity to shape the Supreme Court to match his very activist view of the law and the role of judges. That role, according to the President, is not to interpret the Constitution … More

    Statement by Former Attorney General Ed Meese on the Retirement of Justice Stevens

    Following the retirement announcement by Justice John Paul Stevens today, it is now up to the United States Senate to ensure that the successor justice will be a responsible jurist who will remain faithful to the Constitution. Never has it been more important in our nation’s history that the next … More