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    Supreme Court to Rehear Citizens United

    The Ricci decision will get everyone’s attention today and deservedly so, but there is another important case still to be decided by the Supreme Court. In a very rare move, the Court did not issue a decision on the last day of its term in Citizens United v. FEC, a … More

    The Supreme Court vs. Sotomayor

    The chief complaint with Judge Sonia Sotomayor’s handling of Ricci, the New Haven firefighters case, is not that her court reached the wrong result but that it shirked its duty to give the case its full consideration, in an obvious attempt to bury it. That effort, of course, did not … More

    Activism in Action: The Middle School Strip Search Case

    Sometimes judicial activism isn’t about who wins the case. It may be that the Supreme Court got it right today when it ruled that school officials violated the constitutional rights of 13-year-old Savana Redding when they ordered her to shake out her underwear to see if she was hiding more … More

    Understanding Osborne and Access to DNA Evidence

    The immediate reaction to the Supreme Court’s decision in the Osborne case has been both ill-informed and negative. And liberals are already spinning it as the Roberts Court’s latest affront to justice. This is no surprise. It’s easy for political hacks to attack decisions when the public doesn’t understand the … More

    How Many Cases Would Sotomayor Actually get to Hear?

    Besides being a poorly-reasoned decision that threatens independent political activity, the Supreme Court’s holding this week in Caperton v. Massey Coal Company should raise concerns among liberal advocacy groups that are trying to get Sonia Sotomayor confirmed. Taken to its logical conclusion, Caperton might require her to recuse herself in … More

    The Majesty of the Law

    It takes an expensive lawyer…scratch that. It takes a very expensive lawyer, from Sullivan & Cromwell no less, to explain to the Supreme Court that when your client’s CEO said he would “never walk away” from a certain deal, what he really meant was that he would run away from … More

    "Wise Latinas" Make Better Judges: Sonia Sotomayor Meant What She Said

    Last Friday White House press secretary Robert Gibbs tried to defuse the controversy over Supreme Court nominee Sonia Sotomayor’s “wise Latina” comment claiming: “I think she’d say that her word choice in 2001 was poor, that she was simply making the point that personal experience are relevant for the process … More

    “Not Our First Choice”: How Sotomayor Landed on the Bench

    A constant refrain among defenders of Judge Sonia Sotomayor is that she is actually moderate. Ignore her insensitive statements suggesting that there could be physiological differences between ethnicities which contribute to “differences in logic and reasoning.” Ignore her lightly mocking the idea that judges don’t “make law.” Ignore her dismissing … More

    Depends on What Your Definition of 'Advice and Consent' Is

    There are some who believe that the president, having won the election, should have complete authority to appoint his nominee and the Senate should only examine whether the justice is intellectually capable and an all-around good guy; that once you get beyond intellect and personal character, there should be no … More

    Sonia Sotomayor's Second Amendment Problem

    Heritage Senate Relations Director Brian Darling notes: President Obama’s nominee to the U.S. Supreme Court, 2nd Circuit Judge Sonia Sotomayor, owes the American people an explanation on her view of the Second Amendment. Most nominees come before the Senate Judiciary Committee and refuse to answer questions about hot-button issues such … More