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  • Rule of Law

    Restore the courts to their constitutional role which is to apply the laws as written, to protect individual rights, and to enforce constitutional limits on government.

    Dismissing the Black Panthers and the Professionals at Justice

    We now have the second casualty of the Obama Administration from the New Black Panther voter intimidation case. Christian Adams, one of the career trial lawyers who worked on the case, submitted a letter of resignation on Friday, May 14 (effective June 4) apparently in disgust over “the events surrounding the … 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

    Court Upholds Life Without Parole for Juvenile Killers

    There are positive and negative aspects to today’s 6-3 Supreme Court ruling in Graham v. Florida that it is unconstitutional to sentence a juvenile non-homicide offender to life without the possibility of parole. On the positive side, the Court upheld the constitutionality of life without parole (LWOP) for juvenile killers. … 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, Mystery Nominee

    Elena Kagan is an enigma as a Supreme Court Justice nominee: her practice record is slender, and her publications are few and far between. In the latest Heritage in Focus podcast, senior legal fellow Robert Alt discusses what we know about Kagan, and how her views could shape constitutional litigation … 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