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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.

    Ginsburg Said What about Roe?

    Buried in Tuesday’s New York Times interview with Supreme Court Justice Ruth Bader Ginsburg: Q: If you were a lawyer again, what would you want to accomplish as a future feminist legal agenda? JUSTICE GINSBURG: Reproductive choice has to be straightened out. There will never be a woman of means … More

    Questions for Sotomayor on Foreign Law

    In April 2009, Supreme Court nominee Sonia Sotomayor delivered a speech to the Puerto Rican chapter of the American Civil Liberties Union (ACLU), where she made it clear that the Court’s citation of foreign and international law was proper, and indeed laudable.  Sotomayor has not yet cited international law in any … More

    Morning Bell: The Sotomayor Pattern

    Yesterday’s Supreme Court opinion in Ricci, the New Haven firefighters case, provides a window to what will inevitably be a significant line of questioning in Judge Sotomayor’s confirmation hearings. After all, Judge Sotomayor not only reached the wrong decision in this case, allowing overt racial discrimination in protection of what … More

    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

    The Chrysler Stay: Reading the Tea Leaves

    The talk shows last night were all atwitter over Justice Ruth Bader Ginsburg’s grant of a temporary stay for the Supreme Court to consider the application for an emergency stay of the sale of Chrysler to a government-backed shell corporation. What do we know this morning? A few thoughts: The … More