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    Obama Debunks Claim of Republican Obstruction on Judicial Nominations

    President Obama recently highlighted his success with judicial nominations, saying: We are remaking the courts…[and] when it comes to the district court, [we are] matching the pace of previous Presidents. When it comes to the appellate court, we’re just a little bit behind. This statement stands in stark contrast to … More

    Chief Justice Roberts: “Fundamental Concerns” Surrounding Class Action Awards

    Have you ever received a class action notification? The e-mails and letters contain a lot of legalese—“You might be entitled to an award as a member of this class”—but the end result is usually the same: You sign up, and you receive nothing of value. When class actions settle, everyone … More

    2013 Joseph Story Distinguished Lecture: Judge Diarmuid O’Scannlain

    It is unmistakable that our current Supreme Court plays a robust role in our republic. And according to Joseph Story, that is what the Founders intended. Justices Ruth Bader Ginsburg, Antonin Scalia, and Anthony Kennedy have recently weighed in with their perspectives on the scope of judicial power. In August … More

    How Obama Is Remaking Federal Courts in One Chart

    President Obama and his supporters constantly claim that Senate Republicans are being “obstructionist” and preventing the confirmation of his federal court nominees. If you look at the facts, however, Obama’s confirmation record is higher than the last three Presidents—even though he hasn’t made judicial nominations a priority. As economist John … More

    Same-Sex Marriage Trumps Religious Liberty in New Mexico

    Earlier today, the Supreme Court of New Mexico ruled that the First Amendment does not protect a Christian photographer’s ability to decline to take pictures of a same-sex commitment ceremony—even when doing so would violate the photographer’s deeply held religious beliefs. As Elaine Huguenin, owner of Elane Photography, explained: “The … More

    Sexual Assault in the Military: Fix the Right Problem

    Some conservatives have joined Senator Kirsten Gillibrand’s (D–NY) effort to remove the chain of command from cases of sexual assault in the military. They give the bill’s champion critical conservative cover in her well-intended but ill-aimed battle to create a new prosecution system for military sex crimes. They are trying … More

    Is the Supreme Court "Pro-Business"?

    Erwin Chemerinsky, dean of the law school at the University of California, Irvine, has penned an op-ed for The New York Times repeating the old saw that the U.S. Supreme Court is a “pro-business” court. Dean Chemerinsky’s fundamental misconception is on display right up front: A majority of the justices … More

    Supreme Court’s Mixed Decision on Marriage (VIDEO)

    The Supreme Court announced disturbing decisions today on two important cases dealing with marriage law. The Court refused, however, to create a constitutional right to same-sex marriage. Proposition 8 In its ruling on California’s Proposition 8, the Court declared that the citizen group that sponsored Prop 8 did not have … More

    Supreme Court to Congress on Voting Rights Act: “History Did Not End in 1965”

    In its Voting Rights Act decision today, the Supreme Court struck down an outdated provision that was no longer necessary—because thankfully, “Our country has changed,” as Chief Justice John Roberts put it. The decision did not invalidate the entire Voting Rights Act, and it will not promote discrimination. In fact, … More

    National Labor Relations Board Smacked Down in Court Once Again

    This week, a federal appellate court struck down the National Labor Relations Board’s (NLRB) “poster rule,” finding that the agency does not have the authority to issue such a rule. The poster rule requires more than 6 million employers to post notices at work informing employees of their rights under … More