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    Obama's Empathy Standard

    President Barack Obama outlined his criteria for appointing a replacement for retiring-Justice David Souter today. In Obama’s world, justice should not blind, instead: I will seek …. someone who understands justice and isn’t about some abstract legal theory or footnote in a case book, it is also about how our … More

    Obama’s Outcome Based Jurisprudence

    Following the news that Justice Souter will be retiring this summer after the Supreme Court’s present term ends, President Obama dropped into the White House briefing room this afternoon and commented on how what he will be looking for in a replacement. Unfortunately, his remarks were in keeping with his … More

    Not a Zero-Sum Game: Replacing Justice Souter Risks a More Activist Court

    Though certainly no originalist, Justice David Souter is not a complete judicial activist, either. On a number of cases and issues, he has rejected the activist “empathy” standard promoted by President Obama to instead cast votes and write opinions that are in accord with the demands of the Constitution and … More

    A Supreme Court Vacancy: What’s at Stake, What’s Required

    The news that Justice David Souter will be resigning from the Supreme Court has left some conservatives momentarily confused. It should not. As much as Justice Souter disappointed those faithful to the Constitution, and those disappointments are legion, he was reasonable or even sound in several key areas (more will … More

    The Specter Defection Policy Ramifications

    Senator Arlen Specter of Pennsylvania, the longest serving Senator in Pennsylvania history, has made some history today by switching from the Republican to the Democrat Party. Specter’s switch will have policy ramifications for conservatives. As of today, 59 Senators caucus with the Democrats, including Specter, socialist Senator Bernie Sanders of … More

    Advice for Obama on Picking Judges

    In light of Obama’s appointment of Judge David Hamilton to the Seventh Circuit Court of Appeals yesterday, Quin Hillyer’s article in DC Examiner is particularly timely, and worth a read. The article features advice offered to Obama by Clinton administration Acting Solicitor General Walter Dellinger, National Journal columnist Stuart Taylor, … More

    The Tweety Bird Defense

    Those who remember the Warren Court recall imaginative renderings of the constitution to expand criminal’s rights coupled with outright judicial hostility to police. The result was a national crime wave only recently curbed by new police techniques and more favorable rulings from the Supreme Court. Now that Barack Obama has … More

    The Senate's Glacial Pace of Judicial Confirmations

    For the first time this year the Senate acted on President Bush’s judicial nominees, confirming five yesterday, including one appellate court nominee, in what can best be described as a miracle given the glacial pace Judiciary Chairman Patrick Leahy (D-Vt.) and Majority Leader Harry Reid (D-Nev.) are moving. Not since … More