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    Grand Theft Auto: D.C. Metro Edition

    Washington, D.C., is often described as being out of touch with the rest of the country. However, our nation’s capital and the rest of the country are in lockstep regarding civil forfeiture—the often-abused ability of the government to seize property involved in crimes. In May 2011, Frederick Simms was pulled … More

    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

    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

    From the Horse’s Mouth: D.C. Circuit Doesn’t Need More Judges

    At a Senate Judiciary Committee hearing to consider the nomination of Cornelia “Nina” Pillard, Senator Chuck Grassley (R–IA) questioned whether the Senate should confirm any additional judges to the D.C. Circuit. Putting aside serious concerns about Pillard’s radical positions on sex education, abortion, and religious liberty, Republicans and Democrats have … More

    Judicial Activism: Trading the Stable Rule of Law for the Fickle Rule of Men

    Last week, the Supreme Court of the United States announced that it would bar most forms of protest on the marble plaza in front of the court, as well as other surrounding areas on the court’s grounds, in part to protect “the appearance of the court as a body not … More

    Congress Takes a Positive First Step to Address Overcriminalization

    On Tuesday, Congress took a definite step in the right direction toward addressing the serious problem of overcriminalization by announcing the creation of a bipartisan House Committee on the Judiciary Over-Criminalization Task Force of 2013. The task force, which will be chaired by Representative James Sensenbrenner (R–WI), will consist of … More

    Keeping Judges Out of the Foreign Policy Arena

    This week, the Supreme Court issued a historic decision that will help prevent U.S. courts (and activist judges) from interfering in foreign policy issues that are—and should be—the constitutional prerogative of the executive and legislative branches. Kiobel v. Royal Dutch Petroleum involved the Alien Tort Statute (ATS), which was passed … More

    A Victory Against Judicial Activism

    A recent decision by the federal district court for the District of Columbia highlights the importance of proper statutory interpretation and fidelity to the text of laws. Judicial activism comes in a variety of forms and is certainly not limited to the act of striking down a law, as some … More

    President Obama: An Advocate for a Restrained Judiciary?

    Yesterday in a joint press conference with the Canadian prime minister and Mexican president, President Obama expressed his confidence that the Supreme Court will uphold his signature health care law, following more than six hours of oral argument before the Court last week. Obama suggested that the Court—not Congress—would be … More