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    The Kagan Rush to Judgment

    The Senate hearing for Supreme Court nominee Elena Kagan starts on Monday, June 28.  Senator Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee, has refused Republican requests to delay the hearing.  The Republicans have a very good and justified reason for that request – the huge number of … More

    Supreme Court Strikes a Blow Against Overcriminalization

    Exposing the extent to which criminal law has expanded, the Supreme Court today narrowed the scope of the federal “honest services” fraud statute and called into question the validity of Enron executive Jeffrey Skilling’s conviction.  Justice Sonia Sotomayor and two other “liberal” justices would have gone even further than the … More

    Yes, Virginia, Supporting Terrorists IS a Crime

    On June 21, in Humanitarian Law Project v. Holder, the Supreme Court reaffirmed the painfully obvious – that providing material support to terrorists is a crime and that Congress’ saying so is not a violation of the Constitution.  That it took more than 10 years to reach this conclusion, and … More

    House Democrats Schedule Floor Vote on DISCLOSE Act

    House Democrats have tentatively scheduled a floor vote this week on the DISCLOSE Act, a campaign finance measure they hope will counter the Supreme Court’s Citizens United decision. A source on Capitol Hill confirmed the Democrats’ plans, but noted that Speaker Nancy Pelosi has a lot to get done before … 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

    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

    Membership Doesn’t Have Its Privileges: Liberty on Trial in the Martinez Case

    Groucho Marx famously quipped to the Friar’s Club of Hollywood that he didn’t “want to belong to any club that will accept people like me as a member.”  On Monday the Supreme Court heard oral arguments in a case where Groucho-like humility is nowhere in evidence. In CLS v. Martinez, … More

    Justice Stevens, Voter ID Laws, and the Future of the Supreme Court

    With the long expected retirement announcement by Justice John Paul Stevens on Friday, President Obama gets a second opportunity to shape the Supreme Court to match his very activist view of the law and the role of judges. That role, according to the President, is not to interpret the Constitution … More

    Statement by Former Attorney General Ed Meese on the Retirement of Justice Stevens

    Following the retirement announcement by Justice John Paul Stevens today, it is now up to the United States Senate to ensure that the successor justice will be a responsible jurist who will remain faithful to the Constitution. Never has it been more important in our nation’s history that the next … More

    EXCLUSIVE: Judge Andrew Napolitano on the Retirement of Justice Stevens

    As we mentioned earlier today, Judge Andrew Napolitano, author and Fox News analyst, sat down with us this week to discuss a number of issues. In addition to the tea party and Obamacare, we also talked about what it would mean for Justice Stevens to retire and what type of … More