It’s an unfortunate truth about Washington: Those who decide the great issues of the day seldom see the practical results of their legislative or judicial handiwork. Court decisions almost always involve lofty discussions of constitutional rights, legal theory, and precedent. So it was last year when the Supreme Court upheld …
In last week’s hearings to determine whether former Harvard Law School dean Elena Kagan should be a justice of the U.S. Supreme Court, a number of liberal Senators criticized the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co. as the work of “conservative activists.” In Ledbetter, …
In her questioning of Elena Kagan yesterday, Sen. Dianne Feinstein (D-CA) asked about the degree to which courts should defer to agency constructions of statutes, pointing to a 2006 Supreme Court decision regarding the Clean Water Act (CWA) that left intermittent seasonal streams unprotected. Kagan told Senator Feinstein she did …
After helping to strike down the Chicago handgun ban, the winners in today’s Supreme Court decision promised, in an exclusive interview with the Heritage Foundation, that more such cases would be coming in the next few weeks. Alan Gura, lead attorney for the plaintiffs, promised, “There will be future cases, …
Moments ago, the Supreme Court announced that, Yes Virginia, the Second Amendment does in fact apply to the states, and thereby struck down Chicago’s complete ban on handgun possession. But this decision (and the Court’s prior decision in Heller) raises still other questions which will likely have a substantial impact …
Following President Obama’s unseemly attack on members of the Supreme Court because of their ruling in Citizens United v. FEC during this year’s State of the Union address, a whole chorus of liberals, including Obama’s press secretary, congressional Democrats, the editorial writers of the New York Times, and a number …
