SCOTUS’ Consistent Inconsistency on Voting Cases

A defensible distinction could give way to a Constitutional crisis.

Was I Wrong on Harriet Miers?

Rethinking what qualities we should be looking for in Supreme Court Justices.

They Had the Votes

Disconnected representation in action.

Susan Collins’ Meaningless ‘No’ on Barrett

A desperate re-election gambit that has no impact on the outcome.

Judiciary Approves Barrett Despite Democratic Boycott

Chuck Schumer and company sent a signal to their base against a fait accompli.

Thoughts on ACB and SCOTUS in General

Some judicial alphabet soup in dialog with my co-blogger.

Biden Open to SCOTUS Expansion

After weeks of evasion, the frontrunner hints at a compromise policy.

SCOTUS Stays Order Requiring Census to Keep Counting

A legally correct ruling based on a lie.

SCOTUS Kills Trump Emoluments Suit

The Emoluments Clause is essentially unenforceable.

Inside People of Praise

It’s not a cult but not exactly mainstream, either.

Hypocrisy on SCOTUS Confirmations?

An unconvincing attack on the Democratic position.

Amy Coney Barrett Nomination Coming Today

Multiple reports have the Notre Dame graduate replacing Ruth Bader Ginsburg.

A Court-Packing Plan I Could Support

A Solomonic solution from the commentariat.

More On Expanding The Supreme Court

It’s time to accept the desecration of our political constitution.

Against Packing the Supreme Court

Legitimacy hangs in the balance.

A Defense of Expanding the US Supreme Court

It is about finding ways to combat minority rule.

Ginsburg, Garland, and Court Packing

Two related discussions.

Ruth Bader Ginsburg, 1933-2020

The iconic Supreme Court justice has died at the age of 87.

President Donald J. Trump disembarks Marine One Sunday Aug. 9, 2020, at the Elberon Park landing zone in Long Branch, N.J. (Official White House Photo by Shealah Craighead) President Donald J. Trump disembarks Marine One Sunday Aug. 9, 2020, at the Elberon Park landing zone in Long Branch, N.J. (Official White House Photo by Shealah Craighead)

Six Responses to Six Scenarios

Yet another call for military intervention in domestic politics.

SCOTUS Refuses to Block Trump’s Illegal Wall

The Supreme Court isn’t taking much of a break this year.

Casinos Open, Churches Closed

A bizarre but possibly correct ruling by the Supreme Court.

The Ridiculousness of Life Appointments

Another way in which the Framer’s really didn’t understand what they were creating.

Is the Death Penalty Unconstitutional?

Dissenters to a denied emergency appeal argue it is.

More McGirt Musings

What has the Supreme Court wrought?

Trump’s Twitter Tirade

The President of the United States is displeased.

Supreme Court Says Eastern Oklahoma is Indian Country?!

Congress forgot to disestablish a Creek Reservation created by treaty in 1833 and 1856 when it made Oklahoma a state in 1909.

SCOTUS: Trump Not Above Law, Must Release Taxes

A mixed ruling: New York wins, Congress loses–but no release before the election.

Supreme Court Upholds ‘Faithless Elector’ Laws

States can punish Electors who substitute their judgment for those of the voters.

SCOTUS Allows Subsidies for Religious Schools

A seemingly obvious result that isn’t.

Why Roberts Sided with Abortion Rights

Is the Chief Justice laying a trap or simply ‘calling balls and strikes’?

Supreme Court Strikes Down Louisiana Abortion Law

A reprise of an almost identical case with a different group of Justices–and the Chief Justice switching sides.

SCOTUS Denies Emergency Order to Allow Texans to Vote By Mail

Whether the 26th Amendment precludes giving preferential treatment to the elderly will have to wait for another day.

SCOTUS Rules Asylum Seekers Can’t Challenge Rejection in Court

A 7-2 decision by the highest court in the land is less decisive than the numbers suggest.

SCOTUS Hands Trump DACA Defeat

Donald Trump would be a more effective and dangerous President if he and his team were more competent.

Interpreting Interpretation

A too-long discourse on how courts should function.

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Supreme Court Rules LGBT Discrimination Illegal

The 6-3 opinion written by Justice Gorsuch and joined by Chief Justice Roberts defies conventional wisdom.

Are Electors Free to Choose?

SCOTUS and “faithless electors.”

Biden v. Kavanaugh

And a broader discussion of the ongoing Tara Reade story.

SCOTUS Rules Congress Can’t Reneg on ObamaCare Insurer Bailout

An 8-1 rebuke from the nation’s highest court.

Wisconsin’s Election Mess

The state is voting during the high point of a global pandemic because Republicans forced it.

Trump Floats National Quarantine, Backs Off

The Constitution in times of extreme crisis.

Lousiana’s Weak Case for Abortion Regulation

A case that should never have made it to the Supreme Court.

Ginsburg Says Start Over on ERA

A feminist icon offers some advice her allies will not want to hear.

What if November’s Loser Refuses to Concede?

There’s a very real possibility the legitimacy of the 2020 election will be contested.

No, Citizens United Didn’t Ruin Our Democracy

Money has increasingly dominated American politics but the court case had little to do with it.