Archive for the 'Judicial Activism' Category
Surprisingly Candid McCain and Obama Discuss Current SCOTUS Makeup, Nomination Process at the Saddleback Civil Forum
2 Comments Published by James August 17th, 2008 in Antonin Scalia, Barack Obama, Clarence Thomas, David Souter, John McCain, John Paul Stevens, John Roberts, Judicial Activism, Justices and Judges, Presidential Debates, Presidential Election, Ruth Bader Ginsburg, Samuel Alito, Stephen Breyer, Supreme CourtEarlier tonight, Senators John McCain and Barack Obama joined Pastor Rick Warren at his California megachurch for an event pegged as “The Saddleback Civil Forum on the Presidency.” The interviews, each an hour in length, were separated by thirty-six tense seconds in which the presumptive nominees shared the stage (and an awkward hug [video here!]). [...]
The Silliest Editorial
0 Comments Published by Kedar October 5th, 2007 in Clarence Thomas, Judicial Activism, Justices and Judges, Supreme CourtThe New York Times features an editorial today about Clarence Thomas today entitled “The Angriest Justice.” The author argues that because Justice Thomas wrote a book that may not be “consistent with the dignity of the court,” he could be an impartial jurist. The problem with Justice Thomas’s book, “My Grandfather’s Son,” is that it [...]
Constitutional Counter-Culture
0 Comments Published by Kedar September 22nd, 2007 in Constitutional Law, Democrats, Judicial Activism, Originalism, Republicans, Supreme CourtRobert Post and Reva Siegel have a rather interesting, albeit inconclusive article about liberal constitutionalism over at The New Republic. I’ve written at great length about the issue (here and here) and my own democratic game-plan lines up closely alongside theirs. They note that the recent rise of originalism can be attributed to the parallel [...]
Conservatives Don’t Like Justice Breyer
0 Comments Published by Kedar August 1st, 2007 in Judicial Activism, Justices and Judges, Politics, Republicans, Stephen Breyer, Supreme CourtRedState.com is probably the most legit conservative blog on the ‘net, placing them in a position of legitimacy just above Tom Delay’s Blog and below PerezHilton.com. As a conservative blog, it should surprise no one that they aren’t huge fans of Justice Breyer or any members of the liberal block. Now that conservatives been winning [...]
Could Antonin Scalia Be The New John Marshall?
1 Comment Published by Kedar July 29th, 2007 in Antonin Scalia, History, Judicial Activism, Justices and Judges, Supreme Court, Vintage SCOTUS…I doubt it, but history suggests that Justices who were out of touch with their contemporaries periodically appear rather favorably to future generations. I was culling through my old copy of “The Supreme Court in US History” for some other posts (here and here) when I discovered this interesting passage about the great Chief Justice [...]
Sorry Arlen, But You Can’t Return Supreme Court Justices
2 Comments Published by Kedar July 27th, 2007 in Civil Liberties, Congress, Constitutional Law, John Roberts, Judicial Activism, Justices and Judges, Samuel Alito, Stephen Breyer, Supreme CourtApparently Arlen Specter isn’t particularly happy with the recent Stare Decisis-related performances of Chief Justice Roberts and Justice Alito. I’m not exactly sure what he wants to do about it, but it looks like he just wants to take a look at past decisions and remarks from the two Justices and decide whether or not [...]
Strict Construction and the Right to Privacy
0 Comments Published by Kedar July 19th, 2007 in Abortion, Civil Liberties, Civil Rights, Constitutional Law, Judicial Activism, Privacy, Supreme CourtUnlike the flagship conservative judicial philosophy of originalism, I think there is a lot of value in ‘strict constructionism.’ I’m pretty sure that most people would agree with me wholeheartedly because ‘strict constructionism’ is one of those universally good concepts along with ‘peace’, ‘love’, and ‘unix.’ Everyone (almost) agrees that peace is a good thing. [...]
Why Courting Americans with the Court Won’t Work for Democrats
2 Comments Published by Kedar July 18th, 2007 in Blogosphere, Constitutional Law, Current Events, Judicial Activism, Politics, Presidential Election, Supreme CourtA lot of pundits have been calling for the democrats to make the Court a major campaign issue in light of the massive setback that is known as the 2006 Term. Some argue that democrats need to ‘control the issue’ and take judicial activism to the people. The problem with this notion is that these [...]
If I Hear One More Word About Clarence Thomas And Originalism…
4 Comments Published by Kedar July 12th, 2007 in Antonin Scalia, Blogosphere, Blogs, Civil Rights, Clarence Thomas, Constitutional Law, Equal Rights, History, Judicial Activism, Politics, Republicans, Supreme CourtI am going absolutely crazy with all the talk of Clarence Thomas and his total perversion of originalism. I’m not one to rant, but this is the closest I will ever come to declaring an absolute- Originalism is NEVER appropriate. Thats right, there is never an instance where it is appropriate to take our noses [...]
Just When I Thought I Was Out, They Pull Me Back In
1 Comment Published by Kedar July 2nd, 2007 in Constitutional Law, John Roberts, Judicial Activism, Justices and Judges, Supreme CourtJust as I was starting to think that the WSJ was shedding a bit of its conservative bias, Peter Lattman writes this. He writes a short post that glorifies the suddenly clear-cut message that the Robert’s Court is sending to lower courts. In Lattman’s opinion: [I]n case after case, the court shifted toward what Chief [...]



