Archive for the 'Judicial Activism' Category

Earlier 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 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 [...]

Robert 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 [...]

RedState.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 [...]

…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 [...]

Apparently 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 [...]

Unlike 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. [...]

A 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 [...]

I 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 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 [...]




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