The future is bleak for democrats and judicial liberals. The average age of the four conservatives is 60.75 years (Roberts(53), Scalia (72), Thomas(60), Alito(58)). The average age of the four liberals, however, is 75.7 years (Stevens(88), Souter(69), Ginsburg(75), Breyer(70)). Justice Stevens, an active octogenarian and avid tennis player who frequently reads briefs on the beach [...]

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!]). [...]

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 [...]

Although my friends and family would call me argumentative to fault, I try to make a point of admitting when I’m wrong. I’ve been watching this spectacular debate between Justices Breyer and Scalia and it looks like I might have seriously underrated the value of originalism. If you have 90 minutes to spare, I suggest [...]

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 Roberts Court is sending to lower courts. In Lattman’s opinion: [I]n case after case, the court shifted toward what Chief [...]

The Court’s decision today to uphold a “partial birth abortion” ban in Gonzalez v. Carhart has been 21-years in the making. Regan-ites Antonin Scalia and Anthony Kennedy joined forces with Thomas, Alito, and the Chief Justice to combat the forces of liberalism that are ever-present in our society. Conservatives have to be pleased with Justices [...]

After an unnecessarily long summary of the Court’s Decision in Massachusetts v. EPA, you should all be firmiliar with the arguments in the case. The blawgosphere has gone into convulsions over the ruling, with conservative reactions ranging from a newfound fear of global dehydration to cries of judicial activism. Liberal blawgs have very little to [...]



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