C-Span followed Clarence Thomas around his book release party at the home of Armstrong Williams. Its a rather amusing video with cameos from David Souter, Antonin Scalia, John Roberts, Stephen Breyer, Samuel Alito, the ever-lovely Ruth Bader Ginsburg, Arlen Specter, Lindsey Graham, Dick Cheney and a plethora of mid-major political stars and their spouses. 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 [...]

…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 [...]

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 [...]