Impeccable liberal sources, including the editorial page of The New York Times, insist that the court is radically activist and conservative, regardless of its decision to uphold the Affordable Care Act. Conservative observers continue to intone that the court is liberal and out of touch with America — as it has been for nearly 60 years, since Earl Warren was named chief justice in 1953.
Read More »Commentary: Liars have a constitutional right to free speech
Lost in the hoopla over the U.S. Supreme Court’s ruling upholding the Affordable Care Act is a fascinating and important free-speech decision that is one of the oddest in the already strange history of the First Amendment.
Read More »Commentary: Back-loaded opinions don’t serve justice
For court watchers, the drama is becoming unbearable. With just two weeks left on the U.S. Supreme Court’s calendar to announce opinions, the five most important cases of the term all remain undecided.
Read More »Commentary: China’s censorship rules mirror our history
What’s the opposite of free speech? If you answered, “totalitarian censorship,” you are right — and you are old.
Read More »Commentary: Strip-search case reflects death of privacy
To be the swing voter, you have to be willing to swing. In the last three weeks, U.S. Supreme Court Justice Anthony Kennedy has shown how it’s done.
Read More »Commentary: Court should see economic sense on health care
When the sun hits the brilliant white marble of the Supreme Court building on a clear spring day, it is so bright you can’t look at it. Thus illuminated, the court becomes the sun: the epicenter of the Washington world.
Read More »Commentary: Ginsburg’s right, U.S. Constitution is a bad model
U.S. Supreme Court Justice Felix Frankfurter had a close shave with public embarrassment recently — which might seem impossible for a man who has been dead for almost 33 years.
Read More »Commentary: For better government, don’t kill all the lawyers
Most everyone hates lawyers. So it probably isn’t a surprise that many people hate law professors, too. A recent front-page article in the New York Times, much discussed in legal circles, was the latest salvo in what is now a long line of attacks depicting the legal academy as impractical and unworldly.
Read More »Commentary: Conservative health-care split offers a path
What will the U.S. Supreme Court do with the constitutional challenge to the health care law? Prediction, always a delicate business, is even harder when high-stakes politics affects a case.
Read More »Commentary: Al-Awlaki memo furthered Bush legacy
Killing terrorists with drones is great politics. To the question, “Is it legal?” a natural answer might well be, “Who cares?”
Read More »U.S. dilemma exposed by Somali terror case
What do you do with a captured terrorist? Throw him in the brig. That’s what was done with Ahmed Abdulkadir Warsame, the Somali who in April was plucked from a fishing boat off the East African coast between Yemen and Somalia. Once you’ve got him, though, the legal troubles begin.
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