Conservative pundits and their mainstream-media abettors are stunned, stunned I say, at the suggestion that a judge’s biography might have some sort of influence on his or her decisions. Somewhere under the Mojave Desert, a cabal of conservative engineers is working on the Adjudicator 9000, the amicus brief-processing automaton that will solve the problem of … Read more
George Will worked himself into quite a lather today about a law review article by some visiting assistant law professor at Duke that argues that the principle of free speech might be subordinated to governmental interests in combating corruption and the distorting influences of wealth on the political process. No surprises here: Will is a … Read more
This past Monday Justin Cosby, 21, was shot in the basement of Kirkland House, one of Harvard’s twelve residences for upperclassmen. The tragic events were a huge surprise to a campus neck deep in finals, papers, and graduation preparations. Basic facts such as why Cosby was in a Harvard residence, how he gained entrance, and … Read more
After the Senate voted 90 – 6 against financing President Obama’s plan to close the Guantánamo Bay detention facility by January 2010, the President spoke today to reaffirm his commitment to closing the facility. The speech made numerous good points, including an explicit refutation of the ridiculous notion, peddled by both Republicans and Democrats, that … Read more
The silly brouhahas that marked the weeks leading up to last year’s election have mostly been forgotten, but one might be on the verge of a comeback. Remember when the conservative punditry was screaming that Obama wants to redistribute wealth using the court system? Well, that old meme might be back, if Roger Kimball at … Read more
The Sri Lankan government is about to liquidate the last remaining holdout of the Tamil Tigers. Their stalemate of a year ago has been broken, and the Tigers are down to apparently a mere four square miles on the coast of Sri Lanka. With fifty thousand civilian hostages being used as human shields, it’s hardly … Read more
One of the constant refrains in articles about David Souter’s retirement is that replacing him with another “liberal” will not change the “basic makeup of the Court.” There are quite a few things wrong with this analysis. As the media often do, they grossly oversimplify and mischaracterize a Supreme Court justice’s philosophy. David Souter is … Read more
After Sen. Arlen Specter’s (D – Pa.) switch to the Democratic Party yesterday, I decided to check out a piece he wrote for The New York Review of Books, “The Need to Roll Back Presidential Power Grabs.” In the piece Specter details his plans to reintroduce legislation designed to limit executive power that failed to … Read more
For an allegedly “grotesque” (but, thankfully, “innocuous”) confusion, Sam Barr’s equation of liberty and equally is pretty well-founded empirically. Think about the history of America. Think about the struggle to integrate non-land-owners, Catholics, Jews, women, blacks and now gays. Surely, as Sam notes, all this expanded both liberty and equality at once. One way to … Read more
I probably can’t add much to what Steve Benen said, but I feel compelled to comment on Byron York’s recent column on “the black-white divide in Obama’s popularity.” York’s entire column is a laundry list of poll numbers showing that Obama is more popular among blacks than whites. His conclusion? “Black Americans will be a … Read more