Why Supreme Court Opinions Are Not the “Law of the Land”, and How to Put Federal judges in Their Place

December 10, 2018 Constitution / SCOTUS 0

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Merrick Garland and Brett Kavanaugh: Two Peas in a Pod?

October 10, 2018 Constitution / SCOTUS 0

Many conservatives cheered Judge Brett Kavanaugh’s confirmation to the Supreme Court, convinced his presence will turn the tide toward liberty. For the first time in decades, “conservatives” hold a firm ...

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Avoiding the Next 50-48 Vote: Disempower the Court

After the Senate voted 50 to 48 to confirm Justice Brett M. Kavanaugh, Senator Elizabeth Warren tweeted that she was “not going to sugarcoat anything. We lost a tough fight. ...

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Amanda Tyler and the Original Meaning of the Habeas Corpus Suspension Clause

September 27, 2018 Constitution / History / SCOTUS 0

While the original Constitution certainly had some defects — especially that it allowed slavery — it was in many ways an amazingly protective document. It was a classical liberal document ...

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Vetting Kavanaugh According to the Constitution

September 7, 2018 Constitution / SCOTUS 0

When Donald Trump nominated Brett Kavanaugh for the supreme Court, he did what is likely the most important act a president of these United States can possibly do, constitutionally speaking. ...

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What Brett Kavanaugh’s Previous Hearings Tell Us About His Judicial Philosophy

August 1, 2018 Constitution / SCOTUS 0

Hours after President Donald Trump announced his nomination of Judge Brett Kavanaugh to the Supreme Court, Senate Minority Leader Charles Schumer, D-N.Y., said: “The American people deserve to know what ...

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The Kavanaugh Hearing: A Battle of Two Constitutions

<Watch or listen to the panel discussion here> Legal scholars and Supreme Court experts will discuss the best strategies as the Senate Judiciary Committee prepares for its hearing.  

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Citizens Do Not Agree that the Supreme Court Is Too Conservative

July 20, 2018 Government / SCOTUS 0

Both journalists and academics argue that the current Supreme Court is one of the most right wing courts in our history. Some even predict that Brett Kavanaugh’s nomination may cause ...

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Impeaching Judges: Some Preliminary and Prior Thoughts

July 19, 2018 Constitution / SCOTUS 0

I am in the midst of a series of posts about the constitutional power of impeachment. I began outlining my overall thesis: that the power of impeachment is, as a ...

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Check Your Supreme Court Privilege

July 6, 2018 Government / SCOTUS 0

In my last post, I noted that Justice Ruth Bader Ginsburg had failed to recuse herself from the travel ban case and that she had failed even to issue an ...

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