David Wagner

In Trump v. Hawaii, activists want to curtail presidential authority over foreign policy because they don’t like President Trump.

As an institution, the jury—especially in civil cases—is having a bad run these days. Nobody likes that summons in the mail (even though clerks-of-court in the electronic era have figured out ways to make jury service less of a hassle). Experts who monitor medical-legal issues scoff at the notion…

On September 18, in Conaway v. Deane, Maryland became the latest in a string of non-Bible Belt states whose high courts have declined to impose recognition of same-sex marriages.

IF NOT NEW JERSEY, then (besides Massachusetts) where? A liberal state with no explicit prohibition on same-sex marriage in state law, and no law barring state officials from performing such marriages for out-of-staters--New Jersey would seem the perfect state in which to persuade the highest court…

THE FUTURE ain't what it used to be. You can't count on the inevitable any more. When the highest court in Massachusetts announced on November 18, 2003, that a right to same-sex marriage was contained in the Bay State's 226-year-old constitution, it seemed as if that court's self-concept--boldly…

ON JUNE 6, when the highest state court in New York dealt a setback to same-sex marriage, editorialists de nounced it as being "on the wrong side of history." These editorials protest too much: Their invocation of historical inevi tability suggests that this very factor is no longer to be counted…

INEVITABLY, liberal angst over the nomination of Judge Samuel Alito has focused on his vote to uphold the entire abortion statute at issue in Planned Parenthood v. Casey, including the spousal notification provision, which was the only part struck down by the rest of the Third Circuit, and later,…

IN 1987, the Reagan administration seriously underestimated the energy and ruthlessness that its opponents would be willing to bring to bear against a Supreme Court nominee.

A NEW VARIATION ON THE "strange new respect" award is needed--in fact, is being developed--for Supreme Court Justice Anthony Kennedy. The worst of Ronald Reagan's appointees to the Court, Kennedy delivered the 5-4 decision on March 1 in Roper v. Simmons, holding that killers who kill before they…