Robert F. Nagel is a constitutional law scholar and professor emeritus at the University of Colorado Law School. He wrote for The Weekly Standard on judicial power, constitutional interpretation, and the role of courts in American democracy. His contributions frequently examined Supreme Court nominations, judicial activism, and the tension between judicial authority and democratic governance.
One of the nice things about getting old these days is that you no longer become an old person. You become a senior citizen. Another is that we old people—wait, we seniors—are able to discern the sudden and sweeping changes in manners and morals and politics that seem to a young person to be just…
No amount of vetting can predict how Brett Kavanaugh, or any other nominee, will perform as a Supreme Court justice
Later this summer the Supreme Court will decide whether the Constitution requires that every state recognize same-sex marriages. Thus, in a ritual that would seem bizarre if it had not become so ordinary, nine lawyers will issue a decision authoritatively resolving subtle and far-reaching issues…
How should we react to the fact that the average length of a prison sentence in the United States has nearly doubled in the last 30 years? That 140,000 inmates are serving life sentences, and more than 100,000 are in prolonged solitary confinement? That California alone incarcerates more inmates…
As is abundantly demonstrated by the commentary on the June 28 decision upholding Obamacare, the drama of constitutional decision-making by the Supreme Court is irresistible. Such a significant issue decided, in effect, by one man! And that man, Chief Justice John Roberts—is he a lawless sellout to…
When Justice John Paul Stevens retires this summer, he will have served on the Supreme Court for 35 years. Known for his bow ties and polite questioning of lawyers during oral argument, Stevens is the archetypical elite lawyer. He comes from a wealthy family, attended prestigious schools, clerked…
With Senate confirmation hearings for Supreme Court nominee Judge Sonia Sotomayor about to get under way, you can feel the usual sense of anticipation building. Reporters, Senate aides, and interest-group activists are all busy. They are sifting through her judicial opinions and speeches,…
As odd as it may sound, when the California Supreme Court recently declared that prohibitions against homosexual marriage violate the state's constitution, the justices acknowledged, in effect, that relatively little was at stake in the case. As the court said, California's domestic partnership law…
Do you have a bright idea (albeit a controversial one) that you would like to see implemented as national policy? Would you prefer to achieve this without the inconvenience of having to persuade Congress and the president, let alone the American people? Well, here's how to do it.
IN DEFENDING their decision to expose the Bush administration's secret bank-surveillance program earlier this year, the editors of the New York Times and Los Angeles Times emphasized that they had carefully weighed "the merits of publishing against the risks of publishing." Bill Keller and Dean…
AT THE OUTSET OF Samuel Alito's confirmation hearings, Judiciary Committee Chairman Arlen Specter asked a series of questions about the rather arcane subject of stare decisis, which is the judicial practice of following prior decisions. Eventually the questions took an odd turn, with Specter asking…
NOW THAT THE U.S. Supreme Court has effectively stopped the Florida recount, it is natural to believe that the justices have once again saved us from political and legal disaster. There is no doubt that the Florida Supreme Court's stunning decision to order manual recounts across Florida created…