Topic

Court

29 articles 2010–2015

Coercive Federalism

Terry Eastland · October 26, 2015

Some 45 municipalities and communities make up Westchester County, the prosperous, heavily Democratic jurisdiction just north of New York City whose most famous residents are Bill and Hillary Clinton. Like many localities across the country, Westchester has long been a recipient of federal housing…

The Enemies of Scott Walker

The Scrapbook · July 27, 2015

On July 16, we saw the definitive end to one of the greatest abuses of power in recent memory. After five years, the Wisconsin ­supreme court finally halted the Milwaukee district attorney’s notorious “John Doe” investigation that targeted Governor Scott Walker and political allies trying to reform…

An Agency Desperately Trying to Get Its Way

Terry Eastland · November 4, 2014

Last winter President Obama’s Department of Housing and Urban Development published a regulation pursuant to the Fair Housing Act that defines discrimination as actions or policies that while neutral and nondiscriminatory in their intent have a disparate impact, shown through statistics, on a group…

Please, Release Me

The Scrapbook · February 10, 2014

The Scrapbook has devoted plenty of column inches over the years to detailing the incestuous relationship between public employers and public employee unions. Every election cycle, union dues—paid with taxpayer dollars—go to Democratic politicians, who, when in office, thank their donors with…

Equal Protection but Not for Whites

Terry Eastland · November 7, 2013

“Detroit civil rights lawyer Shanta Driver made a last-minute decision to argue in a high-profile Supreme Court affirmative action case on Oct. 15 in part, she said, because so few African-Americans appear before the justices.”

Cotton vs. Court Packing

Daniel Halper · June 4, 2013

President Obama today nominated three liberals to fill longstanding judicial vacancies on the important Court of Appeals for the District of Columbia. Will the Senate rubber-stamp the president's nominees—even though the court's fine as it is, with the eight judges currently serving enjoying the…

High Noon for Marriage

Jonathan V. Last · March 27, 2013

Yesterday the Supreme Court heard oral arguments on California’s Proposition 8, which defines marriage as being between couples of the opposite sex. Today they’re hearing them on the Defense of Marriage Act, which defines marriage as a union of one man and one woman at the federal level. Like Roe…

Obama’s Escalating War on the Separation of Powers

Jeffrey Anderson · January 29, 2013

On Friday, a 3-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously declared President Obama’s “recess” appointments to the National Labor Relations Board (NLRB) to be unconstitutional. The judges rebuked Obama both because the Senate was actually in session when he made the…

The Divorce Papers Behind the Allred Allegations

Daniel Halper · October 24, 2012

Attorney Gloria Allred has reportedly been planning a pre-Election Day surprise targeting Republican presidential candidate Mitt Romney. The key for the attention-seeking lawyer, it seems, is to uncover "Mitt Romney’s 1991 testimony in the divorce of Staples founder Tom Stemberg," the Boston…

Flunking Constitutional Law

Adam J. White · April 4, 2012

Last week, President Obama clumsily announced that it would be "unprecedented" for the Supreme Court to strike down "a law that was passed by a strong majority of a democratically elected Congress." This week, his words are already having an effect in the courts—but not the effect he hoped…

President Obama, Fair Weather Friend of the Court

Adam J. White · April 3, 2012

Not even a full year into President Obama's first term, Politico observed that he had reached the point of caricature in using the term "unprecedented" to describe basically anything that occurs during his presidency. By now, Americans have learned to shrug off his use of this rhetorical tick.

Obamacare on Trial: The Individual Mandate

Adam J. White · March 27, 2012

Yesterday, we endured an esoteric debate over a jurisdictional statute that practically no one expects to actually affect the Supreme Court's review of Obamacare. Today, by contrast, was the argument we've all been waiting for: the challenge to the constitutional merits of Obamacare's individual…

The Palestinian Bid for Statehood and ICC Jurisdiction

David Benjamin · September 19, 2011

One of the supposed “benefits” for the Palestinians of achieving U.N. recognition of statehood in the West Bank and Gaza would be the possibility for the new "state" to submit itself to the jurisdiction of the International Criminal Court (ICC), thereby paving the way for prosecutions of Israeli…

Justice Scalia Calls on the Court to Define Deference Down

Adam J. White · June 10, 2011

When the Court hears 80 or so cases in a year, not all of them will be interesting.  In fact, some of them will be dreadfully boring.  Those tend to be known as "telecommunications cases."  (The occasional "fleeting expletive" or "wardrobe malfunction" case notwithstanding.)

The Federal Court's Faulty Arizona Immigration Decision

Adam J. White · August 3, 2010

Amid the controversy arising from the federal district court's decision to strike down portions of Arizona's Senate Bill 1070, one must keep in mind the fact that the case is at its most preliminary stage. Judge Bolton, of the U.S. District Court for the District of Arizona, did not issue a final…