Topic

courts

55 articles 2011–2018

What Do Senate Democrats Think About Packing the Supreme Court?

Jenna Lifhits · July 13, 2018

Justice Anthony Kennedy’s retirement triggered alarm among left-wing lawmakers and activists by giving Donald Trump his second Supreme Court nominee in less than two years. It also inspired some to revive the idea of "packing the court" with additional Democratic appointees as soon as circumstances…

Dossier Author Steele Suddenly Mum in the Face of Lawsuits

Eric Felten · March 30, 2018

Former British intelligence agent Christopher Steele used to be Mr. Chatty when it came to the allegations of Russia-Trump collusion he had assembled. In the months before the 2016 U.S. presidential election, Steele talked with the New York Times, the Washington Post, the New Yorker, Yahoo News,…

A Guide for the Gender-Perplexed

Andrew Ferguson · March 16, 2018

I don’t know the book acquisition budget of the public library in the town of St. Michaels, a quaint little tourist trap on the Eastern Shore of Maryland. I hope it’s large enough to buy several copies of Ryan T. Anderson’s new book, When Harry Became Sally: Responding to the Transgender Moment.…

Lowering the Bar

The Scrapbook · November 17, 2017

Since Donald Trump became president, Democrats have been engaged in an astonishing display of judicial obstruction. “Senate Democrats have indiscriminately forced the Senate to take 47 cloture votes on judicial and executive nominations since Trump took office,” notes Carrie Severino in National…

The Title IX Training Travesty

Kc Johnson · November 10, 2017

In November 2014, a female member of Brown University’s debate team had oral sex with a male colleague while they watched a movie. Eleven months later, she filed a complaint with Brown, accusing him of sexual assault.

Beware the ABA's Own Version of 'Judicial Activism'

Adam J. White · October 31, 2017

Unaccountable judges sometimes mistake their own policy preferences for the proper rule of decision. And that’s no less true for those who purport to judge the judges—namely, the American Bar Association, in passing judgment on a president’s judicial nominations. The ABA’s own version of “judicial…

Predator's Ball

Philip Terzian · October 26, 2017

My guess is that up until two weeks ago, the name of Harvey Weinstein meant little if anything to most people, including readers of this magazine.

Predator's Ball

Philip Terzian · October 20, 2017

My guess is that up until two weeks ago, the name of Harvey Weinstein meant little if anything to most people, including readers of this magazine.

Blame It on Gerrymandering

The Editors · October 13, 2017

American liberals dominate this country’s cultural life. Universities, the news media, the entertainment industry, our cultural institutions—these are populated and run mainly, and in many cases exclusively, by liberals. What liberals, the vast majority of whom identify as Democrats, don’t dominate…

Benghazi Suspect Faces an American Jury

Jenna Lifhits · October 7, 2017

"I want them to hate him," a federal prosecutor said quietly on the evening of October 2 as his colleagues packed up. It had been a long first day in the trial of Ahmed Abu Khatallah, the man charged with instigating the tragic 2012 attacks in Benghazi, Libya.

Benghazi at the Bar

Jenna Lifhits · October 6, 2017

"I want them to hate him," a federal prosecutor said quietly on the evening of October 2 as his colleagues packed up. It had been a long first day in the trial of Ahmed Abu Khatallah, the man charged with instigating the tragic 2012 attacks in Benghazi, Libya.

Overruled: Campus Kangaroo Courts Get Schooled

Kc Johnson · October 3, 2017

Education Secretary Betsy DeVos on September 22 formally rescinded the Obama administration’s commands that universities use unfair rules in sexual-misconduct investigations—rules that had the effect of finding more students guilty of sexual assault. And she appears also to be preparing for far…

Overruled

Kc Johnson · September 29, 2017

Education Secretary Betsy DeVos on September 22 formally rescinded the Obama administration’s commands that universities use unfair rules in sexual-misconduct investigations—rules that had the effect of finding more students guilty of sexual assault. And she appears also to be preparing for far…

Offal Behavior

The Scrapbook · August 11, 2017

A federal extortion trial in Boston last week showed that Teamsters members haven’t lost their knack for cooking up trouble. It all began in June 2014, when the reality TV kitchen competition Top Chef visited the city to film. Let’s just say things got a little hot in Beantown, and we’re not…

The Big Trial

Jon Breen · June 25, 2017

With its adversarial structure and set procedural rules, the trial can be a perfect dramatic vehicle, offering the strategy and suspense of a sports event alongside the seriousness of life and death. The Big Trial subgenre of American fiction dates back at least as far as James Fenimore Cooper’s…

The Big Trial

Jon Breen · June 23, 2017

With its adversarial structure and set procedural rules, the trial can be a perfect dramatic vehicle, offering the strategy and suspense of a sports event alongside the seriousness of life and death. The Big Trial subgenre of American fiction dates back at least as far as James Fenimore Cooper’s…

The Immigration Crackdown, or Crack-up?

Tim Kane · March 17, 2017

Federal judges who are blocking President's Trump new executive order restricting migration are making a mistake, using flawed reasoning, and setting back the larger cause of immigration reform. On Wednesday night, Derrick K. Watson, the U.S. District Judge in Hawaii, penned a 43-page jeremiad in…

Must Reading: Rabkin on Barnett

Terry Eastland · November 21, 2016

The Fall 2016 issue of the Claremont Review of Books features a review well worth your time by Jeremy Rabkin, a professor at the splendidly named Antonin Scalia Law School (previously the George Mason University Law School). The professor has written on Randy Barnett's new book, Our Republican…

Clarence Thomas Is Building a Majority By Dissent

Adam J. White · October 26, 2016

Clarence Thomas has been on the Supreme Court for a quarter-century. And Jeffrey Toobin has loathed him for nearly all twenty-five of those years. For more than two decades, the New Yorker author and CNN pundit has written of Thomas time and time again in only the most contemptuous terms.

Fair Housing Cases Bear Watching

Terry Eastland · August 31, 2016

The Fair Housing Act of 1968 makes it illegal to sell or rent housing "because of race, color, religion, sex, familial status or national origin." The provision prohibits the disparate treatment of individuals because of race or any of the other forbidden grounds it identifies, as when a real…

Obama Rebuked By One of His Own

Terry Eastland · July 14, 2016

Last month a federal district judge in Wyoming invalidated an Interior Department rule setting stricter standards for hydraulic fracturing ("fracking," in commin parlance) on public lands. The decision dealt a blow to the Obama administration's environmental agenda, and news coverage focused on…

The Senate and the Courts

Edward Whelan · September 29, 2014

With little fanfare, President Obama has enjoyed remarkable success in his project to remake the federal courts in his own ideological image. How much more he achieves during his final two years in office depends in large part on whether Republicans win control of the Senate this November.

IRS Lawyers Ready for Busy Week Ahead

Stephen F. Hayes · July 3, 2014

IRS lawyers ought to enjoy themselves this holiday weekend because, as the Washington Examiner's Mark Tapscott reports, "they'll be busier than normal next week." IRS counsel will make two separate appearances next week in court to explain and defend the agency's handling of Lois Lerner's…

The Obama Doctrine

Jeffrey Anderson · July 2, 2014

In the past week alone, President Obama has twice been rebuked by the Supreme Court for having run afoul of the Constitution (a 9-0 decision) or federal law (5-4).  Unchastened, he brazenly picked the very day that the second decision was announced to reassert the Obama Doctrine — namely, that if…

Hobby Lobby, Liberty, Empathy, and Dignity

Adam J. White · July 1, 2014

After a surprising run of 9-0 decisions, the Supreme Court ended its year the way we've come to expect: with hotly contested 5-4 splits. Most importantly, the Court finally decided Burwell v. Hobby Lobby, the closely watched fight over whether the Health and Human Services Department can force…

Obama Flips on Taliban Commander

Stephen F. Hayes · June 7, 2014

While some top Obama administration officials are downplaying threats posed the five senior Taliban officials released from Guantanamo in the prisoner exchange for Bowe Bergdahl, not long ago the administration went to court to prevent one of those men from going free. In a decision on May 31,…

Jindal: DOJ 'More Interested In Skin Color' Than Education

Jeryl Bier · January 8, 2014

In November, the Obama Justice Department dropped a lawsuit aimed at stopping a school voucher program in Louisiana. The Louisiana Scholarship Program is intended to give students in failing public schools a chance to attend better schools, including private ones. Justice tried to block the program…

Who Cares What the Court Says

Geoffrey Norman · August 13, 2013

Senator Harry Reid does not want any spent nuclear fuel going into that massive, and expensive, hole in the ground at Yucca Mountain in Nevada.  And he has been able to make sure it hasn't happened, though that was the reason for digging the hole in the first place. Still, an empty hole in the…

In Pennsylvania, an Affront to Judicial Review

Christine Flowers · August 5, 2013

A visitor to Richmond can’t leave without a trip to John Marshall’s house, a living shrine to the greatest chief justice in the history of the United States. Passing through the halls of his former home, it is as if the spirit of the great man is present in the articles he used and the rooms he…

The Case Against Deference

David Rivkin · June 10, 2013

For at least half a century, judicial restraint has been the clarion call of the conservative legal movement. After the Warren Court era, Roe v. Wade, and very nearly a “right” to welfare benefits, it was not surprising that conservatives would seek to rein in judicial self-aggrandizement.

What to Expect Goes to Court

Michael Warren · April 12, 2013

Our own Jonathan Last recently released a top-notch book, What to Expect When No One's Expecting, about America's coming demographic disaster. The book has been well received by readers, among them the justices on the Texas supreme court. On the sixth page of the court's recent decision for…

Obama’s ‘Recess’ Appointments Declared Unconstitutional

Jeffrey Anderson · January 25, 2013

Today, President Obama’s belief in a “living Constitution” came up against a ruling that enforced our fixed Constitution.  A 3-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously declared Obama’s “recess” appointments to the National Labor Relations Board to be…

Not ‘Deregulation,’ But Smart Regulation

Adam J. White · October 5, 2012

A few years ago, the Environmental Protection Agency lost a string of high-profile lawsuits brought by environmentalists challenging the Bush administration's regulations. And in certain circles, it was fashionable to cite those as proof of the Bush EPA's incompetence if not its utter corruption.

Is Obama in Favor of Letting States Decide on Marriage?

Jeffrey Anderson · May 21, 2012

The New York Times gushingly describes how President Obama’s unique background — he’s “a man from many worlds,” “a transcender of tribes,” and, yes, “a former constitutional law professor” — has allowed him to unearth a creative “middle way” on the question of redefining marriage.  That “middle…

National Labor Relations Board Continues to Disregard the Law

Mark Hemingway · May 15, 2012

After the National Labor Relations Board (NLRB) sparked national outrage by telling Boeing that it could not open a factory in a right-to-work state, there's little evidence that the board has been chastened. The latest news is that a recent decision to allow unions to hold "quickie" elections to…

Gingrich and the Courts

Jeffrey Anderson · December 22, 2011

In the Washington Post, George Will writes that Newt Gingrich’s “campaign against courts repudiates contemporary conservatism’s core commitment to limited government.”