Recalling the Bork confirmation hearings
The travesty carried out against Judge Robert H. Bork by Senate Democrats reminds us all that individual personalities can – and do – shape judicial and political history.
What is Judicial Activism?
If a judge overturns an incorrect precedent or strikes down an unconstitutional statute, he is not engaged in activism.
What Is a Judge To Do?
In the course of questioning Solicitor General Elena Kagan, Sen. Tom Coburn of Oklahoma stepped in it. Citing Blackstone, he tried to elicit from Kagan a concession that there is a natural right to keep and bear arms. She responded, | Read More »
Memo to Lindsey
Sen. Lindsey Graham of South Carolina asked Solicitor General Kagan how Brown v. Board of Education could have been consistent with a doctrine of strict constructionism. Because the American people are happy that segregation is a bygone practice, he said, | Read More »
He Can’t Go Soon Enough
Joe Biden, mercifully, is no longer chairman of the Judiciary Committee, but we are being treated to one last slip-shod nomination-hearings performance by Arlen Specter, D-PA. He, like many of his colleagues, insists that Solicitor General Kagan sit through speeches | Read More »
Kagan Hearings Annoy Me Already
“Equal Justice Under Law,” says Solicitor General Elena Kagan, means that every person who comes before the Court receives the same protections. Perhaps she is unfamiliar with the Court’s affirmative action precedents, which have established racial discrimination of a particular | Read More »
Elena is too inexperienced and too political to be on the Supreme Court.
Senate Should Reject Kagan Nominiation
Supreme Court nominee Elena Kagan needs to elaborate on her judicial views.
Sotomayor the Realist?
The school of legal realism is based on judicial activism, and Sotomayor is a devotee.
Bong Hits Case Denies Constitutional Law
The Supreme Court’s decision in the "Bong Hits 4 Jesus" case highlights a significant flaw in today’s so-called "constitutional law"…