The Supreme Court’s decisions last term reveal a trend toward color-blindness Two cases decided by the Supreme Court earlier this year demonstrate an ongoing, if cautious, conservative march towards a new constitutional order with regards to race. In the case of Ricci v. Destefano, a divided Court ruled that it was unconstitutional to throw out the results of a promotion ... Read More
How the European right wing have become unlikely innovators in the worldwide financial crisis The economic crisis the world is currently experiencing has been the worst since the Great Depression. In such a period, nothing could be easier than pointing out market failures and the inefficiencies of deregulated capitalism. Indeed, it should be the perfect setting for an increase in ... Read More
This is the best fodder for late-night comedy I’ve seen since the last time Michael Steele spoke. It is encouraging that most people seem appalled, but some conservatives appear to have a limitless appetite for self-destruction. The next time Republicans accuse liberals of disrespecting the commander-in-chief, expect eyes to roll. And as for Mr. Spontaneous himself? If the whole Congress ... Read More
So in some areas (civil liberties and wars come to mind), there is not so much daylight to be found between President Obama and his predecessor. But in other areas that are not always so visible, it is clear that Obama does intend to pursue a somewhat ambitious liberal agenda. And one of those extremely contentious yet poorly publicized battles ... Read More
It now appears that the Obama administration, which once seemed so eager to explicitly press the case for liberal constitutional jurisprudence, is trying to characterize Sonia Sotomayor as a bona fide judicial moderate, if not an outright conservative. Take a look at the administration’s talking points: no more talk of “empathy” is to be found. Rather, they highlight her frequent ... Read More
One of the constant refrains in articles about David Souter’s retirement is that replacing him with another “liberal” will not change the “basic makeup of the Court.” There are quite a few things wrong with this analysis. As the media often do, they grossly oversimplify and mischaracterize a Supreme Court justice’s philosophy. David Souter is many things, but certainly one ... Read More
I know that Daniel is only trying to soften his blows, but really, I don’t think my argument can be “innocuous” and “unfortunate” at the same time. Come on, tell me what you really think! I can appreciate how it seems that liberals are always in the business of telling people what rights they do and don’t have. But, in ... Read More
So I happened to notice the Debbie Downer note of Elise’s last post, and I wanted to focus specifically on the question of whether “it jibes with even his progressive values to stand for one set of rights at home and another one abroad.” That’s actually not a helpful way to phrase the question, for it elides the disconnect between ... Read More
The power of Limbaugh, and what Obama plans to do about it Amid the turmoil that historians may label the Battle of the Stimulus, Rep. Phil Gingrey (R-Ga.) did something unthinkable, at least for a Republican congressman: he publicly rebuked Rush Limbaugh. The conservative faithful did not look kindly on Gingrey’s comments, and he soon appeared on Limbaugh’s radio program ... Read More
In last summer’s issue, I predicted that the seemingly momentous gun-control case of D.C. v. Heller might turn out to be not such a big deal. I was mainly referring to the politics of the decision; it seemed likely to me that Heller would take gun-control off the table, so to speak, and lessen the danger that the issue poses ... Read More
Crucial crossroad, or more of the same? Every election cycle, we are told that the future of the Supreme Court, and particularly the future of abortion jurisprudence, is at stake. This election-centric view infects the mainstream media, which routinely publish October headlines like “This time, Roe v. Wade really could hang in the balance,” as the Los Angeles Times declared ... Read More
Social issues move off center stage At the 1992 Republican National Convention, conservative media personality Pat Buchanan fired the opening salvos of the ongoing national culture war, declaring, “There is a religious war going on in our country…it is a cultural war, as critical to the kind of nation we will one day be as was the Cold War itself.” ... Read More
The Democratic Party and California's Proposition 8
Creating precedent for the law The term “legislating from the bench” is frequently used but rarely explained. In the 2008 presidential debates Sen. John McCain (R-Ariz.) promised he would not appoint judges who legislate from the bench. But as Bruce Peabody, author of Legislating from the Bench, a Definition and a Defense, told the HPR, “I don’t think we can ... Read More
