Mississippi 26 and Public Opinion on Abortion
Pro-life advocates pushing for a controversial definition are doing harm to their own cause.
On the Newsstand:Supreme Court
Caroline McKay and Zoe Weinberg on a Judge with Chutzpah
Associate Justice Elena Kagan has completed her first year on the bench. Crimson writers Caroline McKay and Zoe Weinberg argue that the former Dean of Harvard Law School has established herself as a possible leader for the left. The Justice’s work on the Court may soon establish her as a strong counterweight to Scalia. Read the full article at the ... Read More
The Health Care Constitutional Controversy
Will the Supreme Court uphold the health care act? Probably, but the fight isn't over.
Racism? Probably not.
Judges should not be allowed to use non-U.S. legal codes to render decisions.
Weighing In: Privatizing Public Speech
Caroline Cox misunderstands the argument against the Court's ruling in Snyder v. Phelps
Weighing In: What the Court Got Right
Peter M. Bozzo's recent editorial in The Crimson misses the mark on Snyder v. Phelps and the Court's ruling.
Fixing Congress: Buddy Roemer’s $100 Plan
Campaign finance reform is back in the news. For the first time since the January 2010 ruling of Citizens United v. Federal Election Commission, the Supreme Court is revisiting campaign finance in its evaluation of the constitutionality of the 1998 Arizona Citizens Clean Elections Act, which “provides subsidies to candidates for state offices who agree to take no business, union or ... Read More
Virginia Thomas, Lobbyist?
Justice Clarence Thomas' wife, Virginia Thomas, is no stranger to controversy, but her recent decision to work as a Tea Party lobbyist will endanger impartiality on the Court.
On the Broccoli Objection
Those who believe the health insurance mandate is unconstitutional have relied frequently on slippery-slope arguments. Many have been convinced by what Andrew Koppelman calls the Broccoli Objection—the idea that, if Congress can penalize individuals for failing to purchase health insurance, it must have the power to penalize them for failing to eat their broccoli. (Talk about a Nanny State!) There ... Read More
Judicial Nominations as Political Playing Cards
Article II, Section 2, of the U.S. Constitution reads: The President… shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… Judges of the supreme Court, and all other officers of the United States…” (Pay particular attention to the usage of the words “Advice and Consent,” for that phrase is what this entire debate revolves ... Read More
George Will Comes Out as a Judicial Liberal
George Will apparently wants the Supreme Court to overturn the individual mandate—the requirement that Americans purchase health insurance. As Jonathan Chait points out, Will is faced with the unenviable task of reconciling belief in judicial minimalism, which he and other conservatives have spent decades extolling, with the impulse to take advantage of their narrow Supreme Court majority. Will’s solution is ... Read More
Another Chapter in the Virginia Thomas Saga
In another bizarre chapter in the ongoing controversy that surrounds her, Virginia Thomas, Tea Party activist and wife of Supreme Court Justice Clarence Thomas, indicated recently that she may step down from her position as head of Liberty Central. Thomas’s involvement in the group, intended to support conservative activists and Tea Party campaigns, drew concern as to whether it could ... Read More
Judges as Candidates: The Good, the Bad, and the Political
Impartiality and the judiciary are frequently considered synonymous. Even outside of the U.S., the Supreme Court, judges on state supreme courts and other higher-level positions enjoy lengthy terms, a good degree of freedom from political pressure, and the promise of being appointed based upon their merits rather than party affiliation. Or at least they should. An actual look at how ... Read More
