Tag Archives: Federal courts

Rick Perry Pledges to Disembowel Madison’s Judiciary

When the Founders set out to create the federal court system, James Madison and his colleagues ultimately settled on a system designed to insulate judges from the political arena, so that they could not be coerced into compliance with a political agenda by threats of arbitrary termination, or of financial manipulation. As such, Article III […]

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Reading the Supreme Court’s Grant in the “ObamaCare” Litigation

SCOTUSblog offers full analysis of the Court’s order (PDF) granting certiorari, to which we add only limited points. First, take into consideration the length of the argument — five and a half hours, broken over several days: The allotment of 5 1/2 hours for oral argument appeared to be a modern record; the most recent […]

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Is Ron Paul Actually a Libertarian?

Add to the list of things I don’t understand about Occupy Wall Street — along with why they think blocking midday foot traffic on Wall Street with a meditation line (1) is a good idea, or (2) helps their cause — the support Ron Paul enjoys in some substantial portion of the group. I get […]

Chief Justice Roberts’ Paean to Article III (and What It Means)

About two thirds of the way through his recent opinion in Stern v. Marshall (pdf), Chief Justice Roberts leaves the following note: What is plain here is that this case involves the most prototypical exercise of judicial power: the entry of a final, binding judgment by a court with substantive jurisdiction, on a common law cause of […]

The Trouble With Banning Foreign Law: It’s Anti-Business

A Slate article on the right’s new jihad against shar’ia law points to a weird device: a proposed uniform act, titled the American Law For American Courts Act, which purports to eliminate any court or arbitration panel’s ability to rely on law “that would not grant the parties affected by the ruling or decision the […]

Amateur Hour: Conservatives Tackle Pullman Abstention

Charming. In reading up for the prior post, I was struck with the misfortune of having to load Pamela Geller’s hate blog for long enough to be able to copy a link from the address bar. Try as I might to avoid it, a single word caught my eye: “abstention.” Huh? Is America’s most vitriolic […]

If Congress Doesn’t Step Up…

Timothy Kincaid: The House of Representatives has a small window in which to decide whether to defend DOMA in court. Should they fail to do so, then in March the courts will be presented with a motion for summary judgment (a request for a trial-less determination) which argues that DOMA Section 3 is unconstitutional, and […]

Is Kagan a Vote for Marriage Equality?

Probably. Watch: This question — “Do you agree that the Supreme Court’s decision in Baker v. Nelson . . . is [] settled law?” — is an easy one to answer “yes,” and make the whole issue go away. Why push back? Because she thinks the case was wrongly decided, or otherwise not entitled to […]

Torture and Terror Trials

Rooting against the United States once again, RedState exults in a federal judge’s decision to bar testimony on the grounds that it appears to have been coerced, and a product of torture. Here’s the AP on just how bad it was: The detainee says that after five days in a Pakistani prison, he was handed […]

The Strange, Ill-Informed Cowardice of Phyllis Schlafly

Apparently you all didn’t find the special congressional race in upstate New York — or its would-be recount, and the potential fallout for New York’s new voting systems — all that interesting. For shame! That stuff was cool. Anyways, in partial atonement for my sins, this commentary on Phyllis Schlafly’s latest insanity (h/t Pi).  – […]

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