Why I Won’t Stop Asking Judicial Nominees If They Will Follow The Constitution
All too often, lower courts have used a bad legal doctrine to stop states and local governments from protecting the unborn, even when Supreme Court case law would allow it.
View ArticleTo Fight Assisted Suicide In The Courts, Stop Arguing Federalism
When the next physician-assisted suicide case comes, we will need to litigate differently than we have for past fundamental-rights cases like abortion and same-sex marriage.
View ArticleWhy Judges Should Forget About Finding Legislative Intent
Once I had the opportunity to serve in the Wisconsin legislature I realized just how severely flawed is the idea of looking to legislative history for guidance in statutory interpretation.
View ArticleChuck Schumer’s Attacks On Neil Gorsuch Are Un-American
Chuck Schumer's case against Neil Gorsuch relies on an argument that distorts the entire purpose of the Supreme Court.
View ArticleDoes Gorsuch’s Respect For Precedent Mean He Will Never Strike Roe?
Should pro-lifers who voted for the president because he promised to nominate a judge who would overturn Roe worry it won't happen?
View ArticleWyoming Censures Judge For Marriage Beliefs Even Though No Law Requires Her...
If the Wyoming Supreme Court is permitted to insert an unstated requirement upon judges, what prevents some future court from reading pastors, priests, and bishops into the same decision?
View ArticleWhy You Shouldn’t Cheer Every Time Courts Do What You Want
How increasingly letting states and citizens sue to stop laws and regulations they don’t like, such as President Trump’s immigration order, can politicize courts and end self-government.
View ArticleThe Left’s Contempt For The Law Is Destroying Public Trust
For too many Americans, the American legal system is no longer simply the arbiter of what the law means and how it applies to a given set of facts.
View ArticleFederal Judges Set A Dangerous Precedent By Blocking Trump’s Military Orders
Judges—who typically lack military service and work in courtrooms far removed from its realities—are ill-positioned and ill-qualified to evaluate judgment calls by military leaders.
View ArticleOregon Court Holds Bakers Responsible For How People Feel About What They Say
The Oregon Court of Appeals upheld a $135,000 fine against the owners of a local cake shop who declined to use their artistic skills to create a custom cake for a same-sex wedding.
View ArticleLeft Finally Admits They Pack Courts With Politicized Judges, And Plan To Amp...
The proposal is simple: when Democrats next hold the presidency and Senate, they should pack the courts to ensure that the Left can achieve its goals.
View ArticleRepublicans Shouldn’t Ask Judges To Strike Obamacare When Congress Won’t
Striking down the law through legal fiat would represent judicial activism at its worst—asking unelected judges to do what elected members of Congress took great pains to avoid.
View ArticleHow Potential SCOTUS Pick Brett Kavanaugh Wrote A Roadmap For Saving Obamacare
Which is worse: An unelected judge opining on how a mandate to purchase a product could meet constitutional muster, or giving Congress instructions on how to ensure it will? Kavanaugh did both.
View ArticleTomi Lahren’s Position On Roe v. Wade Makes Absolutely No Sense
It's not especially her political apostasy that’s the problem. It’s weakness of her arguments.
View ArticleWhy It’s Ludicrous For Chuck Schumer To Claim Brett Kavanaugh Threatens...
The idea that the Supreme Court might strike down Obamacare, and that a Justice Kavanaugh would cast the deciding vote to do so, ranges from implausible to ridiculous.
View ArticleConfirming Kavanaugh Will Not Fix The Problem Of Judicial Supremacy
Even if Brett Kavanaugh turns out to be a tremendous originalist justice, the courts still represent a major threat to the republic.
View ArticleJohn Roberts Is Wrong. America’s Courts Are Obviously Politicized
Supreme Court Chief Justice John Roberts’ attempt to defend the independence of the judiciary, in light of President Trump’s comments that courts are politicized, did more harm than good.
View ArticleHow Overturning Roe Could Expand Abortion Inside The United States
In the event Roe gets overturned, it won't be the win for abortion abolition that pro-lifers claim. We must strategize accordingly.
View ArticleWhy I Won’t Stop Asking Judicial Nominees If They Will Follow The Constitution
All too often, lower courts have used a bad legal doctrine to stop states and local governments from protecting the unborn, even when Supreme Court case law would allow it.
View ArticleThe Supreme Court Is Not The Final Say On The Constitution
The judiciary’s rulings are not the supreme law of the land, even rulings from the Supreme Court. The judiciary is not the only or even final arbiter on the Constitution.
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