No Objection
Ever since Bush v. Gore, we’ve come to expect that federal courts will divide along predictable ideological lines: Judges appointed by Democrats are supposed to vote for Democratic priorities, while judges appointed by Republicans are supposed to prefer Republican priorities. In short, many people now assume judicial institutions will behave like legislative ones. READ MORE >>
Why Cain’s Deny, Deny, Deny Strategy Is So 1990s
Boston Legal
Texas Justice
For the past generation, if you wanted to understand the legal philosophy of the leading Republican presidential contenders, the best person to look to was Antonin Scalia. And, on the surface, that would appear to be true again this year. After all, the current Republican front-runner, Rick Perry, has plenty in common with Scalia—namely, a professed aversion to judges who legislate from the bench or broadly interpret the Constitution. READ MORE >>
Strong Opinions
Why I Miss Sandra Day O’Connor
The Supreme Court term that ended this week would have looked very different if Justice Sandra Day O’Connor were still on the bench. Twenty percent of the cases were decided by a 5-4 vote, and, in many of those cases, Justice O’Connor would have voted to swing the result the other way. READ MORE >>
