Football, Instant Replay, and Arbitrariness
(Note: if you're not either a football fan or a legal aficionado, you probably want to skip over this post.) READ MORE >>
Seeking the Death Penalty for 9/11 Plotters Does Not Offend Federalism
Where Are You, California Republicans?
Just in case the California Legislature's passage of a landmark water bill earlier this week had convinced you that John Judis is wrong and that things are finally looking up for the Golden State, William Voegeli's essay in the current issue of City Journal might put things back in gloomy perspective. Voegeli asks a wort READ MORE >>
In Defense of States
The Troy Davis Case And Standards Of Review
The Supreme Court made waves yesterday with its nearly unprecedented decision to order a federal district court to conduct an evidentiary hearing into the case of Troy Davis, the Georgia man sentenced to death based largely on the testimony of eyewitnesses who have since recanted. READ MORE >>
California And The Consequences Of Legislative Gridlock
As legislators in Sacramento work late into the night to pass the budget package agreed to by Governor Schwarzenegger and legislative leaders earlier in the week, it's worth checking out Kevin Drum's spot-on summary of the consequences for the Republican Party of California's supermajority budget requirement. READ MORE >>
Against Judicial Irony
Georgetown law professor Louis Michael Seidman has caused a bit of a stir in the blogosphere with a strongly-worded critique of Judge Sotomayor's performance at her confirmation hearings. READ MORE >>
The Presidency Is Not That Weird An Institution
Matthew Yglesias, in a nice post exploring the nature of presidential political capital, writes: READ MORE >>
Affirmative Action, Public Opinion, And Federalism
I'm often sympathetic to Stuart Taylor's columns, but his latest effort is a real head-scratcher. The main thrust of Taylor's argument seems to be that the Supreme Court should ban racial preferences because it's what the majority of Americans want, even if their elected representatives decline to take a stand for fear of being labeled racist. That's a common enough view, but Taylor puts an odd twist on it, claiming that such a move wouldn't amount to judicial activism: READ MORE >>
Justice Oprah?
In response to the Fox News poll indicating that one in six Americans thinks Oprah would do a good job as a Supreme Court justice, Matthew Yglesias says: READ MORE >>
