Byron White

Brittle Activists

WASHINGTON -- The nation owes a substantial debt to Justice Samuel Alito for his display of unhappiness over President Obama's criticisms of the Supreme Court's recent legislation -- excuse me, decision -- opening our electoral system to a new torrent of corporate money. Alito's inability to restrain himself during the State of the Union address brought to wide attention a truth that too many have tried to ignore: The Supreme Court is now dominated by a highly politicized conservative majority intent on working its will, even if that means ignoring precedents and the wishes of the elected bra

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Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} It's 9:05 on a hazy, hot and humid June morning, and Ron Klain is late for his morning staff

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Breyer Restraint

Jeffrey Rosen offers his take on the prospective Justice Breyer.

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Court Marshall

Having peered behind the red velvet curtains of the Rehnquist Court, the press now tells the embarrassed justices that they have nothing to be embarrassed about. But after spending last week in the Marshall archives, I sympathize with William Rehnquist's fears. The portrait of the justices that emerges from their internal correspondence is not, in fact, particularly flattering.

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Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom by Ronald Dworkin (Knopf, 273 pp., $23) Liberals urgently need a constitutional philosophy, and Ronald Dworkin is eager to provide one. In his important writings over the past three decades, he has tried to work out a comprehensive theory of law, as well as a principled approach to the American Constitution. With few apologies, he has defended the Warren Court against a parade of conservative critics -- from the Burkean prudentialism of Alexander Bickel to the purported historicism of Robert Bork.

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Cuomo Vadis

There is an occupational hazard of writing about Mario Cuomo: even if you are generally sympathetic to him, he'll call to correct you. And the New York governor was not daunted by his status as the front-runner for the next Supreme Court seat.

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Lemon Law

Can the state of Arizona pay an interpreter to sign the rosary for James Zobrest, a deaf student at a Catholic high school? Zobrest's parents claim Arizona misinterpreted the religion clauses of the First Amendment ("Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof") when it decided to put sign language interpreters in secular, but not religious, private schools. At oral argument on February 24, the justices joked about their incoherent doctrine for policing the Establishment Clause and the embarrassing results it has produced.

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