David Strauss

How Many Constitutions Can Liberals Have?
October 19, 2012

The strange theory of twelve constitutions in one.

More About Broccoli (and Liberty)
May 04, 2012

The justices of the Supreme Court may have reached a final decision on the Affordable Care Act. And they may not have. On Tuesday, as Dahlia Lithwick noted, Justice Anthony Kennedy told an audience of Nevada judges and lawyers that “cautious decision-making is not indecisiveness” and expressed deep concern over the deterioration of political discourse in America. Was that a sign he’s still deliberating over the case and struggling with the arguments, as he’s been known to do? Or was that a sign of nothing at all?

Bench Press
June 18, 2001

Now that they control the Senate, some Democrats want to treat George W. Bush's judicial nominees as badly as Republicans treated Bill Clinton's. Senate Republicans repeatedly distorted the records of Clinton's nominees to the federal appellate courts, painting judicial moderates as judicial activists and denying them hearings. While Ronald Reagan and Clinton appointed similar numbers of appellate judges, 87 percent of Reagan's nominees were confirmed, compared with only 61 percent of Clinton's.