Samuel Alito

Conservative Eminence Charles Fried Supports Elizabeth Warren
July 23, 2010

One of the supposed knocks against Elizabeth Warren is that she’s an ideological crusader bent on destroying capitalism as we know it. If she were to lead the new consumer protection agency, she could do serious harm to the country. But Charles Fried disagrees. Fried, who spoke to TNR this afternoon, is one of Warren's colleagues at Harvard Law School. He also served as solicitor general under Ronald Reagan and openly supported the nominations of John Roberts and Samuel Alito to the Supreme Court. In other words, he's a bona fide conservative.

The Liberal Hour
June 25, 2010

Washington—This week’s hearings over Elena Kagan’s nomination to the Supreme Court will mark a sea change in the way liberals argue about the judiciary.  Democratic senators are planning to put the right of citizens to challenge corporate power at the center of their critique of activist conservative judging, offering a case that has not been fully aired since the days of the great Progressive Era Justice Louis Brandeis. It was Brandeis who warned against the “concentration of economic power” and observed that “so-called private corporations are sometimes able to dominate the state.” None of

It's Alive
June 22, 2010

In 1997, Justice Antonin Scalia released a slender volume setting forth his judicial vision. In addition to defending originalism, Scalia sought to disparage what he viewed as the then-dominant mode of interpreting the Constitution. “The ascendant school of constitutional interpretation affirms the existence of what is called The Living Constitution, a body of law that ... grows and changes from age to age, in order to meet the needs of a changing society,” Scalia wrote.

The Left’s John Roberts
May 13, 2010

WASHINGTON— Brace yourself for several months of occasionally biting but essentially meaningless political theater over the nomination of Solicitor General Elena Kagan to the Supreme Court. Underlying the fight will be a fundamental divide between liberals and conservatives over the direction of the court. Thus, many senators who supported Chief Justice John Roberts and Justice Samuel Alito will oppose Kagan, while most who were against Roberts and Alito will be for her. The irony is that the surface similarities between Roberts and Kagan are breathtaking.

The Ten Biggest Issues Elena Kagan Will Face
May 09, 2010

Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog, where this piece was originally posted. Here is how I think the nomination process is likely to play out. I divide it into process and substance. First, the process: Note the relationship between Monday’s announcement and the Senate calendar. There are seven weeks between Monday and June 28.

Double Take
May 03, 2010

Miguel Estrada seemed to be a shoo-in for the federal bench. Nominated by George W. Bush to the D.C. Circuit Court of Appeals in 2001 when he was just 39, Estrada was born in Honduras. He arrived in the United States as a teenager speaking little English and went on to graduate from Harvard Law School and clerk for Supreme Court Justice Anthony Kennedy. He then worked at Wachtell, Lipton, Rosen & Katz, arguably the most prestigious law firm in the nation, and, later, as an Assistant U.S.

Kagan Revolution
April 27, 2010

Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog.

The Republican Civil War
March 02, 2010

All across the country, Republicans are fantasizing about a gigantic electoral tide that will sweep out deeply entrenched Democratic incumbents this November. In their telling, this deep-red surge will be so forceful as to dislodge even legislators who don’t look vulnerable now, securing GOP control of both houses of Congress. But could this scenario really come to pass? That will depend, in part, on what type of Republican Party the Democrats are running against in the fall. Hence the importance of this year's Republican civil war.

The Republican Civil War
March 02, 2010

All across the country, Republicans are fantasizing about a gigantic electoral tide that will sweep out deeply entrenched Democratic incumbents this November. In their telling, this deep-red surge will be so forceful as to dislodge even legislators who don’t look vulnerable now, securing GOP control of both houses of Congress. But could this scenario really come to pass? That will depend, in part, on what type of Republican Party the Democrats are running against in the fall. Hence the importance of this year's Republican civil war.

Brittle Activists
February 01, 2010

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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