Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Andrew Napolitano - The President and The Courts

Last week, in a public courtroom in the federal courthouse in Seattle, the states of Washington and Minnesota — after suing President Donald Trump, alleging injury caused by his executive order that suspended the immigration of all people from seven foreign countries — asked a federal judge to compel the president and all those who work for him to cease enforcing the order immediately. After a brief emergency oral argument, the judge signed a temporary restraining order,  ... MORE

Thomas Sowell: Football and Fallacies

This is a football story with both political and legal implications.

It was fourth down in a National Football League game, and the punting team came onto the field. The other team went into their formation to defend against the punt. Then somebody noticed that the man set to kick the punt was black.  ... MORE

Limits To President Obama's Executive Order Authority

by Andrew Napolitano.      In 2014, President Barack Obama signed 12 executive orders directing various agencies in the departments of State, Justice and Homeland Security to refrain from deporting some four million adult immigrants illegally present in the United States if they are the parents of children born here or legally present here and if they    ... MORE

More People Recognizing Copyright's 'Free Speech Problem'

by Mike Masnick.  For many years now, we've written about the fact that copyright law and the First Amendment are actually in quite a lot of conflict. After all, copyright is regularly used to stifle speech, and the First Amendment isn't supposed to allow for the barring of speech. Over the years, legal experts have been increasingly starting to realize    ... MORE

Thomas Sowell: Supreme Hypocrisy

Politics as usual.  If there is one thing that is bipartisan in Washington, it is brazen hypocrisy. Currently there is much indignation being expressed by Democrats because the Republican-controlled Senate refuses to hold confirmation hearings on President Obama's nominee to the Supreme Court, to fill the vacancy caused by the death of Justice Antonin ... MORE

Ilya Somin: Supreme Court Dismisses Nebraska-Oklahoma Lawsuit Against Marijuana Legalization In Colorado

Drug warriors take one on the chin.     The Supreme Court today refused to hear a case filed by the states of Nebraska and Oklahoma claiming that neighboring Colorado’s legalization of marijuana violates federal law and inflicts various harms on them: The U.S. Supreme Court on Monday refused to consider a lawsuit from Nebraska and         ... MORE

Justice Sotomayor Supports Practice Of Jury Nullification

by Joe Wolverton, II, J.D.  An article published by the Fully Informed Jury Association reports that on February 8, Supreme Court Justice Sonya Sotomayor (shown) told a group gathered at New York University that she disagreed with the Second Circuit Court’s holding in United States vs. Thomas. In that ruling, the court refused to recognize the    ... MORE

Ilya Somin: The Future Of Originalism After Scalia

A long-term war of attrition.     Prominent legal scholar Eric Posner recently argued that originalism is likely to fade away in the aftermath of the death of Justice Antonin Scalia, its leading advocate on the Supreme Court. In Posner’s view, the Supreme Court is virtually the only significant audience for originalist constitutional arguments, and it is      ... MORE

Conservative Icon Thomas Sowell Endorses Ted Cruz

by Jordan Schachtel.     The Supreme Court is paramount. Thomas Sowell, a leading intellectual who has been on the frontlines of the conservative movement for decades, is endorsing Sen. Ted Cruz (R-TX) as his choice to be the next President of the United States. Writing in RealClearPolitics, Sowell explained that “the vacancy created   ... MORE

John W. Whitehead: The People Vs The Police State

The struggle for justice in the Supreme Court.    The untimely death of Supreme Court Justice Antonin Scalia has predictably created a political firestorm. Republicans and Democrats, eager to take advantage of an opening on the Supreme Court, have been quick to advance their ideas about Scalia’s replacement. This is just the beginning of the     ... MORE

Andrew Napolitano: Justice Scalia & Constitutional Fidelity

Integrity matters. When the sad news came of the sudden death this past weekend of U.S. Supreme Court Justice Antonin Scalia, I wept for my friend. We had developed a happy friendship during the past 15 years, one which I had selfishly hoped would endure. He permitted his friends to see all of him. We knew him to be in private just as he appeared in   ... MORE

VIDEO: GOP Candidates - Replacing Justice Scalia

Thomas Sowell: Tragedy And Choices

Where Donald Trump may lead.     Amid the petty bickering, loud rhetoric and sordid attack ads in this year's primary election campaigns, the death of a giant — Justice Antonin Scalia — suddenly overshadows all of that. The vacancy created on the Supreme Court makes painfully clear the huge stakes involved when we choose a President of the United   ... MORE

How The Politics Of The Next Nomination Will Play Out

by Tom Goldstein.   Excellent analysis!  This post substantially revises and supersedes my earlier one on how the political parties will likely approach the Scalia vacancy, in which I had concluded that Ninth Circuit Judge Paul Watford was the most likely nominee.  On reflection, I think that Attorney General Loretta Lynch is more likely.  I also   ... MORE

Dennis Sevakis: Is It Possible To Restrain The Federal Judiciary Or Downsize The Federal Government?

A population frozen in an extended adolescence.      When one man, Justice Anthony Kennedy, acting as the deciding swing vote on the Supreme Court, declared that “gay marriage” was now the law of land for a country of some 320 million persons, he may as well have been seated on a planet other than the one originally occupied by the men who   ... MORE

VIDEO: Thomas Sowell - Wealth, Poverty And Politics

Justice Sotomayor Has Kind Words For Jury Nullification

by Jacob Sullum.   Because justice is a result, not just a process. This week Supreme Court Justice Sonia Sotomayor had some kind words for jury nullification, which empowers jurors to judge the law as well as the facts of a case and may involve disregarding the law when the law is unjust. During a discussion about juries at NYU Law School on   ... MORE