This next conversation is with Joshua Hawley, a former clerk to Chief Justice John G. Roberts, Jr., and an associate professor of law at the University of Missouri, about the arc of power exercised by the Supreme Court since the …
The Supreme Court has just released its decision and opinion(s) in Kiobel v. Royal Dutch Petroleum. I haven’t read or analyzed this carefully, but here’s the gist of it:
Kiobel involves the hotly contested question of whether the Alien …
I’ve griped before (I think) about the Supreme Court’s less-than-stellar record on protecting the commerce of the United States. The Upside-Down Constitution contains an extended riff on the theme. As always, I am entirely right. A pair of Supreme Court …
Some time ago, I commented on the Supreme Court’s increasing doubts about the Solicitor General’s good faith and candor. More in this vein comes from a party brief in a pending certiorari petition. The Court CVSG’s the case (i.e., …
Wilson Huhn has posted an article discussing in detail the likely effects if President Obama were to have the chance to replace any of the five nonliberals on the Supreme Court. Huhn argues that a large number of cases would …
Previously, I did a post reacting to John Robert’s “defection” from the conservatives on the Supreme Court that asked whether liberal justices ever did this sort of thing in important cases. Based on a couple of responses, I can list …
Glenn Reynolds links to Marc Thiessen’s Op Ed that points out the consistency of liberal justices as compared to the inconsistency of conservative ones:
Just compare the records over the last three decades. Democrats have appointed four justices — Ruth …
From the stacks: Hadley Arkes on the constitutional philosophy of the Justices who resisted the New Deal.…
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