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Articles & Commentary

November 12, 2008

Here is an agenda for Barack Obama -- secure "a new birth of freedom" for the 21st century, push the Supreme Court to enforce the text and history of the Reconstruction Amendments, and nominate Justices who will do the same. 

July 24, 2008

Talk about unfortunate timing. Just as conservatives in Congress shamelessly announced their latest "drill everywhere" energy plan on the steps of the Capitol yesterday, a major oil spill closed down part of the Mississippi River.

July 9, 2008

Barack Obama's rightward drift in recent weeks has hardly gone unnoticed or unrewarded. What's most fascinating about his efforts to appeal to the American center is the extent to which Obama, as a constitutional law professor and Harvard Law Review president, has repeatedly chosen the Bill of Rights as his vehicle for doing so.

June 25, 2008

The Court's reduction of punitive damages in Exxon Shipping Co. v. Baker is a nakedly activist decision that pulls its standard for limiting damages out of thin air, demonstrates hostility to the role of Congress, and continues a pattern of ignoring the Framers' views on the importance of civil juries. Progressives would do well to treat this decision with resounding scorn, and highlight it as a textbook example of why the Supreme Court matters.

June 10, 2008

It will probably take government officials, developers, and the courts a while to determine exactly how far federal protection for wetlands and waters extends after the Supreme Court's decision this week in Rapanos v. United States and a companion case, Carabell v. Army Corps of Engineers.

March 26, 2008

Barack Obama is just the latest person to get the history of the Constitution wrong by ignoring the Reconstruction amendments.

March 5, 2008
With the Supreme Court term moving past the halfway mark, corporate America's long-term investments in the federal judiciary are yielding impressive returns. The U.S. Chamber of Commerce's Robin Conrad gushed about a "hat trick" of Supreme Court victories one day in February, telling the Legal Times, "I don't think I've ever experienced a day at the Supreme Court like that."
December 30, 2007

Is the Constitution a partisan, Republican document? GOP candidates sure seem to think so.

September 13, 2007
Republican presidential candidates are crossing the country promising voters that they'll pick judges who will be "strict constructionists" of the U.S. Constitution. Meanwhile, Republican activists in California are trying to flout the Constitution in order to change the rules for the 2008 election. Last week, their bid to change the state's method for meting out its electoral votes was endorsed by the state GOP and cleared by the California secretary of state, moving it closer to a place on the June 2008 ballot.
August 6, 2007

The last Supreme Court term--with its tide-turning decisions on abortion, race, and campaign finance--has evoked familiar feelings for liberals. Just like the Democratic electoral defeats of the 1980s, not to mention the catastrophes of 1994 and 2000, these losses have triggered despair and introspection.