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Articles & Commentary

March 10, 2010

Corporations do not vote, they cannot run for office, and they are not endowed by the Creator with inalienable rights.  “We the People” create corporations and we provide them with special privileges that carry with them restrictions that do not apply to living persons.  These truths are self-evident, and it’s past time for the Court to finally get this right, once and for all.

February 5, 2010

The Supreme Court's thunder crack of a ruling in Citizens United, killing campaign finance reform, has also provided the president and his base with the clearest indication since Bush v. Gore of how much courts and judicial nominations matter. 

October 26, 2009

It's still early in President Obama's first term, but not too soon to conclude that the president's effort to "put the confirmation wars [for judges] behind us" is not going well. Only three of his 22 lower court nominees have been confirmed so far.

October 8, 2009

With an angry letter last week accusing Senate Republicans of "unprecedented obstruction" of his judicial nominees, President Obama seems to have realized the futility of his administration's well-intentioned objective of "putting the confirmation wars behind us." Wars end only when both sides agree to put down their arms, and Senate Republicans never had any desire to do that. So, what's the endgame for this session of Congress? And which side will prevail in the longer term?

October 5, 2009

Last week, the Senate recessed without confirming a single federal judge, a sad reminder that right-wing obstructionism has become so widespread that the World's Most Deliberative Body can no longer complete even the most basic tasks.

September 8, 2009

If the Supreme Court lifts restrictions on corporate campaign contributions, watch out.

August 11, 2009

By asserting with flimsy evidence that Obama wants judges who will disobey their oaths, the Monitor does just what it is warning against: directing anger towards judges and politicizing the judiciary.

August 10, 2009

Sotomayor's hearings shelved the stereotype that progressive judges rule based on their hearts and treat the Constitution as a play toy.

August 4, 2009
Senate debate over Elena Kagan's nomination will highlight the differences between liberal and conservative judicial theory.
Elena Kagan’s testimony during her Supreme Court confirmation hearings, which echoed important parts of Chief Justice John Roberts’s 2005 testimony, officially ended the heated debate over conservative “originalism” versus liberal “living constitutionalism.”
May 15, 2009

It's not just liberals who play the empathy card.