Ensuring the President “shall take Care that the Laws be faithfully executed”
We have only just begun to see the true nature of Roberts Court version 8
Michael C. Dorf
Cornell Law School
There really is nothing the administration can now do that ought to lead to approval of the citizenship question
Justice Thomas argues that because some people once favored a legal right to abortion for a bad reason, it should be banned today. That argument is mistaken.
The Mueller Report could but won't be used as the basis for impeachment. Meanwhile, it leaves two fundamental questions unanswered.
The decision is justifiable as a bright-line rule, but the case was not quite the no-brainer that the justices imagined
And because Trump is a threat to constitutional democracy, the stakes over whether to call his bogus emergency 'merely' unlawful or also unconstitutional are non-trivial.
So no, the abortion right is not safe. But it's not in quite as much immediate danger as one might have thought. And that's not nothing.
I'd like to raise a few questions about the current bout of Senate skepticism that rests on first principles
Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.
Would Justice Thomas really strike down federal legislation restricting abortion? We may soon find out.
I want to begin exploring ways in which liberals might try to defend what we value in the coming era of Supreme Court extreme conservatism
Let's not kid ourselves. Today's decision in NIFLA is an ideological decision.
The Supreme Court decided two merits cases today and took one extremely puzzling action via a summary order. The unifying theme I'll identify is taint.
I wouldn't accuse any of the justices of voting in voting rights cases based on a conscious calculation of what's best for the Republican or Democratic Party. But an inference of at least subconscious bias certainly fits the facts.
There are times when strategic ducking makes sense practically if not strictly legally