Tag Archives | Anthony Kennedy

The Supreme Court Completes Its Inversion of the Commerce Clause

In its ruling on South Dakota v. Wayfair—basically, the ruling that means you will now have to pay goddamned sales tax on everything you buy online—the Supreme Court has completed the long arc of its interpretation of the Interstate Commerce Clause. It has taken a constitutional provision whose original purpose was to limit the power […]

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Killing Freedom Softly

Today, in a resounding 7-2 ruling, the Supreme Court affirmed that the government cannot crush your freedom unless they’re really nice about it. The court ruled in favor of Jack Phillips, a devout Christian and proprietor of Masterpiece Cakeshop, who had been prosecuted by the Colorado Civil Rights Commission for refusing to bake a cake […]

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Five Things You Need to Read Today

Here’s your weekly update, for subscribers only, drawing your attention to five stories that are worth catching. This week, the main theme is internecine conflict within the left. 1. But Gorsuch! And Maybe More Such Falling back on the appointment of Neil Gorsuch to the Supreme Court is the clichéd response for Trump supporters who […]

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There’s No Such Thing as a “Moderate” Supreme Court Nominee

As expected, President Obama has appointed a supposedly “moderate” and “centrist” nominee for the Supreme Court, which is code for someone with a thin enough record of actual ideas and convictions that nobody can really tell how he would rule on anything. Clearly, Obama is hoping to shame Senate Republicans into confirming his nominee. The […]

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The End of the Umpire

I don’t think he realizes it, but Chief Justice John Roberts just killed the umpire. The most immediate political implication of last week’s court rulings is to change how we see the Supreme Court. Specifically, it will lead many of us to reject as a lie the theory that Roberts spoke about, with much apparent […]

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