Tag Archives | Antonin Scalia

But Judges

The open spot on the Supreme Court places a spotlight on the constitutional role of a politician known for being unprincipled and caring more about getting and staying in power than about achieving the small-government agenda of the right—but who at least is being decisive and effective and getting something done that no one has […]

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The Trump Threat Level Is: Elevated

Three weeks into the Trump administration, is the new president living down to our worst fears, or is he doing better than expected? Let me put this in terms borrowed from the old color-coded Homeland Security Advisory System. The current Trump Threat Level is: Elevated. That’s the middle level, the yellow one between High and […]

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NeverTrump Is Over. So What Does It Do Next?

NeverTrump is over. I don’t mean that the idea was invalid or has been discredited. Certainly not by the election results, partly because it’s clear Trump squeaked by without a majority against a particularly unpopular and unloved opponent. Heck, he didn’t even get a plurality, since Hillary Clinton edged him out slightly in the popular […]

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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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King v. Burwell v. Marbury v. Madison

It’s time to add another item to the list of discarded liberal pieties: judicial review. The Supreme Court is no longer here to hold the executive branch accountable to the Constitution or the letter of the law. It’s here to run interference for the executive, to help it rewrite the law to fit its needs. […]

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