Tag Archives | John Roberts

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 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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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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What to Look for in 2015

We’ve already counted down the top stories of 2014. But what can we say about what’s likely to happen in the new year? What are the big stories to look for in 2015? As the old saying goes, predictions are hard, especially about the future. The biggest stories are usually the things we can’t predict. […]

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