Tag Archives | Supreme Court

A Formula for Power

Five Things You Need to Read Today 1. The Weird Neo-Puritanism of the Anti-Kavanaugh Crusade The contemporary left, with its nannyish campus sex rules and “rape culture” panic, has been inching itself toward a kind of neo-puritan ethic regarding sex. But during the controversy over Brett Kavanaugh, this new puritanism has been oddly widening to […]

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The Kavanaugh Hearings Are About Reason Versus Emotion

There is only one fundamental dividing line in the reaction to the televised hearings about accusations against Brett Kavanaugh, and it’s not solely a partisan one. It’s the line between those who judged the hearing based on emotions and those who judged it based on reason. The testimony of Kavanaugh’s accuser, Christine Blasey-Ford, added nothing […]

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The New Counterculture

Five Things You Need to Read Today 1. The New Counterculture Partisanship makes people into idiots. The Brett Kavanaugh media circus is providing us with plenty of examples, and I’ll cite just one on each side. On the left, I give you Hawaii Senator Mazie Hirono, who was asked, “Doesn’t Kavanaugh have the same presumption […]

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Generic White Male

The Brett Kavanaugh Supreme Court hearings have unexpectedly turned into the usual hopeless DC media circus—but with an ominous undercurrent to it. First, let’s look at the broad outlines of where we are at the moment, though by the time you read this there will undoubtedly some crazy new twist. Up to last weekend, the […]

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The Party of Dred Scott

Are Republicans ready to become the party of Dred Scott? I ask because that’s what Michael Anton—a conservative intellectual, former Trump administration official, and fanatical supporter of the president—just advocated in the Washington Post. Even worse, he implies that Trump should do it by executive fiat, in defiance of the Supreme Court. This is not […]

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America’s Legal Clerisy

Donald Trump has made his second appointment to the Supreme Court, and boy has he gone over to the establishment. His choice is a DC native straight out of Georgetown Prep and Yale, with strong ties to the administration of George W. Bush, who originally appointed him to the bench. So much for draining the […]

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Freedom Is Indivisible

The biggest news this week is that the left has officially turned against the First Amendment and freedom of speech—and just in time for the Fourth of July! If you’re on the right, it is not news that the left wants to shut us up. The only change is that this goal is being announced […]

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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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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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