Tag Archives | Supreme Court

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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A Giant Effigy of Marx

Five Things You Need to Read Today 1. Jaw-Jaw Is Better Than War-War I recently responded to a claim, reflecting the conventional wisdom of the Trump-era right, that “ideas and persuasion are insufficient” for the pitched culture war we are currently in. This is often expressed in the conviction that scribblers like me are useless […]

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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. Today, the main theme is the self-enforcing, corporate-sponsored totalitarianism America is currently talking itself into. 1. All Hail Our New Corporate Overlords For as long as I can remember, the bogeyman of the left has been our evil […]

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The Trump Conundrum

Top Stories of the Year: #2 I’ve been counting down the top news stories of 2017, and after covering the ineffective flailings of the “Resistance,” I promised a look at the conundrum posed to the right by the Trump administration. In judging the administration so far, I think it’s fair to look back at my […]

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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 the strange contempt for science among its vocal defenders. 1. Whatever Happened to Freedom of Association? The latest adventure in coerced baking—the Supreme Court is hearing Masterpiece Cakeshop v. Colorado Civil Rights […]

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