The death of Robert Bork this past December brought forth tributes to a man bearing no resemblance to the grotesque caricatures that emerged during the long debate over his 1987 nomination to the Supreme Court. Widely noted were his unswerving loyalty to friends and principles, his seminal intellect, his acerbic but not unkind humor and wit, and his lifelong sense of service and duty to his country.
On the morning of January 21, just before President Obama’s second inauguration, Rep. Paul Ryan, the Wisconsin congressman and House budget chairman who had run unsuccessfully as the Republican candidate for vice president, was roundly booed by the gathered crowd as he left the Capitol to attend the ceremonies on the Mall. Within minutes Daniel J. Freeman, a young career trial lawyer with the Voting Section of the U.S.
The Justice Department announced that 16 folks would be sent to prison for hate crimes against Amish folks. The defendants, who range in age from 23 to 67 and all lived in Ohio, were found guilty of "forcibly remov[ing] beard and head hair from practitioners of the Amish faith with whom they had ongoing religious disputes."
On Friday, a 3-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously declared President Obama’s “recess” appointments to the National Labor Relations Board (NLRB) to be unconstitutional.
Today, President Obama’s belief in a “living Constitution” came up against a ruling that enforced our fixed Constitution. A 3-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously declared Obama’s “recess” appointments to the National Labor Relations Board to be unconstitutional. In making those appointments when the Senate was still in session, Obama sought to do an end-around that deliberative body — a move made all the more striking by the fact that the Senate was, and is, controlled by his own party.
“There were giants in the earth in those days.” The death on December 19 of Robert Bork—superb legal scholar, preeminent constitutional thinker, principled public servant—calls to mind the other giants of American conservatism who have left us in the last decade: Bill Buckley and Irving Kristol, Milton Friedman and James Q. Wilson, Richard John Neuhaus and Jeane Kirkpatrick, Ronald Reagan and Jack Kemp. They were the greatest conservative generation. They rode into the valley of liberal orthodoxies and emerged sometimes triumphant, always unbowed. When can their glory fade? They left our nation stronger and better for their efforts.
Yesterday, we endured an esoteric debate over a jurisdictional statute that practically no one expects to actually affect the Supreme Court's review of Obamacare. Today, by contrast, was the argument we've all been waiting for: the challenge to the constitutional merits of Obamacare's individual mandate.
In order to make sure gays and lesbians are adequately represented on the judicial bench, the state of California is requiring all judges and justices to reveal their sexual orientation. The announcement was made in an internal memo sent to all California judges and justices.
There is no way around the contradictions and dangers inherent in Israel's decision to free over 1,000 prisoners in order to liberate Gilad Shalit. The only effect of a hard try to square the circle and make every contradiction disappear is a bad headache.
James Cole, recess appointed this week by President Obama to serve as deputy attorney general, famously wrote an op-ed on September 9, 2002, criticizing then-Attorney General John Ashcroft. Cole argued: