Judicial Articles

Servant of the Law

The experience, and good sense, of Robert Bork.
Mar 04, 2013

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.

 Read more

Why Did Prosecutors Cut a Deal with the Devil?

Jared Lee Loughner escapes the death penalty.
1:50 PM, Aug 09, 2012

Jared Lee Loughner, who killed six people and injured thirteen others (including then-Rep. Gabrielle Giffords) last year near Tucson, cut a deal yesterday: By agreeing to plead guilty to perpetrating the massacre, federal prosecutors in return spared the 23-year-old from the death penalty.

 Read more

Is Obama in Favor of Letting States Decide on Marriage?

6:05 AM, May 21, 2012

The New York Times gushingly describes how President Obama’s unique background — he’s “a man from many worlds,” “a transcender of tribes,” and, yes, “a former constitutional law professor” — has allowed him to unearth a creative “middle way” on the question of redefining marriage.  That “middle way,” according to the Times’s account, is to come o

 Read more

The Rise and Fall of Spanish Judge Baltasar Garzón

9:15 AM, Feb 17, 2012

On February 9, the Spanish supreme court unanimously ruled to disbar Baltasar Garzón, the Spanish judge who famously indicted former Chilean dictator Augusto Pinochet using the legal doctrine of universal jurisdiction, for ordering illegal wiretaps.

 Read more

Obama Judicial Appointee Under Fire from Bobby Jindal

8:35 AM, Feb 17, 2012

A judge that President Obama nominated for a district court bench “has thrown out a Louisiana law that bans certain sex offenders from Facebook and other social networking sites,” WDSU reports. “U.S. District Judge Brian Jackson ruled Thursday that the prohibition—which took effect in August—was too broad and infringed on constitutionally protected speech.”

 Read more

Confirmation Bias: A Shameless Flip-Flop on Recess Appointments

11:44 AM, Jan 10, 2012

President Obama’s recent recess appointments have sparked no shortage of legal commentary. Does the president have the power to declare that the Senate is in "recess" in the middle of a session, and then to use his constitutional "recess appointment" power to install disfavored personnel at federal agencies?

 Read more

Supreme Court to Hear Obamacare Challenge Involving 26 States

But will the case be heard by 8 justices, or 9?
10:12 AM, Nov 15, 2011

The U.S. Supreme Court announced that it will hear a challenge to the Obamacare ruling issued by a 3-judge panel of the 11th Circuit Court of Appeals.

 Read more