SCOTUS Articles

Judging Roberts

The Chief Justice of the United States, ten years in
Nov 23, 2015

Is John Roberts a good judge? Ten years ago, President Bush appointed him chief justice of the United States. His anniversary, coinciding with the Supreme Court’s reconvening last month, naturally caused lawyers, scholars, and politicians to reflect upon his legacy on the Supreme Court.

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Republicans A Little Better on SCOTUS Nominees

But moderators should have talked to Rand Paul.
9:28 AM, Sep 17, 2015
Republicans debated on the eve of Constitution Day, and did our founding document more justice than usual.  Read more

The Next Justices

A guide for GOP candidates on how to fill Court vacancies
Sep 14, 2015

When Chief Justice John Roberts administers the oath of office to the next president, he will be flanked by three, and almost four, octogenarians: Justices Ruth Bader Ginsburg (83), Antonin Scalia (80), Anthony Kennedy (80), and Stephen Breyer (77). The next president will likely have the opportunity to appoint a replacement for one, two, three, or maybe even four of those justices. These decisions will reshape the Court and how it reads the Constitution for decades to come.

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Giving Thomas His Due

The justice who stands alone
Jul 20, 2015

For political observers, the story of the Supreme Court’s recently concluded term was the clash of two great colliding forces. On one side stood the Court’s always-unified liberal bloc, fortified by the apostasies of Republican-appointed Justice Anthony Kennedy and sometimes Chief Justice John Roberts, most prominently in cases involving same-sex marriage and Obamacare. On the other side stood Justice Antonin Scalia, a lion in winter, caustic and witty in his dissents.

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Justice Kagan in 2009: 'There Is No Federal Constitutional Right to Same-Sex Marriage'

2:14 PM, Jun 29, 2015

Over at the blog Legal Insurrection, law professor William Jacobson reminds us of this answer Elena Kagan gave to Senator John Cornyn in her confirmation hearings to be Solicitor General in 2009:

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Podcast: SCOTUS Going Back to Basics

Hosted by Michael Graham.
2:50 PM, Jun 26, 2014

The WEEKLY STANDARD podcast with frequent contributor Adam White on today's Supreme Court rulings.

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An Opportunity for the Court

Nov 04, 2013

Among the first cases heard by the Supreme Court in its new term is one from Michigan. The state stands accused of violating the Constitution’s equal protection guarantee by requiring equal treatment in public-university admissions decisions. Michigan has committed no such violation. Yet to judge by the oral argument in Schuette v. Coalition to Defend Affirmative Action, the Court, surprisingly, is closely divided. A decision against Michigan would be a setback for equal protection.

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Podcast: Reviewing the Recent Supreme Court Decisions

Hosted by Michael Graham.
5:00 AM, Jul 07, 2013

WEEKLY STANDARD executive editor Terry Eastland reviews the Supreme Court's decisions in Fisher v. University of TexasUnited States v. Windsor, and Hollingsworth v. Perry.

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Obama Visits Press Aboard Air Force 1; No Questions About Scandals, SCOTUS, Immigration

8:32 AM, Jun 28, 2013

President Obama stopped by the press cabin on Air Force One, as the presidential plane made its way to South Africa. While there, the press had a chance to ask the president about major issues concerning Americans: the scandals, the controversial Supreme Court decisions, immigration, and many others. 

Instead, the press asked about Obama's Africa legacy (or lack thereof), China's relationship with Africa, the commitment of U.S. companies to Africa, and whether he'll visit the ailing Nelson Mandela.

Here are the questions asked by the press to the commander in chief:

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Justice Scalia vs. Justice Roberts

A dispute among conservatives over the ­administrative state.
Jun 17, 2013

Last month, in City of Arlington, Texas v. Federal Communications Commission, the Supreme Court’s five judicial conservatives divided on a question concerning the relationship between federal courts and federal regulators. Justice Scalia wrote the decision for a majority that included Justice Thomas, and Chief Justice Roberts wrote the only dissent in the case, which was joined by Justices Alito and Kennedy.

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Another Reason to End Preferences

Affirmative action also hurts the ‘beneficiaries.’
Oct 15, 2012

Supremely Overdue

With Fisher v. University of Texas, the High Court can finally put an end to racial preferences in university admissions
Oct 01, 2012

Abigail Fisher, a white applicant to the University of Texas, contends that the university, in giving preference to minority applicants while rejecting her, discriminated against her unlawfully because of her color. The Supreme Court will hear the case this fall; it is likely that Fisher will prevail. The Texas 10 percent law and the special circumstances of that university present complications, of course, but the makeup of the Supreme Court today differs importantly from that of the Court that decided Grutter v.

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Unreliable Ally

Advocates of small government shouldn’t look to the Supreme Court for help.
Jul 16, 2012

As is abundantly demonstrated by the commentary on the June 28 decision upholding Obamacare, the drama of constitutional decision-making by the Supreme Court is irresistible. Such a significant issue decided, in effect, by one man! And that man, Chief Justice John Roberts—is he a lawless sellout to political pressure or a brilliant legal statesman? Is the fundamental constitutional principle of limited national powers gone forever? Or has Roberts laid down a subtle doctrinal roadmap that will eventually allow the Court to save our republic?

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Obamacare on Trial: Day One

6:20 PM, Mar 26, 2012

The solicitor general had an interesting morning. He argued before the Supreme Court's nine justices that Obamacare's individual mandate isn't a "tax"—even though he'll argue tomorrow that the mandate is a "tax." And then the government's top litigator invoked the possibility of incompetent government litigators as a reason to reject an argument raised by the plaintiffs

Welcome to the Supreme Court's review of Obamacare. One day down, two more to go.

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Justice Ginsburg's Unwillingness to Retire a Liberal 'Nightmare'

1:06 PM, Jul 07, 2011

James Taranto at the Wall Street Journal flags this AP report from the weekend about the growing impatience of the left with Ruth Bader-Ginsburg:

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Happy Hour: Who's Afraid of Chris Christie?

6:00 PM, May 23, 2011

"My question is, what the hell was the Secret Service agent driving the limo doing drinking a Slurpee while on duty?"

"Greece is fast running out of money"

Who's afraid of Chris Christie? Obama.

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