Slate‘s William Saletan, author of Bearing Right, writes on “Elena Kagan’s partial-birth abortion scandal,” concluding (as I did) that the events uncovered impugn the American College of Obstetricians and Gynecologists more than Kagan. But he also thinks there is a broader lesson to be learned here. He writes: Kagan, who was then an associate White […]
Archive | 2010
Sunday Song Lyric
Growing up in Philadelphia, it was probably inevitable that I’d prefer “God Bless America” over the “Star Spangled Banner.” The former became the de facto national anthem for the Philadelphia Flyers after their Stanley Cup championships of 1974 and 1975, at which the song was sung by Kate Smith. That it was written by Irving […]
“If they are endowed with inalienable rights, that is final.”
Some excerpts from President Calvin Coolidge’s magnificent speech on the 150th anniversary of the Declaration of Independence: …Amid all the clash of conflicting interests, amid all the welter of partisan politics, every American can turn for solace and consolation to the Declaration of independence and the Constitution of the United States with the assurance and […]
Gun License Fees and the Right to Keep and Bear Arms for Self-Defense
After McDonald, and the newly enacted Chicago handgun ordinance, people are again turning to whether and when gun license fees are unconstitutional. I’ve heard some argue that under existing constitutional rules applicable to other rights — especially the First Amendment — any fee for the exercise of a constitutional right is per se unconstitutional. But […]
Jackson County (Wisconsin) District Attorney Takes Broad View of the Second Amendment
From his press release: Yesterday, in a resounding victory for all freedom-loving Americans, the United States Supreme Court confirmed that the Second Amendment’s protection of our right to keep and bear arms applies everywhere in America, and serves as a rampart against state infringement of this fundamental individual liberty. In its ruling, the Court declared […]
The Rent Is 2 Damn High Party
From McMillan v. N.Y. State Bd. of Elec. (E.D.N.Y. June 25, 2010): Plaintiff James E. “Jimmy” McMillan III is the founder and leader of the Rent is Too Damn High Party. As one might glean from the party’s name, McMillan and his colleagues focus their political energies on the allegedly excessive amounts that landlords charge […]
“Give us the freedom intended for us”
Timothy Sandefur has a moving discussion of Frederick Douglass, the Fourteenth Amendment, and the McDonald case over on PLF Liberty Blog. I wish I could just post the whole thing here, but you should really click over. Here is how it opens: In December of 1872, Frederick Douglass, civil rights leader and former slave, published […]
The Limits of the Federal Law Letting You Travel With a Locked, Unloaded Gun
18 U.S.C. § 926A — part of the Firearms Owners’ Protection Act — provides (subsection lettering added), Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, (a) any person who is not otherwise prohibited by this chapter [18 U.S.C.S. §§ 921 et seq.] from […]
Advice to Lawyers: Avoid Talking About “Orders of Magnitude”
In the free speech / dogfighting video case, United States v. Stevens, the majority opinion said: The demand for hunting depictions exceeds the estimated demand for crush videos or animal fighting depictions by several orders of magnitude. Compare ibid. and Brief for National Rifle Association of America, Inc., as Amicus Curiae 12 (hereinafter NRA Brief) […]
Making Sense of the Supreme Court
Tom Goldstein has a nice post on SCOTUSBlog explaining why almost everythign you read about the Supreme Court is wrong. I say “almost” because many of his points have been made on this blog repeatedly (see, e.g., here and here). Among other things, he notes that ideological partisans overstate the degree to which the Court […]
My oral testimony on the Kagan nomination
Here, starting at 41:09. The next witnesses, William Olson, also testified on Second Amendment issues. After that, the three Senators at the hearing (Schumer, Sessions, and Hatch) asked questions to some of the witnesses, including Olson and me.
Goldsmith Gives It to the Judiciary Committee
Harvard law professor Jack Goldsmith testified in support of Elena Kagan’s confirmation to the Supreme Court today. No doubt one reason he was asked to testify is because he is a noted conservative and former Assistant Attorney General for the Office of Legal Counsel in the Bush Administration, and it’s always convenient to have a […]
Lauren Leto Stereotypes Readers/Authors
I like this. HT Instapundit – I hadn’t heard of Lauren Leto and her blog before, but I found this enjoyable: Stereotyping People by Their Favorite Author (by the way – I respect every author on here, kind of) J.D. Salinger Kids who don’t fit in (duh). Stephenie Meyer People who type like this: OMG. […]
Kagan’s Testimony on Property Rights
By Ilya Somin on July 1, 2010 6:54 pm in Eminent Domain, Judicial Nominations, Kagan Nomination, Kelo, Property Rights, Supreme Court
In an exchange with Republican Senator Charles Grassley yesterday, Elena Kagan made some interesting comments on property rights and the controversial Kelo decision: GRASSLEY: …. I want to start with private property. The takings clause of the Fifth Amendment states, “Nor shall private property be taken for public use without just compensation.” The plain language […]
Federalist Society Blog
The new FedSoc Blog is up; it is mostly aimed at reporting on new Federalist Society programs, publications, and podcasts.