Author Archive | Dale Carpenter

Robert Cox has the scoop. The basic conclusion: “[T]he AP is not on some wild rampage through the blogosphere, lawyering up to to go after every blogger who quotes an AP story in any way. Yet that is how this story has been portrayed . . . ” Thanks to Instapundit for the link.

As wedding bells begin ringing for gay couples and families in California, opponents of gay marriage are turning up the volume on a relatively new argument: that same-sex marriage is a threat to religious liberty. Just today we have seen two passionate salvos. Maggie Gallagher, writing at NRO, warns that gay marriage means “the official […]

I’m not positive that this is real, but I think it is. And if it is, Michelle Malkin is going to have a field day with it. And I wouldn’t be surprised if the Secret Service finds it worth following up, too. Hat tip: Victor Steinbok.

My co-blogger Jonathan Adler earlier noted the quite puzzling decision by Ohio state court judge James Burge blocking the state’s death penalty. After seeing the picture accompanying the USA Today’s coverage of the decision, however, I think I understand. (Hat tip: Bench Memos)

In today’s debates on Boumediene v. Bush, I think it’s worth noting that there’s a way in which Congress could still go back to the pre-Rasul or pre-Boumediene state of the law: Congress could formally suspend the Writ as it applies to Guantanamo Bay. The Suspension Clause does not require the writ of habeas corpus; […]

Today the Norwegian parliament passed a bill granting gay couples full marriage rights. Previously, Norwegian partners were entitled to enter domestic partnerships that withheld certain rights. Bruce Bawer watched the debate in parliament and sent this dispatch just before the vote: Today Tor André and I have been sitting at home watching online the final […]

Disagreeing with the recent Ninth Circuit decision applying intermediate scrutiny to the military’s exclusion of gay personnel under “Don’t Ask, Don’t Tell,” a 2-1 decision from the First Circuit today rejected a facial and as-applied challenge to DADT. The First Circuit’s decision is available here. The court rejected due process, equal protection, and First Amendment […]

The Court issued four more opinions this morning. Three were unanimous, and one (Engquist v. Oregon Dept. of Agriculture) was decided 6-3. Details here.

Some other law profs blogged portions of the AALS Mid-Year Conference on Constitutional Law. On Balkinization, Stephen Griffin reflects on the conference, and Mark Graber writes on “Regime Politics and the Countermajoritarian Problem.” Over at Dorf on Law, Michael Dorf comments on the opening plenary’s discussion of the Roberts Court, and outlines his Friday luncheon […]

Former Treasury Department officials Ernest Christian and Gary Robbins write: Last August, the government lost track of six nuclear warheads that ended up in cruise missiles affixed to the wings of B-52 bombers flying over American cities. The Federal Emergency Management Agency recently spent $2.7 billion to purchase 145,000 formaldehyde-soaked house trailers. They were for […]

Bob Kelleher was the surprise winner in Montana’s Republican Senate primary this past week. He’s a former Democrat who also ran for office on the Green Party ticket, though the Green Party has disavowed him. The Missoulian has more on him here. For the last 44 years, Kelleher has run for office 16 times and […]

Weezer is a quirky band from L.A. with a devoted following. One VC reader wrote to recommend their latest single, “Pork and Beans,” for today’s song lyric. The Wikipedia page on the song has an interesting tidbit about its inspiration: This was written by [lead singer Rivers] Cuomo as a reaction to a meeting with […]

A commenter to an earlier post wondered whether the relatively low rate of Senate confirmation of Bush appellate nominations in the past two years can be explained, in part, because Bush nominees were confirmed more rapidly (in comparison to prior administrations) earlier in his term. The short answer is “no.” For comprehensive statistics on judicial […]

The Club for Growth’s Pat Toomey explains why his organization is opposing the re-election of Congressman Don Young (R-AK). Over his 35 years in Congress, Mr. Young made himself into the most powerful Republican on the House Transportation Committee. But instead of using his power to steer Republicans down a principled, conservative track, he helped […]

On Monday I will appear on a panel at AEI in Washington, D.C. to discuss the legal and other implications of the Interior Department’s decision to list the polar bear as a “threatened” species under the Endangered Species Act. Joining me on the panel will be Bryan Arroyo, Assistant Director for the Endangered Species Program […]