Author Archive | Ilya Somin

Reuters reports the following: The United States has moved its ground-based interceptor missile defense system from test mode to operational amid concerns over an expected North Korean missile launch, a U.S. defense official said on Tuesday. The official, speaking on condition of anonymity, confirmed a Washington Times report that the Pentagon has activated the system, […]

Today is the 20th anniversary of the tragic death of U. of Maryland basketball star and Boston Celtics No. 2 draft pick Len Bias. Many experts, including Duke Coach Mike Krzywewski in the above-linked article, compare Bias’ talent to that of his ACC near-contemporary Michael Jordan. While I doubt that Bias would really have been […]

Some observers hoped and others feared that the Rapanos case might rein in the virtually limitless theory of federal regulatory power that the Supreme Court embraced last year in Gonzales v. Raich. My preliminary reading of the Rapanos opinions suggests that such hopes and fears have turned out to be groundless. The Rapanos majority does […]

SCOTUSBlog is running a discussion board on today’s Rapanos decision. Up so far are comments from Georgetown’s Richard Lazarus, Emory’s William Buzbee, and Chapman’s John Eastman. More to follow. The folks from the Pacific Legal Foundation, who represented Rapanos, are also busy with their reaction and analysis on the Rapanos blog.

In both Rapanos and Carabell, the petitioners obtained the remand of their cases, as they wanted, but should they be happy? Time will tell, but on my initial read it seems that the petitioners may have won the battle only to lose the war. Justice Scalia offered a plurality opinion that would significantly narrow the […]

The Stanley Cup is the oldest championship trophy in all of professional sports. So, let me join NRO’s John Miller in reminding everyone that tonight is gamy 7 of the Stanley Cup finals between the Edmonton Oilers and the Carolina Hurricanes. If Edmonton wins, they will become the first NHL team to come back from […]

SCOTUSBlog reports that a divided Supreme Court held this morning that Clean Water Act is limited. Justice Scalia wrote a plurality, with Justice Kennedy concurring (and providing the fifth vote). It appears to be a signficiant win for the petitioners, but the key will be how much Kennedy’s opinion modifies Scalia’s plurality. More to follow […]

Washington Post military correspondent Thomas Ricks reports on a crucial way in which the War on Drugs is undermining US efforts in the War on Terror in Afghanistan. According to Ricks, the US-sponsored campaign to eradicate opium poppy crops in Afghanistan is “resulting in an alliance between wealthy drug traders and anti government Taliban forces,” […]

Many people, including some commenters on my most recent post, don’t see why we should ever fire government officials because of their political and ideological views. Even if an official is a racist, homophobe, communist, etc., perhaps they should not be fired for this unless and until there is proof that their objectionable views affect […]

Although I am skeptical about the particular example that occasioned it, I agree with Eugene’s general point that some aspects of the gay rights agenda may pose dangers to individual rights that are important even to people who do hate gays or oppose the gay rights movement as such. This poses a dilemma for libertarians […]

I share some of Eugene’s concerns, expressed in his post below, that certain aspects of the gay rights movement (which I too generally support) may pose a threat to civil liberties. But I don’t think that the firing of Robert Smith, the Maryland appointee to the Washington Metro Board, for calling gays “sexual devian[ts]” is […]

A commenter on my last Rapanos-related post feels that I did not respond adequately to the concern that state efforts will be inadquate were the Supreme Court to narrow the scope of federal wetland regulation in Rapanos and Carabell. In this follow-up post, I will try to address this issue in greater detail (and point […]

The big decision of the day was that in Hudson v. Michigan. The “knock and announce” case produced a 5-4, conservative-liberal split. Lyle Denniston summarizes the case here. Orin has several posts on the decision over at that other site of his.

Two of today’s Supreme Court decisions have quite interesting lineups. In Howard Delivery Services v. Zurich American Insurance Co., a bankruptcy case, Justice Ginsburg wrote the majority for herself, the Chief Justice, and Justices Stevens, Scalia, Thomas, and Breyer. Justice Kennedy dissented, joined by Justices Souter and Alito. Empire Healthchoice Assurance Inc. v. McVeigh, a […]

Whenever I feel really depressed, I turn to Marcus Aurelius’ Meditations to brighten up my day. Marcus Aurelius was Emperor of Rome in 161-80, and a philosopher to boot. Being Emperor wasn’t as much fun for Marcus as you might think. Some examples of his happy thoughts: Begin each day by telling yourself: Today I […]