Prof. Geoff Stone argues that conservative Supreme Court justices are more ideologically inflexible and less meritocratic than their liberal counterparts. His evidence for this is that Of the 20 law clerks appointed this Term by the five conservative Justices — Roberts, Scalia, Kennedy, Thomas and Alito, 18 of the 20 — or an astonishing 90 […]
Archive | Judicial Power
Justice Kennedy on Judicial Intervention
In remarks at the University of Pennsylvania, Justice Anthony Kennedy lamented the state of American democracy, according to this AP report. “Any society that relies on nine unelected judges to resolve the most serious issues of the day is not a functioning democracy,” Kennedy said Thursday at the University of Pennsylvania “I just don’t think […]
Is there a Generational Divide over “Judicial Restraint” Between Reaganites and Libertarians?
By Ilya Somin on September 19, 2013 4:23 pm in Conservatism, Federalism, Health Care, Individual Mandate, Judicial Power, Libertarianism
Various commentators such as Garrett Epps, Mark Tushnet, and recent guest-blogger Josh Blackman argue that there is a generational divide among right of center jurists between Reaganite advocates of “judicial restraint” and later, more libertarian figures who are less willing to defer to legislatures and more eager to strike down laws they consider unconstitutional. They […]
Sherry (again) on Somin and Kerr
By Prof. Suzanna Sherry (Vanderbilt), guest-blogging on August 25, 2013 4:15 pm in Constitutional Law, Judicial Power, Supreme Court
I don’t know how Ilya and Orin and other bloggers do it. Like me, they have day jobs, but they seem to find time to write multiple careful and thoughtful posts! The press of other work means that this will probably be my last post, so I’ll try to be concise and complete. I thank […]
A Response to Kerr and Somin on Sherry
By Prof. Suzanna Sherry (Vanderbilt), guest-blogging on August 22, 2013 9:55 am in Constitutional Law, Judicial Power, Supreme Court
Orin Kerr and Ilya Somin have posted thoughtful responses to my essay, Why We Need More Judicial Activism, on which the Green Bag recently published a micro-symposium. Orin’s and Ilya’s posts deserve what I hope will be an equally thoughtful reply, and I thank Eugene Volokh for allowing me to post this reply as a […]
Is citizen control of taxes and spending unconstitutional?
By David Kopel on February 11, 2013 1:40 pm in Constitutional History, Constitutional Law, Judicial Power, Taxes
Colorado’s Constitution (Art. X, sect. 20) is the Taxpayer’s Bill of Rights. Like similar provisions in other states, Colorado’s TABOR requires voter approval for tax increases, and for most spending increases that exceed inflation plus population growth. Several state legislators have filed suit in federal court to have TABOR declared unconstitutional. Allegedly, requiring voter approval […]
President Obama versus the Constitution
By David Kopel on April 2, 2012 11:54 pm in Congress, Constitutional History, Constitutional Law, Constitutional Theory, Counter-Terrorism Policy, Executive Branch, Federalism, Growth of Government, Habeas, Health Care, History, Individual Mandate, Jefferson, Judicial Power, Obama, Presidency, Public Opinion, Supreme Court, Uncategorized, War on Terror
President Obama today fired his opening salvo in an unprecedented attack on the Constitution of the United States. Regarding the impending Supreme Court ruling on the health control law, the President said, “Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was […]
Gingrich on Judicial Review
Former Speaker and presidential hopeful Newt Gingrich has been turning heads with his comments on “judicial activism” and the “Arrogant overreach” of federal judges. From the WSJ: Republican presidential candidate Newt Gingrich came out swinging Saturday against the nation’s legal system, pledging if elected to defy Supreme Court rulings with which he disagrees and declaring […]
Kill Calder v. Jones!
By David Post on November 19, 2010 12:25 pm in Constitutional Law, Cyberspace Law, Internet, Judicial Power
It sounds like a good Civ Pro 101 (or, perhaps, Cyberlaw 101) exam hypothetical : “Your client, Scott Roberts, a Virginia resident, purchased a Pontiac engine block from Kauffman Racing Equipment, L.L.C., an Ohio-based company that builds automotive equipment and sells it to the public. Roberts purchased the engine block after viewing it on Kauffman’s […]
Assessing the Impact of State Constitutional Amendments Banning Gay Marriage
By Ilya Somin on August 30, 2010 11:27 pm in Constitutional Amendments, Gay Marriage, Judicial Power
In this post commenting on the revelation that former Republican National Committee chairman Ken Mehlman is gay, Yale lawprof Jack Balkin argues that the recent spate of state anti-gay marriage constitutional amendments may significantly retard progress towards gay equality: [Ken] Mehlman was the chair of the Bush 2004 presidential campaign, which deliberately used opposition to […]