Relevant and even prescient commentary on news, politics and the economy.

Linda Greenhouse On the Intense Aggressiveness of Conservative Legal Movement Justices and Judges

Former longtime NYT Supreme Court correspond, current biweekly Times columnist, and habitual woman-after-my-own-heart Linda Greenhouse, has a column today titled “Let’s Legislate From the Supreme Court Bench” about how very fond movement conservatives became a while ago of legislation from the bench. She makes the point that legislation from the bench is an absolutely essential […]

Hear, hear, Linda Greenhouse.

I don’t understand why some high-profile liberals are saying that the Supreme Court is becoming a liberal Court, although I guess that if you think the end-all-and-be-all of Supreme Court jurisprudence is culture-wars cases, then the two end-of-term culture-wars opinions that went liberal, and the gay marriage case last term, is all the proof you […]

Two Must-Read Columns in the NYT Today

Nicholas Kristof’s and Linda Greenhouse’s.  They’re on different subjects but, in my opinion, part and parcel of the same thing. ____ ADDENDUM: Reader Sandi and I exchanged these comments in the Comments thread here this morning: Sandi February 19, 2016 9:03 am One way Kristoff didn’t mention that amasses huge fortunes is our tax laws, […]

How the Supreme Court’s King v. Burwell Debacle Will End [Addendum added]

I have known for the last five weeks—since January 27, to be exact—that the Supreme Court will uphold the Administration’s interpretation of the federal-subsidies provisions in the ACA when it issues its decision in the infamous King v. Burwell case whose argument date at the Court is Wednesday.  I also have known since then that […]

Now That the Supreme Court Has Found a Right to Vote in the First Amendment, Are State Laws Denying the Vote to Convicted Felons Unconstitutional? You Betcha.

“There is no right more basic in our democracy than the right to participate in electing our political leaders.”  That’s how Roberts began the opinion. So I guess we can now assume that the Court will strike down all those voter-ID laws that so clearly impact that most basic of rights, and will do so […]

The Supreme Court and Politics–Especially the current conservative majority’s appropriation of the First Amendment in the service of Republican Party electoral victories

Dan Crawford emailed me this morning with a link to Linda Greenhouse’s op-ed in today’s New York Times, titled “Law and Politics,” and asked me to post about it.  A more apt title for the op-ed, which a headline writer rather than Greenhouse (whose bailiwick is the Supreme Court) titled, would be “The Supreme Court […]

About That “Poking Into Every Nook and Cranny of Daily Life” Thing, Chief Justice Roberts …

If there is no mystery about the nature of the chief justice’s views, I remain baffled by their origin. Clearly, he doesn’t trust Congress; in describing conservative judges, that’s like observing that the sun rises in the east. But oddly for someone who earned his early stripes in the Justice Department and White House Counsel’s […]

Anthony Kennedy and Antonin Scalia Say the Confederacy Won the Civil War and the Purpose of the Reconstruction Amendments Was to Reinforce Rather Than Diminish State Sovereignty. (Except on Affirmative Action, the Second Amendment, and Real Estate Property “Takings.”)

Leaving race aside for the moment (did someone mention that the Voting Rights Act has something to do with empowering black voters – who just might, for some strange reason, prefer Democrats?), what the court’s conservatives seem to see in Section 5 is a threat to state sovereignty — the “sovereign dignity” of the states, […]

John Roberts and Elena Kagan: Mirror Images of Each Other

The second biggest surprise of the day, after the survival of the Affordable Care Act, is that we’ve never really gotten over our collective crush on John Roberts. How else to explain today’s outpouring of praise, not merely for the decision but for the man himself, for his statesmanship and judicial modesty? All these years, […]

Linda Greenhouse’s ACA-Litigation-Outcome Tea-Leave Reading (And Why I Think She’s Right)

In an email exchange between Dan and me on Tuesday, I wrote: Btw, the Supreme Court has been amazingly slow this term in issuing opinions in high-profile cases.  Most of the opinions they’ve issued recently are on pretty esoteric issues; they’re important, but pretty inside-baseball.  A good example is an opinion they issued yesterday.  Here’s […]