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

Dealing the Woman’s Card—Clinton’s. And Mine. And Dealing the Man’s Card—Bernie Sanders’s. And Donald Trump’s.

There are limits to the analogy between Clinton’s 2008 primary contest with Obama and Sanders’s primary contest now with her.  Clinton doesn’t get that.  But she needs to figure it out because the differences matter. — There are limits to the analogy between Clinton’s 2008 primary contest with Obama and Sanders’s primary contest now with […]

How I answered a survey from the Progressive Change Campaign Committee about the Merrick Garland nomination

I received an email this morning from the Progressive Change Campaign Committee, boldprogressives.org, asking that I complete a survey on the Garland nomination.  The email began with this question: What do you think about Merrick Garland and the Supreme Court vacancy now?  It continued: The president nominated Merrick Garland to fill the vacancy on the […]

GAG. (And Paul Krugman is just so, so mystified that so many progressives support Sanders. Be mystified no longer, dear professor.)

Dan Crawford gave me the news this morning before I’d already learned of it. He emailed me with the subject title: “Merrick Garland…here we go!” He linked, without comment, to the NYT article on the announcement. I responded: UGH. I guess the idea is that there just aren’t enough super-establishment Supreme Court justices already. We […]

John Cornyn Adopts Trump-Like Fascism Techniques. Good Job, Donald! [Updated.]

Dan Crawford sent me links to these two articles about Senate Judiciary Committee enforcer John Cornyn’s threat on Tuesday that he and his compadres will destroy the reputation of anyone nominated by Obama for Scalia’s seat.  I responded to him after reading the articles: You know, Dan, this is so palpably, stunningly offensive that Sanders and Clinton need […]

I finally agree with (much of) a Krugman criticism of the Sanders campaign. (And why I’m glad he made the criticism in the way he did.) [Clarification added 2/20 at 11:05 a.m.; update added 2/21 at 9:40 a.m.]

Bernie Sanders hates the Supreme Court’s decision in Citizens United v. FEC, which held that corporations have a First Amendment right to spend unlimited sums advocating for their preferred candidate. Who doesn’t? Citizens United was a deeply misguided decision that vastly underestimated the state’s compelling interest in preventing the appearance of corruption that massive corporate electioneering inevitably creates. […]

Biden Tips Obama’s Hand On the Choice for the Supreme Court Nomination. (I’m not unhappy about the selection.)

Obama’s choice to replace Scalia, it appears from Biden’s comments this morning, will be Jane Kelly, whom Obama appointed to the Eighth Circuit Court of Appeals, based in St. Louis, in 2013. Josh Lederman of the Associated Press reports: WASHINGTON (AP) — President Barack Obama is looking to nominate a Supreme Court candidate who has […]

A Question For Democratic Senate Judiciary Committee Members to Ask Sri Srinivasan If Obama Nominates Him to Fill Scalia’s Seat

In private practice, prior to his appointment to the appeals court, Srinivasan successfully represented former Enron Corp CEO Jeff Skilling in a Supreme Court case. The Supreme Court narrowed the reach of the so-called honest services fraud law, invalidating one theory used by prosecutors for Skilling’s conspiracy conviction and ordering further appeals court review. Despite […]

Okay, let’s have a show of hands here: How many of you progressives want Obama to nominate a moderate to take Scalia’s seat? Because the Supreme Court should always be comprised only of arch-conservatives and a few moderates. How many want a former prosecutor, on the theory that the federal bench does not already have enough former prosecutors, and because the Supreme Court is just toooo pro-non-white-collar criminal defendant and tooo favorable to civil rights plaintiffs involved in the criminal-justice system?

Or how about another former Washington corporate mega-law-firm partner?  Like John Roberts?! Only moderate.  I mean, but what if he or she is an Asian?  And would be the first Asian on the Court?!  Or a woman?  Or, and a woman? Or what if she’s a woman whose husband is a military reservist?!  Or is a black former prosecutor, no gender preferred?  Or has political experience?! […]

The immediate impact of the death of Justice Scalia [correction appended]

Dan Crawford emailed me shortly after the news broke about Justice Scalia’s death, asking whether I have any random thoughts about it.  Here’s what I wrote back: I posted a comment to Bill’s post on the announcement, saying that I think everyone should take a deep breath before saying much of anything.  It’s absolutely huge, […]

Conservative Legal Movement Week at the Supreme Court

This is Conservative Legal Movement Week at the Supreme Court.  (Okay, even more so than most weeks.)  Things really get going tomorrow, when the court will hear argument in two legislative-redistricting cases at the behest of (surprise!) Conservative Legal Movement voters represented by Conservative Legal Movement lawyers whose names on a petition for review (a […]