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

The DOMA Opinion

Now the shoe is on the other foot, and it is time for the court to strike down a federal statute in order to advance a liberal policy goal rather than a conservative policy goal. Justice Scalia’s paean to the democratic process* in his dissent sounds a little hollow, coming in the wake of his votes to […]

The Fundamental Principle That States Are People, My Friend

OH. WOW.  I actually called this exactly right in my post yesterday—this being, well, this.  [Inadvertently-omitted link to court opinion inserted.  H/T Dan Crawford.]  Specifically: Roberts’ 5-4 opinion today in Shelby County, Ala. v. Holder, the Voting Rights Act case that I discussed, and predicted the outcome of, in that post yesterday. Regular AB readers […]

Justice Kennedy Reads Angry Bear! Yup. There’s No Other Plausible Explanation for His Affirmative Action Opinion Today.

A longer-than-planned post on today’s Supreme Court opinion on state-college-admissions affirmative action programs.  (I’m up in Michigan’s Thumb region, sans cable and regular web service, and using my phone as a Wi Fi hotspot via the PdaNet app. I can attest that PdaNet is awesome.)  Here it is: The headline on Politico reads, “SCOTUS passes […]

Sooo … Akhil Reed Amar and Neal Katyal confuse the IRS and TSA with the FBI. I mean … really, profs??

Update: Link at Scotus blog http://www.scotusblog.com/2013/06/wednesday-round-up-187/. As prosecutors, police agencies and civil libertarians consider the ruling’s implications, Justice Scalia’s stark dissent — and the fact that President Obama’s two appointees to the court so far agreed with it — makes it worthy of scrutiny, even if he was on the losing side. His argument is […]

Justice Scalia Says Rightwing Economic Ideology is Mandated By the Constitution. Really.

Scalia regularly bars video or voice recordings of his off-the-bench speeches, and in at least one fairly recent instance, the details of which I can’t recall, he employed a member of the U.S. Marshals Service to enforce his policy.  If I recall correctly, a member of his security detail confiscated a reporter’s or law student’s […]

Is the IRS Inspector General Himself Partisan, Or Is He Just Stupifyingly Clueless About the Law?

After the tax agency was denounced in recent weeks by President Obama, lawmakers and critics for what they described as improper scrutiny of at least 100 groups seeking I.R.S. recognition, The New York Times examined more than a dozen of the organizations, most of them organized as 501(c)(4) “social welfare” groups under the tax code, […]

What Obligations Do Mainstream Media Editors (e.g., The Washington Post’s) Have to Bar Their Regular Political Columnists (e.g., Michael Gerson) From Stating Bald Misrepresentations of Fact?

Compare: When people realize that their most personal, sensitive, intimate, private health-care information is in the hands of the IRS that’s been willing to use people’s tax information against political opponents of this administration, then people have pause and they pull back in horror. — Michele Bachmann, on ABC News/Yahoo, May 20 (H/T Glenn Kessler, […]

The Internal Blue Cross/Blue Shield Revenue Service. Awesome!

“Since the I.R.S. also is the chief enforcer of Obamacare requirements, [Michele Bachmann] asked whether the I.R.S.’s admission means it ‘will deny or delay access to health care’ for conservatives. At this point, she said, that ‘is a reasonable question to ask.’ ” — Bob Unruh, Why Obama Released Embarrassing IRS Bombshell, WND Exclusive, May […]

Why, Yes! Of Course! The Voters Will Vote to End Social Security, Medicare, Dodd-Frank and the EPA Because the IRS Improperly Hassled Political “Social Welfare” Organizations and the DOJ Issued Sweeping Subpoenas of AP Phone Lines!

Well, that didn’t take long, did it? It began yesterday morning, with a Politico article by Jim VandeHei and Mike Allen, and an accompanying video by Allen, suggesting improper actions of the IRS resulting from its inability to adequately handle the tsunami of exempt-organizations applications, coupled with the DOJ’s overly aggressive use of its subpoena powers […]