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

Anthony Kennedy Adds the Fifth Vote in the Citizens United Against Gerrymandering Opinion

Tomorrow, in addition to the predictable ruling in the EPA/mercury-emissions case, and in addition to a declaration of a constitutional right to same-sex marriage—another 5-4 ruling, in Obergefell v. Hodges—the Court will issue an opinion in Arizona State Legislature v. Arizona Independent Redistricting Commission, a case that could directly implicate continued Republican control of the House of Representatives.  […]

Horses, Carts, and the Order in Which They Belong

Democrats should take continued GOP opposition to Obamacare very seriously. It has serious real-world consequences. As long as states hold out against the Medicaid expansion, it could slow the law’s efforts to realize its goal of expanding coverage. One thing this means is that Democrats should redouble their efforts to regain electoral ground on the level […]

Scalia’s Craven Self-Contradiction and Pettifogging Pedantry

In his dissent to Edwards v. Aguillard, Supreme Court justice Antonin Scalia made a neat distinction, sidestepping the issue of “legislative intent” that he finds so troubling: it is possible to discern the objective “purpose” of a statute (i. e., the public good at which its provisions appear to be directed), (The dissent is obsessed with […]

In its ACA opinion today, the Court significantly narrowed its “Chevron-deference” doctrine. I’m glad. Even despite the immediate repercussions for EPA authority.

[T]oday’s victory may have been even more decisive than it looks at first glance. It isn’t just that the Court ruled six-to-three in favor of the government’s position, with John Roberts and Anthony Kennedy joining the Court’s liberals in support of a single, non-splintered decision, though that’s important. It’s also that Roberts’ opinion may have precluded […]

Yup. It didn’t take long for mainstream political journalists to misread the new poll on Rubio/Bush/Walker vs. Clinton.

Clinton is currently running ahead of all her likely Republican opponents, according to RealClearPolitics, but not by much: 4.2 points ahead of Marco Rubio; 5.2 points over Jeb Bush; and 6.8 points over Scott Walker. These are not impressive numbers for a candidate with universal name recognition against candidates who are much less widely known. […]

The Strongest Deal Possible?

“The president should listen to and work with his allies in Congress, starting with Nancy Pelosi, who have expressed their concerns about the impact that a weak [Trans-Pacific Partnership] agreement would have on our workers to make sure we get the best, strongest deal possible.  And if we don’t get it, there should be no […]

We Believe ? ? ?

Almost one year old (July 18, 2014) this speech by Senator Elizabeth Warren. We Believe: – “We believe that Wall Street needs stronger rules and tougher enforcement, and we’re willing to fight for it.” – “We believe in science, and that means that we have a responsibility to protect this Earth.” – “We believe that […]

Rick Perry admits that deregulation of the financial services industry, and insufficient economic stimulus in the wake of economic collapse, were mistakes. Cool!

Republicans jumped on Clinton’s decision [in her speech today] to cite her ties to Obama and were trying to raise money off the speech almost as soon as it ended. In an email appeal asking for donations, former Texas Gov. Rick Perry wrote, “We want to look toward a brighter future, not backward at the […]