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

Scrutiny of John Roberts: He Says He Will Vote to Uphold the University of Texas Affirmative Action Admissions Policy Because White Applicants Have Political Power. Seriously.

I (run7511) resurrected this commentary from March 2013. It is a realistic commentary about what John Roberts is all about. A take on what they were discussing then and how SCOTUS is reacting today. WASHINGTON — As the justices of the Supreme Court struggled with the question of same-sex marriage this week, politicians in Congress […]

You read it here first, AB readers. … [Important addendum added.]

I scooped everyone! ____ ADDENDUM: I would note that Ruth Bader Ginsburg will turn 83 on March 15 and that, while clearly still mentally very sharp, does not appear to be in good physical health.  There’s been a lot of speculation that if the Dem nominee, very likely now Hillary Clinton, wins the general election, and […]

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, […]

Dear Greg Sargent: YOU may not know what Scalia and Alito were up to yesterday. But I do.*

The chief justice said almost nothing. — Supreme Court Appears Sharply Split in Case on Health Law, Adam Liptak, New York Times Okay, so how well did my predictions from three days ago hold up at the argument yesterday* in King v. Burwell? Well, I got the outcome right, but not the particulars of how it will […]

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 […]

Cynthia Lummis’s (Stunningly) Glib Fraud

The big news story of the last 24 hours, of course, is the Senate Intelligence Committee’s sickening torture report.  But you might also have heard about Wyo. Rep. Cynthia Lummis’s dramatic statement yesterday as a member of Darrell Issa’s Committee on Oversight and Government Reform’s Jonathan Gruber/Marilyn Tavenner Obamacare hearing. The purpose of the hearing […]

The appalling failure today of Sonia Sotomayor, Elena Kagan, Stephen Breyer, Anthony Kennedy, John Roberts and Samuel Alito [Updated]

This speaks for itself.  I’m sure that Kennedy, Roberts and Alito call this ‘freedom’.  I won’t guess at what Sotomayor and Kagan call it.  But what Breyer calls it, or should, is conflict of interest.  Back when Breyer was lead counsel for the Senate Judiciary Committee, he helped draft the Federal Sentencing Guidelines—a really appalling […]

First-Reaction Thoughts About Hobby Lobby and Harris v. Quinn

I haven’t read the opinions, concurrence, or dissents in either Hobby Lobby or Harris v. Quinn, so these comments are based on news summaries and quick commentaries by others.  But the biggest surprise in Hobby Lobby, I think, is the express approval, in the opinion and in Kennedy’s concurrence, of HHS’s on-the-fly setup devised in […]

Ah, federalism. Which is in the eye of the beholders. The beholders being Clarence Thomas, Antonin Scalia, Samuel Alito, Anthony Kennedy, John Roberts … and the Koch brothers.

(Correction appended.) (Clarence Thomas in his separate concurrence]* adds that in his view the First Amendment religion clauses don’t apply to the states in the first place. And it only probably bars the establishment of a national church—leaving open the question for another day. — Let Us Pray:The Supreme Court gives its blessing for prayer […]