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

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 […]

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 […]

Taking a page from John Roberts, Jeb Bush solves the problem of workers working part-time who want to work full-time: The way to create full-time jobs for part-time workers who want, but can’t find, full-time jobs is for part-time workers who want, but can’t find, full-time jobs to start working full-time. [With awesome update!]

My aspiration for the country and I believe we can achieve it, is 4 percent growth as far as the eye can see. Which means we have to be a lot more productive, workforce participation has to rise from its all-time modern lows. It means that people need to work longer hours. — Jeb Bush, in an […]

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 […]

Obviously, the New York Times Editorial Page is Lying*

I know for a fact that the alleged facts stated in this New York Times editorial today are false.  Or at least that, contrary to the editorial’s claim, those facts, if true, no longer have any impact on black Americans’ financial status and educational opportunities.  None whatsoever. I know this because I read John Roberts’ and Anthony […]

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 […]

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 […]

The Confidence Fairy v. John Roberts (circa Apr. 2, 2014)

UPDATE: Wow. That tree limb I walked far out onto in my post below turned out to be sturdy after all.  A postscript is added below. Update posted 10/9 at 10:45 p.m. ____ There is no right more basic in our democracy than the right to participate in electing our political leaders. Citizens can exercise that […]

Libertarian? Or Fascist-Light?

The shooting death by police of Ferguson, MO teenager Michael Brown, and what has happened in the aftermath, has been blanketing the news for the past few days. It’s a story about race, but it’s also become a story about the power of the state and how it’s wielded, and against whom. So my question […]

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 […]