The False Media Claim about the Supreme Court
The media’s narrative of a “6-3 conservative majority” is obviously defective. But it does serve a purpose . . . .
Your Guide to This Year’s Constitutional Cases From SCOTUS, Part II
The current bench challenges administrative overreach, but not overreach by Congress.
Your Guide to This Year’s Constitutional Cases From SCOTUS — Part I
The Supreme Court issued both liberal and constitutionalist decisions.
Here’s What a Truly Conservative Supreme Court Would Do
A truly conservative-activist majority would strike down a range of state and federal economic regulations as violating due process. Gone would be minimum wage laws, maximum hour rules, price controls of any kind.
The new Supreme Court: not conservative, but no longer liberal
The court’s decisions upholding state vax mandates gave us a hint that it was about to overturn Roe.
The verdict is in: We do not have a “conservative Supreme Court”
The Supreme Court term just over certainly confirmed what I wrote shortly after it started: The constant refrain that the current bench is a “conservative Supreme Court” with a “conservative majority” is flat wrong.
First decision of the Supreme Court Term: a unanimous liberal result
The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .
The Defense of Marriage Act Case: A Carcass for Constitutional Vultures
(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the Supreme Court struck down the Defense of Marriage Act (DOMA)—is a carcass from which constitutional flesh-pickers will feast for a very long time. It is one of those cases like Dred Scott v. Sandford or […]
The Myth of the “Conservative Supreme Court”
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting the Constitution according to the understanding of the makers. The claim that the Court has a conservative majority is certainly widespread. Googling the phrase “conservative supreme court” turned up over 38 million hits. The more […]
