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Articles & Commentary

June 25, 2008

The Court's reduction of punitive damages in Exxon Shipping Co. v. Baker is a nakedly activist decision that pulls its standard for limiting damages out of thin air, demonstrates hostility to the role of Congress, and continues a pattern of ignoring the Framers' views on the importance of civil juries. Progressives would do well to treat this decision with resounding scorn, and highlight it as a textbook example of why the Supreme Court matters.

June 10, 2008

It will probably take government officials, developers, and the courts a while to determine exactly how far federal protection for wetlands and waters extends after the Supreme Court's decision this week in Rapanos v. United States and a companion case, Carabell v. Army Corps of Engineers.

March 26, 2008

Barack Obama is just the latest person to get the history of the Constitution wrong by ignoring the Reconstruction amendments.

March 5, 2008
With the Supreme Court term moving past the halfway mark, corporate America's long-term investments in the federal judiciary are yielding impressive returns. The U.S. Chamber of Commerce's Robin Conrad gushed about a "hat trick" of Supreme Court victories one day in February, telling the Legal Times, "I don't think I've ever experienced a day at the Supreme Court like that."
December 30, 2007

Is the Constitution a partisan, Republican document? GOP candidates sure seem to think so.

September 13, 2007
Republican presidential candidates are crossing the country promising voters that they'll pick judges who will be "strict constructionists" of the U.S. Constitution. Meanwhile, Republican activists in California are trying to flout the Constitution in order to change the rules for the 2008 election. Last week, their bid to change the state's method for meting out its electoral votes was endorsed by the state GOP and cleared by the California secretary of state, moving it closer to a place on the June 2008 ballot.
August 6, 2007

The last Supreme Court term--with its tide-turning decisions on abortion, race, and campaign finance--has evoked familiar feelings for liberals. Just like the Democratic electoral defeats of the 1980s, not to mention the catastrophes of 1994 and 2000, these losses have triggered despair and introspection.

August 1, 2007

The faux originalism of Justice Clarence Thomas.

April 25, 2007

It is a dirty little secret that industry dislikes federal environmental regulation more than anything -- except a patchwork of regulation at the state and local level. We learned this at the beginning of the environmental era, when industry fought the federal Clean Air Act tooth and nail until it became clear that, absent federal legislation, states were going to take matters into their own hands.