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Articles & Commentary

October 5, 2009

Last week, the Senate recessed without confirming a single federal judge, a sad reminder that right-wing obstructionism has become so widespread that the World's Most Deliberative Body can no longer complete even the most basic tasks.

September 8, 2009

If the Supreme Court lifts restrictions on corporate campaign contributions, watch out.

August 11, 2009

By asserting with flimsy evidence that Obama wants judges who will disobey their oaths, the Monitor does just what it is warning against: directing anger towards judges and politicizing the judiciary.

August 10, 2009

Sotomayor's hearings shelved the stereotype that progressive judges rule based on their hearts and treat the Constitution as a play toy.

August 4, 2009
Senate debate over Elena Kagan's nomination will highlight the differences between liberal and conservative judicial theory.
Elena Kagan’s testimony during her Supreme Court confirmation hearings, which echoed important parts of Chief Justice John Roberts’s 2005 testimony, officially ended the heated debate over conservative “originalism” versus liberal “living constitutionalism.”
May 15, 2009

It's not just liberals who play the empathy card.

May 7, 2009

No judge we are aware of has asserted that the rulings of foreign courts should dictate how American judges interpret the U.S. Constitution, or be considered precedent that must be followed. The issue is whether American judges trying to resolve a dispute may look for guidance in how judges in other countries with similar legal systems have resolved similar disputes.

May 5, 2009

Conservatives are already fired up about Obama's judicial nomination. Is the White House prepared for the fight?

January 14, 2009

Where you stand often determines where you sit. If that maxim holds true, the Supreme Court is likely to divide sharply along ideological lines in the big environmental case argued yesterday, Coeur Alaska v. Southeast Alaska Conservation Council.

November 12, 2008

Here is an agenda for Barack Obama -- secure "a new birth of freedom" for the 21st century, push the Supreme Court to enforce the text and history of the Reconstruction Amendments, and nominate Justices who will do the same.