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October 15, 2008

Here at Text & History, we have been critical in the past of how Barack Obama talks about his potential nominees to the Supreme Court.

October 15, 2008

Chief Justice John Roberts is enjoying a ton of favorable publicity today for his channeling of Raymond Chandler in the first two paragraphs of a dissent yesterday from a Supreme Court decision not to review a ruling by the Pennsylvania Supreme Court in Pennsylvania v. Dunlap:

October 10, 2008

Earlier this week President Bush was in Cincinnati, delivering a speech that touted his judicial legacy:

Our Founders gave the judicial branch enormous power. It's the only branch of government whose officers are unelected. That means judges on the federal bench must exercise their power prudently, cautiously, or some might even say, conservatively. (Laughter.)...

October 7, 2008

Conservatives have learned how to talk about judicial nominations and the future of the Supreme Court in ways that rally the base while not alienating the political center, and progressives haven't mastered this trick.

October 6, 2008

While the Supreme Court Term that starts today doesn’t yet have the constitutional blockbusters of last year, it nonetheless holds some cases that could be the sleeper hits of the constitutional canon. From government accountability to federalism to voting rights, the Court will have the opportunity to significantly strengthen—or constrict—several fundamental constitutional principles. In all of these cases, the text and history of the Constitution speak to the questions presented and point to progressive outcomes.

October 2, 2008

A while back, Barack Obama chided Sarah Palin for a line in her speech at the Republican National Convention that seemed to mock the individual rights protected by the Constitution.