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Law

Restraining Arizona, Unleashing the President

When the Obama administration decided that it had no interest in preventing the movement of undocumented aliens from Mexico into the southwest United States, the State of Arizona ...

Trial and Terror

Republican members of Congress and what masquerades as a “conservative” media are outraged that the Obama administration intends to try in federal court Khalid Sheikh ...

Is America Serious?

Are we at war—or not? For if we are at war, why is Khalid Sheikh Mohammed headed for trial in federal court in the Southern District of New York? Why is he entitled to a ...

Hate Is Not a Crime

When openly gay college student Matthew Shepard was targeted, tortured and murdered in 1998 the story made national headlines. Soon after, MTV sent a camera crew down to ...

The Devil’s Advocate

Authors of serious books seldom have cause to celebrate, but Larry Stratton and I have two reasons to open the champagne. Crown Publishing, a division of Random House, has ...

They Really Meant It

[Editor’s note: see also rounds 1-3 of our debate on originalism, interpretation, and whether the Constitution actually means anything. Austin Bramwell, “Original ...

The Genuine Article

Austin Bramwell says that I argue, "€œthe Constitution grants the Federal government [sic] a handful of limited powers, but leaves the states free to govern as they like."€ ...

Phony Originalism

Since the days of Ronald Reagan and Edmund Meese, the Republican Party's position has been that judges should be bound by the people's understanding of a particular constitutional ...

Demand Justice for WASPs!

When Republicans were warned not to give Sonia Sotomayor the drubbing Democrats gave Robert Bork and Sam Alito—lest they be perceived as sexist and racist by women and ...

Ricci: Episode II”€”The Phantom Menace

Every so often, an action hit comes out of nowhere"€”Mad Max, Terminator, Ricci v. DeStefano. Inevitably, we start hoping that the big budget follow-up can keep the same ...

How To Handle Sonia

Republicans have been given fair warning. Should GOP senators treat Sonia Sotomayor as contemptuously as Democrats treated Robert Bork, Clarence Thomas and Sam Alito, they ...

The Frank Ricci Indecision

On Monday, June 29, 2009 the U.S. Supreme Court ruled for the plaintiffs, a group of white firefighters, in the case of Ricci v. DeStefano. According to the Court, New Haven, ...

Affirmative Action Baby

Having lost the Congress in 2006 and the White House in 2008, Republicans are looking to redefine themselves for a nation that still leans conservative but is less Republican that ...

The Quota Queen

If the U.S. Senate rejects race-based justice, Sonia Sotomayor will never sit on the Supreme Court. Because that is what Sonia is all about. As the New York Times reported ...

The Trouble With Sonia

President Obama admittedly chose Sonia Sotomayor in part because of her “varied experience.” Sotomayor finds much worth in the “richness of her ...

Here Comes Sonia

When you think about it, Sonia Sotomayor is the perfect pick for the Supreme Court—in Barack Obama’s America. Like Obama, himself a beneficiary of affirmative ...

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