just as I’m not going to celebrate her death, I’m also not going to celebrate Ginsburg’s life, and join in this rather bizarre elevation of her to sainthood across the political and social spectrum. Few jurists have been more wrong, more often, and more loudly, than Ginsburg, and with more horrible, real-world consequences. And worse, this cannot be written off as simply a failure of judgment, when it’s quite clearly a failure of values.
Understanding Today’s Two Religious Liberty Supreme Court Decisions
The Supreme Court issued two religious liberty decisions today, one concerning whether religious organizations are required to provide contraceptive coverage in their insurance plans under Obamacare, and one concerning the extent to which religious organizations are immune from liability in employment discrimination cases. And as usual, the media understands neither.
The Key Failure of Bail Reform that Everyone’s Missing
Bail reforms have been a failure because they neglected to factor in that fewer criminals incarcerated necessitates more police on the streets, more probation officers to monitor them, and more judges, prosecutors, and public defenders to dramatically accelerate trial dates and minimize the time between arrest and conviction, during which the accused remains free on the streets to cause more chaos.
Susan Collins May Have Just Saved Roe v. Wade
Thank God this Brett Kavanaugh fiasco is now behind us. After weeks of hysterics, it seems especially fitting that a confirmation process, that somehow turned into a referendum on whether this country cares about women, ultimately hinged on the decision of one woman, who has now become the unlikely face, and victim, of misogyny. But […]
Nominating Amul Thapar to the Supreme Court Will Allow Trump To Take The Offensive In What Will Be A Tough Battle.
This is going to be a fight. Trump should select Judge Amul Thapar to go to battle with him. With the long-overdue retirement of Supreme Court Justice Anthony Kennedy, conservatives, by nature a pessimistic lot, are uniformly gleeful at the prospect of replacing this moderate “swing vote” with a judge dedicated to traditional conservative values. […]
Merrick Garland’s Nomination Was Not “Stolen,” And It May Have Elected President Trump
Nominating Merrick Garland may have been the biggest mistake President Obama ever made. Christmas came in June this year for Republican followers of the Supreme Court, and let’s be honest, the Supreme Court is probably the primary reason that most Republican voters continue to vote Republican. The Good Lord knows it’s not because we ever […]
The Hobby Lobby Decision Was Too Close For Comfort
It’s always great to win and to have our fundamental rights re-affirmed. But keep in mind that the Hobby Lobby decision was only 5-4, meaning we were only one vote away from having the First Amendment line-item vetoed by the Supreme Court, and losing our right to religious freedom. There is nothing complicated about […]
Justice Ruth Bader Ginsburg’s Misguided Reliance on Foreign Precedent
In a recent lecture at Ohio State University, Justice Ruth Bader Ginsburg offered a theory as to why nations created judicial systems post World War II with the power to revoke legislation found to be contrary to their own constitutions. “What happened in Europe was the Holocaust,” she said, “and people came to see that […]