How to Actually Fix SCOTUS

Judge Gorsuch of the Tenth Circuit Court of Appeals has recently been confirmed as Justice Gorsuch of the United States Supreme Court. Since then, there have been laments in the pages of The New York Times that the Supreme Court is “broken,” while others insist that the Court’s politicization and status as a

By | 2017-04-21T16:37:31+00:00 April 16th, 2017|

Crime, the Gallows, and Trump

  In Henry Fielding’s novel Tom Jones, one Ensign Northerton quarrels with our hero and, without warning, deals him a seemingly mortal blow. Placed under arrest, the assailant begins to consider the consequences of his crime. Fielding writes that Northerton: had a great antipathy to those close winter quarters in the Castle of

By | 2017-04-21T00:01:19+00:00 April 13th, 2017|

Judicial Independence in the Government of the People

The most critical form of judicial independence, that is the independence to decide the law in a fair and impartial way even if that means deciding it in favor of a hated accused criminal, is rarely defended in popular media. But the concept is very popular  when used in favor of progressive political preferences, to

By | 2017-04-11T04:02:14+00:00 April 8th, 2017|

What Plagues Gorsuch’s Critics is Ignorance, Not Originalism

Ken Levy, an associate professor of law at Louisiana State University, recently took to the pages of the New York Times to lend his voice to the fevered, en vogue, and media-driven fusillades against Supreme Court nominee Judge Neil Gorsuch and his judicial philosophy: originalism. He also echoed Senator Diane Feinstein who, last week, smeared

By | 2017-04-03T06:55:45+00:00 April 1st, 2017|

The Supreme Court Plays Fast and Loose with the Eighth Amendment

Tuesday’s Supreme Court ruling represents another victory for Progressive liberalism’s “post-constitutionalism.” The case, Moore v. Texas, affirmed prior holdings that mentally challenged individuals cannot be subjected to the death penalty without violating the Eighth Amendment’s ban on “cruel and unusual punishment.” The case involved a death penalty case from Texas involving a conviction for murder

By | 2017-04-04T13:34:26+00:00 March 30th, 2017|

Constitutional Buffoonery from the Federal District Courts

The temporary nationwide injunctions placed on President Trump’s most recent executive order, issued March 6 (“Protecting the Nation from Foreign Terrorist Entry into the United States”) by two federal district courts are the latest skirmishes in progressive liberalism’s war against the idea of the sovereign nation-state and the exclusive citizenship that attaches to “separate and

By | 2017-04-03T05:45:59+00:00 March 27th, 2017|

Gorsuch Showed “Little Guy” Needs Protection From Government

In 2012, I asked Supreme Court Justice Antonin Scalia a question: Do you think the theory of “positive rights,” as promoted by President Obama’s legal adviser Cass Sunstein, will catch on in the judicial branch? “I sure hope not,” he growled. I thought of this while watching the nomination hearings for Scalia’s would-be successor, Judge

By | 2017-03-24T08:53:43+00:00 March 24th, 2017|

In Feinstein vs. Gorsuch, Originalism Wins

Neil Gorsuch is no Robert Bork—to the great chagrin of the Senate Democrats who are trying to block his confirmation to the U.S. Supreme Court. Thirty years ago, Senate Democrats derailed Bork’s nomination, claiming the judge’s judicial philosophy of “judicial restraint” was well beyond the mainstream. Today, Democrats are looking for any reason at all

By | 2017-03-23T14:53:47+00:00 March 23rd, 2017|

Shootout over Natural Law at Gorsuch Gulch?

Supreme Court justices sometimes devise overly clever “tests” in their opinions to determine the constitutionality of a law or government action. Here’s my one-pronged (and multi-part) Supreme Court minimal competency test, derived from Abraham Lincoln’s critique of Chief Justice Taney’s opinion in Dred Scot: Was Lincoln right in making the Declaration of Independence the basis of constitutional government?

By | 2017-03-21T15:39:54+00:00 March 21st, 2017|