The Judiciary

Reid's nuclear-confirmed judge ignores the law

The rule of law is officially dead in America.

Rep. John Conyers (D-Mich.), a former chairman of the House Judiciary Committee, has been placed on the ballot for re-election by a federal district judge in spite of universal agreement that...

Read More...

A solicitous prosecution

In literature, Inspector Javert of Les Misérables is the epitome of the overreaching persecutor who obsesses over driving his prey into oblivion. Today's notice of the Justice Department's solicitousness of Credit Suisse executives shows...

Read More...

A privileged few

As a member of the Supreme Court bar, I can go to any argument or decision day and observe American history happen. So can a few hundred citizens who stand in line for the few seats parceled out. Why just us? Is there a good reason?

Read More...

On being 80

I’ve recently passed my 80th birthday. I think about it as I read the debates about whether Supreme Court Justice Ruth Bader Ginsburg should retire.

Read More...

Republicans' Texas and national judicial shutdowns must end

Voters who despised the government shutdown and threats of driving America into national default, caused by recent extremism of Republicans in Washington, will equally despise the judicial shutdown caused by Republicans in Texas and the U.S. Senate.

Read More...

Harry Reid's racial choreography

After the "not guilty" verdict for George Zimmerman was announced — a verdict predicted by most legal experts based on evidence, lack of evidence, weakness of burden of proof and testimony — the predictable politicization and preening for the cameras began.

The professional race-baiters did their usual thing, as did those who are so easily baited. The news outlets breathlessly reported on the reactions from the former and the latter, shamelessly playing the role of the former, all the while using the situation to fan the flames for ratings. But we expect that from them, sadly.

What is troubling on a very core level, however, is the choreography by the Obama administration and congressional Democrats in an ever more determined and sophisticated effort to exploit and politicize a tragic situation for partisan advantage.

Read More...

Cameras in the courts

Perennially, usually around cause celebre trials, we debate the question of whether cameras should be in courts and if their presence perverts justice. Two news items present the unwise and the wise arguments on this subject.

Read More...

Judges, filibusters and obstruction

Nothing is more important in America than the rule of law. Nothing is more important for the rule of law and American justice than filling the inexcusably large number of judicial vacancies. Nothing is more important for governance in America than the president and the Senate working to end the obstruction, gridlock and abuse of filibusters that is destroying the credibility and efficacy of the United States Senate.

Read More...

Shame on Scalia

Don't miss the excellent story in The Hill by Justin Sink about Supreme Court Justice Antonin Scalia comparing homosexuality to murder, by equating views about laws against homosexuality to views about laws against murder. Asked about this and fairly quoted in The Hill's story, Scalia gave a mini-seminar about the style of argument called "reduction to the absurd." If Scalia wants to insult the intelligence of law students with this nonsense, that is the problem of his suffering students. When he says these things as a Supreme Court justice, it becomes the problem of the American people. Justice Scalia should now recuse himself from Supreme Court cases involving any issues relating to gay rights.

Read More...

It’s the courts, stupid

If the polls don’t make Democrats anxious, think about this. The U.S. Supreme Court, the Roberts court, which liberals and progressives deplore, usually rules in a 5-4 margin in contentious cases, and not always. But Justice Ginsburg is 79 and frail; Justices Scalia and Kennedy are 76; and Breyer 74. There is a good chance (but no certainty) the next president will have to replace one or more of them. If the majority switches in these high-profile, high-stakes cases to 5-4 the other way, it can make a huge difference for decades, on the vital national issues that come before the court for a final word.

Read More...

Pages