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August 28, 2005 : Overturning Court Decisions - The problem with federal court power is that there is essentially no check on their power. Once they overturn a... MORE... July 19, 2005 : Roberts and Kelo - Now, since Roberts didn't necessarily believe anything he wrote working for the Bush I administration, this may not be significant,... MORE... : Far Worse: John Roberts - Bush has gone for John Roberts, a hard right conservative with a small paper trail but well-known conservative views, and... MORE... : I Agree With Bush - "I do have an obligation to think about people from different backgrounds but who share the same philosophy; people who... MORE... : Good Head Fake If Not Clement - Rumors are that now it's not Clement. So we will see. So this seems like a good reason to link... MORE... : Is is Clement? - The buzz around the rightwing is that Bush's choice for the Supreme Court is Fifth Circuit Judge Edith Clement-Brown. I... MORE... June 24, 2005 : More on Kelo and Eminent Domain - I really am just shocked that so many liberal bloggers are upset by the Supreme Court decision upholding local power... MORE... June 23, 2005 : More on Eminent Domain Decision - A lot of progressives are uncomfortable with today's decision on eminent domain, fearing it will lead to big property interests... MORE... : More Supremes Doing Nothing - The Supreme Court once again did its job by doing nothing, upholding a local eminent domain action in New London,... MORE... May 24, 2005 : Cutting a Deal for Real Judicial Restraint - AF writes in comments: the battles to prevent the courts from moving further to the right are worth fighting. You... MORE... : Supremes Do Their Job: Nothing - It was a good day at the Supreme Court yesterday. The Justices looked at a number of state and federal... MORE... February 24, 2005 : Prison Segregation and Felon Disenfranchisement - The Supreme Court has decided that prison segregation used in California in an attempt to curb racially-based gang violence is... MORE... January 24, 2005 : On Why Roe was Bad for Progressives - In the discussion of evolution and judicial activism, the discussion jumped (inevitably) to Roe v. Wade. The fact is that... MORE... January 03, 2005 : Rehnquist and Judicial Impeachment - In what may be his swan song, Chief Justice Rehnquist in his 2004 year-end report on the federal judiciary lays... MORE... May 17, 2004 : Supreme Court Created Jim Crow - On the 50th anniversary, the conventional wisdom is that Brown v. Board of Education represented the moment when our nation... MORE... March 01, 2004 : Islamic Judicial Review - In Iran, the recent election of conservatives after the equivalent of a judicial court barred progressives from running in the... MORE... December 16, 2003 : 9th Circuit "Activism" on Medical Pot? - When you deal with conflicts between state and federal law, what constitutes "judicial activism" becomes confusing. However the court rules,... MORE... December 11, 2003 : Conservatives and "Judicial Activism" - For conservatives, judicial activism is any decision they don't like. That's the only conclusion you can have reading pieces like... MORE... December 10, 2003 : Judicial Restraint on McCain-Feingold - Now, I'm not going to say a lot about the substance of the McCain-Feingold decision by the Supreme Court, since... MORE... November 18, 2003 : MA Court Judicial Activism on Gay Marriage - The Mass Supreme Court has deemed Gay Marriage Ban Illegal under the state Constitution. The language of the decision itself... MORE... November 14, 2003 : In Praise of Schumerism - The Wall Street Journal is attributing the current Democratic filibusters as derived from a dangerous doctrine: Schumerism. And what is... MORE... November 02, 2003 : Bernstein's Shady Defense of Lochner - Bernstein at the Volokh Conspiracy is positively Bushist in choosing his words to defend the Lochner Court. Responding to criticism... MORE... November 01, 2003 : Rightwing Seek Overturning of New Deal - If you want proof of the ultimate intentions of conservatives and why filibustering judges is needed, check out the post... MORE... October 28, 2003 : Confusion of "Constitutional Conservatives" - Well, the nomination of Janice Rogers Brown for the D.C. Circuit Court of Appeals is launching another round of confusion... MORE... September 26, 2003 : Telemarketing and Judicial Activism - Two district judges struck down the Federal Trade Commissions's (FTC) proposed "Do Not Call" anti-telemarketing plan. Same result in each... MORE... July 30, 2003 : What is Judicial Activism? - From comments: By your definition, Nathan, most of the Supreme Court's decisions throughout its history could be deemed "activist." Your... MORE... July 29, 2003 : Backlash on Gay Rights Decision - My position against liberal judicial activism on the Court, including opposing last month's sodomy decision, dismays some progressives who think... MORE... June 20, 2003 : Why Judicial Review is Bad - One more round on my personal hobbyhorse, but I think it's crucial for progressives to recognize why their attachment to... MORE... June 17, 2003 : Consistency on Gay Rights? - Libertarian Clint Bolick notes the inconsistency of liberals and conservatives on the "gays in the Boy Scouts" case a few... MORE... May 06, 2003 : That Wacky Texas Top Court - You know you're rightwing when... The Rehnquist Court unanimously overturns a ruling and thinks your decision was so obviously bad... MORE... April 02, 2003 : So Much for Judicial Tradition - Republicans have made much of the "unprecedented" filibuster of Estrada (not so unprecedented as they argue of course). But now... MORE... March 13, 2003 : What's Wrong with 60-Vote Confirmation Rules? - THe Weekly Standard fears for the Republic: In a 55-44 vote, Democrats last week defeated a Republican attempt to break... MORE... March 12, 2003 : Abolish Filibuster/Abolish Senate - The GOP is railing against the "undemocratic" use of filibusters by Senate Democrats to block Estrada's nomination. And they're right.... MORE... March 10, 2003 : GOP Attack on Estrada Opponents Backfires - The National Council of La Raza (NCLR) is one of the largest Hispanic organizations in the country. And they've remained... MORE... March 09, 2003 : Backfire of "Anti-Latino" Line on Estrada Filibuster - There is an idiocy to Republicans harping on the idea that Democratic filibustering of Estrada is racist and anti-latino. The... MORE... March 06, 2003 : Why Judicial Character is Not the Issue - Remember conservative outrage when the character of Clarence Thomas was attacked and Democrats said his personal life was deemed relevant... MORE... February 12, 2003 : More Race-Baiting Over Estrada - Well here is the New York Post with a headlined editorial Dixiecrats Redux. You know, if Estrada is such a... MORE... January 22, 2003 : Why Roe was Bad for Abortion Rights - I have mixed feelings on this 30th anniversary of Roe v. Wade, since I am in that minority faction that... MORE... January 16, 2003 : Supremes Go After Family Leave Act - Dahlia Lithwick at Slate does a good riff on Scalia trying to stage manage a legal attack on the Family... MORE... January 10, 2003 : Pickering : It's Not Just About Race - As Joe Conason emphasizes, despite some latter-day excuses (hey, he didn't perjure himself in testimony against a Klan member), Charles... MORE... January 08, 2003 : Schumer to Filibuster Pickering Nomination - Bush has renominated Trent Lott ally Charles Pickering. With Lott keeping high-power as chair of the Rules committee, this all... MORE... December 04, 2002 : Sam H Response on Judicial Review - Sam Heldman jumps in on his site to argue that judicial activism does not have the problems for progressives that... MORE... December 03, 2002 : Why Supremes Should Keep Antigay Ruling - Back in 1986, in a case called Bowers v. Hardwick, the Supreme Court upheld as constitutional a law that made... MORE... October 13, 2002 : Confirming by Ideology- Schumer Gets it Right - Read this piece by Sen. Schumer who lays out why explicit ideological tests for judges is healthy for democracy and... MORE... October 01, 2002 : The Independent Supreme Court - MORE... : Kettle-Pot-Black - Bruce Fein, the deputy attorney general for the hack political Attorney General for Ronald Reagan who led the politicization of... MORE... September 25, 2002 : Lack of Paper Trail May Doom Estrada - Some worried after Bork that a strong legal background with its associated paper trail would doom judicial nominees, encouraging submarine... MORE... : How Judges Make Law - The judicial branch's "top policy-making body" (bet you didn't know they had one) just developed new rules for class actions... MORE... September 24, 2002 : Why Borking Became Popular - Many people bemoan the rise of rough judicial treatment of Presidential nominations in the last couple of decades, but as... MORE... September 18, 2002 : Why Oppose McConnell- It's the Economy Stupid - The next judicial nomination fight is over Michael McConnell, a law professor from the University of Utah. Well respected by... MORE... September 06, 2002 : Rhetoric and Nominations - It's all part of the game, as conservatives vent with Casablanca-style outrage that they are shocked, shocked to find politics... MORE... July 22, 2002 : "unconscionable act of judicial activism" - Bush is nominating a rightwing judge, Priscilla Owen, to the Fifth Circuit. How rightwing? Well, Bush's White House counsel Alberto... MORE... June 28, 2002 : Through Many, One - Kevin of LeanLeft.com argues that the problem with vouchers is that the particular schools will teach only one kind of... MORE... : Scalia- Grill Judicial Nominees - Over in the Senate, Chuck Schumer has been saying that he will only approve judges who publicly outline their judicial... MORE... June 24, 2002 : More GOP Race Baiting - Here is more race-baiting on judicial nominees by a group called the African American Republican Leadership Council . They actually... MORE... June 23, 2002 : GOP Plays Race Card - The GOP whines about racial politics but they consistently "use the race card" with their public spokespeople. The irony is... MORE... June 07, 2002 : Judicial Power Runs Wild - With the Supreme Court running wild in the streets of judicial defiance of democracy, why shouldn't the lower courts get... MORE... May 20, 2002 : Liberalism versus Democracy - In my new upcoming Populist column, Remembering the Popular Will for Civil Rights, I am trying to recover the memory... MORE... |
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