Tag Archives: supreme court

Equality or Pay-back?

Back when I was on the receiving end of racial discrimination, it was to me not simply a personal misfortune, or even the misfortune of a race, it was a moral outrage. But not everyone who went through such an experience sees it that way. Continue reading

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More Judicial Activism, Please

“We,” said Queen Victoria, employing the royal plural, “are not amused.” “We,” said the Treasury Department on Tuesday, relishing the royal prerogatives it exercises nowadays, “are gratified that not a single court that reviewed this matter, including the U.S. Supreme, found any fault whatsoever with the handling of this matter by either Chrysler or the U.S. government.” Is it lese-majeste to note that Treasury is being mislea Continue reading

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Bill of Rights, Inc.

The Seventh Circuit Court of Appeals recently decided McDonald v. City of Chicago, a challenge to Chicago’s gun ban. The case has major implications for protecting gun rights at the state level, but its importance goes further than that. Depending on what the Supreme Court does, it could make originalism — relying on the text of the Constitution and its amendments as they were understood when enacted — the accepted standard for interpreting the Bill of Rights, rather than the whims of a handful of justices. Continue reading

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Sotomayor and the Politics of Race

From America’s first black president, and a man promising the “new,” we get a Supreme Court nomination that is both unoriginal and hackneyed. Continue reading

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Answering Peggy Noonan: Why Sotomayor Should Withdraw

I enjoyed your latest on the proper response by Republicans to Judge Sotomayor’s nomination. As always, thought provoking. You raised a serious point in citing Newt Gingrich’s remark that the Judge is a racist, asking, “Does anyone believe that?” Between us, I have to say the answer is “yes” — I do believe it. Continue reading

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Into the Trap With Open Eyes

President Obama’s choice of Judge Sonia Sotomayor was not cynical; she exactly mirrors his judicial philosophy of “empathy.” But it is still a trap. Yet Republicans must still enter the trap — with open eyes and no expectation of gain — not to defeat a nominee but to maintain a principle. Continue reading

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