Constitutional Opinions

Constitutional Opinions

Third Branch Conservatism

By 6.24.09

It will be a mark of failed Republican leadership if a confirmation vote on Sonia Sotomayor occurs before the August recess.

Constitutional Opinions

The Mr. Potato Head Constitution

By 6.4.09

With the Sotomayor nomination comes an old question: Is the U.S. Constitution a "living document"?

Constitutional Opinions

Answering Peggy Noonan: Why Sotomayor Should Withdraw

By 6.2.09

A columnist's call for Republicans to grow up gets a response.

Constitutional Opinions

Sonia Souter Left

By 5.28.09

An ideological selection clearly less business friendly than the justice she replaces.

Constitutional Opinions

Running on Empathy

By 5.27.09

The code word that justifies identity politics, raw judicial power, and, of course, liberalism.

Constitutional Opinions

Attention Supreme Court

By 4.23.09

Section 5 of the Voting Rights Act was an ingenious solution in 1965. Its extension in 2006 was mere political expediency. Now the Supreme Court must decide whether that extension was also constitutional.

Constitutional Opinions

Making It Up As They Go

By 4.6.09

In a novel approach, the iowa supremes claim to speak for a whole new generation.

Constitutional Opinions

The Tragedy of Supremely Bad Law

By 3.30.09

The press hailed it as a victory for patients -- but in the end they're the ones who'll end up paying.

Constitutional Opinions

Gerrymandering on Trial

By 3.16.09

The Supreme Court will soon decide whether Section 5 of the Voting Rights Act is no longer about white versus black, but about red versus blue.

Constitutional Opinions

Hard Times for Our Founding Documents

By 1.28.09

The new president may think he's Solomon, but he's not quite there yet.