American law school faculty is often given to unwise and thoughtless hero worship, to which even Felix Frankfurter occasionally succumbed.
Tag: Supreme Court
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Books in Brief: September 2023
Short reviews of Tearing Us Apart, by Ryan T. Anderson and Alexandra DeSanctis, and Dollars for Life, by Mary Ziegler.
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Geographical Diversity May Be The Next Affirmative Action Trojan Horse
Affirmative action advocates aren't likely to stop trying to implement their racial politics even after the Supreme Court's decision. A "geographical diversity" law in Arkansas may be the model for the left's next move.
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Democrats’ Assault on ‘Our Democracy’
The Left's crocodile tears about the fate of "our democracy" can be easily explained by the fact that when Democrats and left-wing activists speak of "democracy," they really mean "progressivism."
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Roberts Left a Loophole in the Affirmative Action Decision
Chief Justice John Roberts' rejection of the racial discrimination of affirmative action is one of his greatest Supreme Court rulings. But unfortunately he left in a giant loophole that will allow colleges to continue to privilege blacks and Hispanics over Asians and whites.
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The Great Left-Wing Disinformation Operation Against the Supreme Court
A coordinated left-wing media smear campaign against conservative Supreme Court justices has one goal and one goal only: to delegitimize the U.S. Supreme Court, and to pave the way for ruinous policies that would irreparably damage, and ultimately destroy, that venerable institution.
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Who’s In Charge of Clarence Thomas?
Liberals have never forgiven Clarence Thomas for refusing their patronage and their leash. As a Supreme Court Justice, he remains an unconquered American.
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The Court Versus the Hydra Left
After Dobbs, the many-headed ruling class is licking its wounds … and itching for a rematch. The upcoming midterm election will measure the resistance to the Court's attempt to return to America's constitutional origins.
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The Supreme Court and the Due Process Clause
In addition to endorsing the overturning of Roe, Justice Thomas's concurring opinion on Dobbs threatens other due-process legal precedents, such as those that have guaranteed a fundamental right to homosexual behavior and gay marriage.
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Liberal Tolerance on Display After Reversal of Roe v. Wade
After the Roe reversal protests erupted all across the country, with the largest in New York, Chicago, and Los Angeles—cities in states with virtually zero probability that their lawmakers will pass laws restricting abortion.
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Overturning Roe: A Conservative Legal Triumph and Return to Common Sense
The overruling of Roe v. Wade is a momentous achievement of the conservative legal movement and an act of great courage. The blowback will be fierce, but America is beginning to see a rebirth of the rule of law.
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Are All Court-Created Rights Now in Peril?
Progressives are worried that if Roe v. Wade is overturned, all their other agenda-driven, court-created rights will fall as well.
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The Supreme Court Leaks Common Sense: Justice Alito’s Splendid Opinion
If Justice Alito’s mysteriously leaked draft opinion on the Dobbs case becomes official, it will overrule a whole line of dubiously reasoned federal abortion cases and will be the greatest victory for sensible jurisprudence in at least five decades.
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Alito 5 Must Stay the Course
In February, five Supreme Court Justices voted in camera to overturn Roe v. Wade and send the issue of abortion back to the states, where it resided until 1973. Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett had all signed on to the majority opinion overturning Roe that had been drafted by...
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And Injustice for All
The elevation of Ketanji Brown Jackson to the Supreme Court formalizes state-sponsored injustice in the very institution charged with upholding justice.