by Aziz Huq
Republicans won't support any Biden nominee, even a moderate. Instead, Biden should put forward a judge who is bold enough to put a stamp on the law in dissent and shift dominant interpretations to the left.
by Michael Tomasky
"The admittedly and lamentably glorious career of the most prominent racist, sexist, poisonous radio host of our time probably never would have happened if it weren’t for a policy change: the repeal of the Fairness Doctrine, under Ronald Reagan."
SOURCE: Duke Center for Firearms Law
by Noah Shusterman
Antonin Scalia's opinion in District of Columbia v. Heller ignored the actual history of the early American militia in order to invent an individual right to gun ownership.
SOURCE: Education News
Historian Alan Singer says he’s not qualified to be on the Supreme Court and neither are Roberts, Scalia, Alito or Thomas
That’s because he’s an activist and so are they.
SOURCE: The Atlantic
by Dahlia Lithwick
Does his faith influence his judicial decision making?
SOURCE: Huffington Post
Supreme Court Justice Antonin Scalia's warnings on judicial activism appear to have gained a new chapter at the Utah Bar Association's 2013 summer convention.The Aspen Times reported Sunday that Scalia drew upon the Holocaust as an example of how judicial activism can lead to problems. According to the Utah Bar Association's website, Scalia was slated to be the keynote speaker for the 2013 Summer Convention event, which was held from July 17-20 in Snowmass, Colo....Scalia opened his talk with a reference to the Holocaust, which happened to occur in a society that was, at the time, “the most advanced country in the world.” One of the many mistakes that Germany made in the 1930s was that judges began to interpret the law in ways that reflected “the spirit of the age.” When judges accept this sort of moral authority, as Scalia claims they’re doing now in the U.S., they get themselves and society into trouble....
SOURCE: Marriage Equality Amendment
Andrew Seth Meyer is associate professor of history at Brooklyn College.During oral arguments over the repeal of Proposition 8, Justice Antonin Scalia asked the following question of Ted Olson, one of the attorney's arguing for the repeal: "I’m curious, when—when did—when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted?" Mr. Olson's answer was rather labored and tentative. To paraphrase his reply, he asserted that this change had happened at some indeterminable point when society realized that sexual orientation is not a matter of choice. Not being a lawyer, I am not aware of the possible legal reasons behind Mr. Olson's evasiveness. Still, I can not help expressing dissatisfaction with this answer.
by Alan Singer
"The key issues I want to address in this article are the constitutional principles Mr. LaPierre is so intent on defending."
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- Nelson Lichtenstein on a Half Century of Labor History
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- New Research Shows British Industrialization Drew Ironworking Methods from Colonized and Enslaved Jamaicans
- The American Revolution Remains a Hotly Contested Symbolic Field
- Untangling Fact and Fiction in the Story of a Nazi-Era Brothel