Political parties are coalitions. Factions that come together, because together they are a majority and have the power to govern. When they fracture, they are no longer a majority and don’t have the power to govern. The Republican Party has fractured. Members have not been able to agree on...
Advertisement: The justices would rather obscure this reality, which is why stories like these are so rare but so valuable. It’s reminiscent of an important Voting Rights Act case that preceded the infamousShelby Countyruling, setting up the end of the procedure known as "pre-clearance." I...
The Constitution established the Supreme Court in 1789, leaving justice confirmation procedure to Congress. Here's how it works—and how it has changed.
The justices are due to hear arguments in an appeal by President Joe Biden’s administration of a lower court’s ruling restricting the SEC’s power to enforce securities laws through the agency’s longstanding in-house tribunal system. The case involves hedge fund manager George Jarkesy, who ...
The judiciary has an affirmative duty to ensure that the judicial branch is accountable to the people. While judges must ensure that juries are impartial, they are not empowered by the Constitution to use their common law rules to restrict the sovereignty rights of the people or their surrogate...
no. there are little pet issues where justices end up being strange bedfellows with the progressives, like tribal sovereignty issues. but the one area where not even john roberts departs is on election administration. gerrymandering, drop boxes, expansion of voting rights—any time th...
attacked by a broadcasters’ group as unconstitutional, was upheld by the Supreme Court in a1969 decision. The unique power of broadcasters, the court ruled, entailed special social responsibilities. “The right of free speech of a broadcaster,” the justices wrote, “does not embrace a right ...
Though he might think the justices should be rather more like impartial referees than active participants in litigation, his role as a just another warm body at the end of the bench might be over for good. On Monday, Justice Thomas was a player. Leave a comment Posted in deliberately ...
And notice that the “conservative” justices appointed by Republican presidents have by and large upheld not the original Constitution, but the most liberal interpretations of the Court itself — notably on the subject of abortion, which I’ll return to in a minute. To sum up this little ...
clare.malone: The news is a business on some level, and if the businesspeople are not “The Trust” (a la Sulzbergers) it gets really tough. Journalism is both integral to democracy and accountable to capitalism. Unless you get Laurene Powell Jobs’s money. And even then, who knows …...