August 11, 2026

Life at 133 questions an hour; or, do the Supremes really care what the lawyers think?

Curiously, to many, Justice Clarence Thomas rarely asks questions during oral arguments at the Supreme Court. If at all. Here’s a run down of his stats, as well as some other interesting numbers related to questioning by Supreme Court Justices (according to Constitutional Daily): 5 – Years Clarence Thomas has gone without asking a question […]

Precedent for Presidential Refusal to Defend Statutes the Administration Believes to be Unconstitutional

Initially I questioned the Obama Administration’s refusal to defend DOMA. On reflection, however, there may be precedent for their actions. Ilya Somin points out several precedents in both Republican and Democratic administrations that support the premise that the President may be justified in not supporting legislation he deems unconstitutional. During the Eisenhower, Kennedy and Truman […]

Federal Judge Rules “individual mandate” Unconstitutional

It won’t be the last stop  for President Obama’s signature health care bill, the Affordable Health Care for America Act, but it was a road bump that I’m sure the Obama Administration could have done without. Today, a federal judge in Virginia ruled that the “individual mandate,” which mandates health coverage for most Americans by 2014, […]

Chamber of Commerce v. Whiting before the Supremes

Remember this one? This case deals with series of laws passed in Arizona in response to the failure of the federal government to enforce federal immigration laws. As summarized by the ACLU in September: As part of a comprehensive overhaul of the immigration laws, Congress adopted a series of carefully calibrated measures, beginning in the […]

Ben Lusty, on Congressional education policy

My good friend Ben Lusty published a piece on Congressional use of it’s funding power to influence education policy in the states.  Because I feel like the tension between the states and federal government merits scrutiny, especially when money is at issue, I have reprinted Ben’s piece here with his permission. Congress’ education bailout is bad […]

Democracy and Judiciary: at odds over Proposition 8

Image by riacale via Flickr One of the interesting points about American government is the balance in the federal constitution between democratic and non-democratic institutions.  It is, as was intended, a series of checks and balances on the power of too much democracy.  The Congress, the most democratic of the countries institutions at the federal […]

Kagan sworn-in; Scalia trips but ok

Elena Kagan was sworn-in as fourth woman to sit on the US Supreme Court, today, and the third currently seated female justice.   And Antonin Scalia tripped, but is ok…in case you were wondering. Related articles by Zemanta Justice Elena Kagan Sworn in Today (lezgetreal.com) Kagan sworn in as fourth woman on Supreme Court (seattletimes.nwsource.com) […]