August 11, 2026

Ending the Swallow Investigation Due to Cost Ignores the Cost to Public Trust

A few are calling for a halt in the House investigation of Attorney General John Swallow due to the cost and the Department of Justice’s decision not to prosecute. However, failure to continue investigation would not only short circuit other investigations by hampering evidence collection, but would also fail to address the loss of public […]

DOMA on its way to review?

Is a case in California setting up DOMA for overturn? A federal judge in California has ruled that a federal appeals judge has no power to order the U.S. government to provide health benefits to the same-sex spouse of a court employee, but went on to invite a constitutional challenge to the law that mandates a […]

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 […]