The Tide Turns
First and foremost: Nothing is more pivotal to democratic governance then holding free and fair elections that lead to a peaceful transference of power. Over the past week, Donald Trump, Hillary...
Antonin Scalia
Obama’s Classified Leaks Are Probably Not Prosecutable
In my post over the weekend about the folly of pushing for a special prosecutor on t...
Op-eds
A Defense of Drone Attacks in Pakistan Under Humanitarian Law
Since the terrorist attacks of September 11, 2001, international law has had to grapple with the fundamental challenges that large-scale violence carried out by non-state actors pos...
Op-eds
Due Process for Jihadists?
The Supreme Court ponders the constitutional rights of enemy combatants.
Op-eds
Surprise! The Times Attacks the Messenger
Linda Greenhouse is conflicted, so obviously the problem is Ed Whelan.
Op-eds
Honoring the Compact
In an age when judges are habituated to invent rather than apply the law, a written Constitution is a thing of irony. We’ve become exactly what constitutions are designed to prevent: a nation not of...
Op-eds
Reconnecting the Dots
In an editorial published yesterday (“A Right Without a Remedy”), the New York Times complained that the D.C. Circuit Court “has dramatically restricted” the Supreme Court...
Op-eds
Avoiding ‘CSI Kandahar’
‘...
Op-eds
Suspend the Writ
For the protection of our troops on the battlefield and the security of all Americans, Congress needs, right now, to take action to reverse Boumediene v....
Op-eds
Morris on Combatants
Continuing his critique of the Supremes (see my last post on this), Dick Morris focuses on Boumediene, the enemy combatants decision. He starts out with some critical information, but when...
Op-eds
The People v. The Judges
From Justice Scalia’s majority opinion in the gun case: We know of no other enumerated constitutional right whose core protection has been subjected to a...
Op-eds
Intelligence Games
Well, we knew this was coming. he...
Op-eds
Is The Nation State Threatened?
“Is the Nation State Threatened?” This question, though apt, may fail to convey how dire the threat to sovereignty truly is. It might be better to ask, “Is the Nation Stat...
Op-eds
The Originalist Error
Authored by Alykhan Velshi "There is no such thing as man in the world. During my life, I have seen Frenchmen, Italians, Russians, etc.; I know, too, thanks to Montesqu...
Op-eds
Stephen Breyer, the Court’s Necromancer
Authored by Alykhan Velshi Originalism is the house judicial philosophy of conservatism. It maintains that the Constitution has a fixed and knowable meaning, that this meaning i...
Op-eds
The Libby NIE Leak: Much Ado about Nothing
The more one hears about Scooter Libby's being authorized to “leak” information from the 2002 National Intelligence Estimate, the more this is revealed as a bogus kerfuffle, manu...
Op-eds
Times Change
Remember when scholars thought presidents were "above the law"?
Op-eds
Restoring Law & Order
The Senate finally acts to eject al Qaeda from our courts.
Op-eds
1864 & Me
A response to Southern Appeal.
Op-eds
Judicial Restraint
Republicans have, unfortunately, left the courts out of this election.