Category: Supreme Court

June 28, 2017

Gorsuch Leans Far Right in Muslim Ban Case

The Supreme Court has agreed to hear the first major test of the scope of executive power to protect national security since Neil Gorsuch joined the Court as associate justice. Monday morning, the high court announced it will determine the legality of Donald Trump’s executive order establishing a Muslim travel ban when it reconvenes the… Read more »

April 27, 2017

Gorsuch Is Already Channeling Scalia on Life-or-Death Decisions

Just days after stealing Merrick Garland’s Supreme Court seat, Neil Gorsuch is channeling Antonin Scalia. On April 20, the newly minted associate justice cast his first ballot. Gorsuch provided the fifth vote that allowed Arkansas to execute a likely innocent man. Casting the Deciding Vote for Death For 24 years, Ledell Lee maintained his innocence,… Read more »

March 27, 2017

Neil Gorsuch and the Deconstruction of the Administrative State

When Donald Trump’s chief of staff Reince Priebus addressed the Conservative Political Action Committee in February, he identified two priorities of the administration: the confirmation of Neil Gorsuch to the Supreme Court, and deregulation. It turns out that elevating Gorsuch to the Supreme Court and achieving deregulation are inextricably linked.

March 23, 2017

Gorsuch Would Use “Originalism” to Affirm Right-Wing Agenda

Supreme Court nominee Neil Gorsuch says he’s an “originalist.” The late Justice Antonin Scalia, whom Gorsuch called “a lion of the law,” also championed originalism. Justice Clarence Thomas now stands alone on the high court as a self-proclaimed originalist. Largely discredited by courts and legal scholars, originalism is ultimately a way to reach a right-wing… Read more »

February 16, 2017

Trump Challenges the Limits of Executive Power

When Donald Trump learned that a federal district court had refused to reinstate his Muslim ban last week, he tweeted in all caps, “SEE YOU IN COURT!” Aside from this strange reaction to a court decision, Trump’s angry outburst raises the question: Is the president allowed to have whatever he wants? To better understand the… Read more »

February 3, 2017

Trump’s Choice of Gorsuch Endangers Civil, Human and Environmental Rights

As promised, President Trump has nominated to the Supreme Court a judge in the mold of the late Justice Antonin Scalia. Neil Gorsuch, like Scalia, is an “originalist,” who interprets the Constitution the way he thinks the founders intended and a “textualist,” who favors the plain meaning of statutes and the Constitution. Gorsuch is a… Read more »

October 22, 2016

The Threat of a Right-Wing Supreme Court: Analyzing Trump’s Prospective Justices

As the media focuses on Donald Trump’s sexually predatory behavior and Hillary Clinton’s Wall Street speeches, the future of the Supreme Court has received only an occasional mention. During the final presidential debate, the topic was finally given some attention. When asked about late-term abortion, Clinton said Roe v. Wade “very clearly sets out that there can… Read more »

July 28, 2016

The Content of Donald Trump’s Character

In his acceptance speech for the Republican presidential nomination, Donald Trump declared, “My Dad, Fred Trump, was the smartest and hardest working man I ever knew. . . . It’s because of him that I learned, from my youngest age, to respect the dignity of work and the dignity of working people.” Donald apparently forgot… Read more »

July 6, 2016

How Justice Scalia’s Absence Has Affected the Supreme Court’s Decisions

If Justice Antonin Scalia had survived to participate in the remainder of the 2015-2016 Supreme Court term, his vote would have made a significant difference in the resolution of several cases. Moreover, if the Senate had confirmed Merrick Garland to fill Scalia’s seat, some of those cases might well have turned out differently. From unions’… Read more »

February 18, 2016

How Scalia’s Absence Will Affect Pending Supreme Court Cases

The death of Supreme Court Associate Justice Antonin Scalia raises a number of questions: What will be Scalia’s legacy? What will happen to the cases pending in the Supreme Court? Will President Obama successfully fill Scalia’s seat on the high court? And how will Scalia’s death affect the 2016 presidential election? Scalia’s Record on the… Read more »