Tag: Constitution

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 4, 2017

Trump’s Unconstitutional Muslim Ban

On January 27, 2017, President Trump made good on his campaign promise to institute a ban on Muslims entering the US. Trump’s executive order(“EO”) is titled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The EO bars nationals from seven Muslim-majority countries from the US for at least 90 days. They include Iraq,… 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 »

May 15, 2014

Death to the Death Penalty

The recent torturous execution of Clayton Lockett in Oklahoma has propelled the death penalty into the national discourse. The secret three-drug cocktail prison authorities administered to Lockett – the first to render him unconscious, the second to paralyze him, and the third to stop his heart and kill him – didn’t work as planned. After… Read more »