Conservatives deal with facts and reach conclusions; liberals have conclusions and sell them as facts.
Andrew McCarthy outdid himself on this one, honing in on the giveaway that the Supreme Court is a legislative branch of the Progressives: Yet, for all the non-stop commentary, one detail goes nearly unmentioned — the omission that best explains this week’s Fundamental Transformation trifecta. Did you notice that there was
Continue readingSometimes the best romances come from unexpected sources. There are frustrated souls, living desiccated, dull lives who, through their writing, can explore their deepest unrealized fantasies. Such is the case with Justice Kennedy’s decision in Obergefell v. Hodges. It is littered with burning, passionate phrases that transform an ordinary Supreme Court opinion into
Continue readingAs you all know, the Supreme Court this morning issued a 5-4 decision, authored by Anthony Kennedy, finding a hitherto hidden right to same-sex marriage in the American Constitution. I have not yet read the decision, but nevertheless I have a few points to make regardless of the reasoning that
Continue readingLast year I had virtually no work; this year, if the pace keeps up, I’ll be working almost full time. Frankly, I preferred no work. Fortunately — and the lawyers amongst you will appreciate this — I’m getting access to Westlaw again, and won’t be trapped in Lexis hell. When
Continue readingBack in August 2009, I wrote about a conversation I had with a Leftist physician regarding the upcoming legislation that would turn into Obamacare. One of my contentions was that Obamacare was a step to single payer and would end up bankrupting America’s existing medical establishments. He disagreed. Here’s the
Continue readingSince you’re all very well-informed, it won’t be news to you that Eric Holder’s Justice Department, in yet another effort to frustrate a Freedom of Information Act (“FOIA”) request about Fast & Furious documents, claims that Eric Holder’s communications with both his wife, a private practice physician, and his mother are
Continue readingYesterday, Sonia Sotomayor announced that she is absolutely horrified that the 14th Amendment can be used to prevent state government from engaging in race-based discrimination. Some may be a little confused by her argument, given that the 14th Amendment explicitly states that ” No State shall make or enforce any
Continue readingI haven’t had the heart or the stomach to read the Supreme Court decisions that came out today. (It’s not about content. It’s about the fact that, with rare exceptions, I find most Supreme Court decisions too horribly written and turgid to read.) I therefore didn’t discover this gem from
Continue readingKathleen Sebelius, showing one of her rare moments of good sense, had the FDA limit the Morning After pill to girls and women over 17. A federal judge in Brooklyn has overruled that, saying it must be sold over-the-counter without limits to help slow teen pregnancy. I’m not going to
Continue readingI was driving along in the car and, suddenly, the phrase “Roe v. Wade” popped into my head. In 1973, the Supreme Court waded into what should have been a state-by-state legislative matter, and created the most vicious 39 year fight in America since the Civil War. One side found
Continue readingI’ve now had the chance to digest myriad analyses of the Roberts decision on ObamaCare. I think I can sum up the various conclusions that liberal and conservative pundits have reached. Here goes: The decision is a victory for Obama and the Democrats because it keeps ObamaCare on the books.
Continue readingIn preparation for a possible Supreme Court ruling overturning ObamaCare, the Left is already hysterically screaming about the Supreme Court’s judicial activism. The Wall Street Journal will have none of this, and provides a simple, elegant definition of what constitutes actual judicial activism: Judicial activism is not something that happens
Continue readingAs a dues paying California lawyer, I periodically receive an email from the California State Bar offering random tidbits and squiblets of news some assumes California lawyers might find interesting. The January edition intrigued me because of drive-by punditry that appeared in an ethics analysis of Judge Richard Posner’s latest
Continue readingDo you have any spare change lying around? Yes? I thought you might. My dollar coins say “In God We Trust.” My dollar bills say “In God We Trust.” My quarters say “In God We Trust.” My dimes say “In God We Trust.” My nickels say “In God We Trust.”
Continue readingI haven’t been blogging about far Left judicial activist Goodwin Liu, but if you’ve been following the story on your own, you’ll be happy to know that the Senate Republicans successfully filibustered his nomination — a reminder, as if we need one, that the filibuster is an important tool for
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