After the Ball is Over 4: Texas at the Supreme Court

I will be brief here, as the issue I am discussing may be resolved by the U.S. Supreme Court tomorrow afternoon. Texas has brought an action in the in the Supreme Court against the States of Georgia, Michigan and Wisconsin, seeking an order requiring the legislatures of those states to take action to ensure that…

You can live with President Biden

Four years ago, I wrote for friends and family who were despondent at Donald Trump’s election You can live with President Trump. Really.. Today I write for myself and those who share my worry at policies the Democratic Party leaders seem to espouse.  As I write the day after the election there has been no…

Replacing RBG

I have written frequently here of the Kabuki theater of Supreme Court nominations. Each Senate actor has a highly scripted role to play. There are different parts to be played by the Senate actors, depending on whether they in the Majority party in the Senate and whether they are in the nominating President’s party. Following…

The President and the Chief Justice: No Big Deal

The hearts of the chattering classes have been all aflutter this week over an exchange between President Trump and Supreme Court Chief Justice John Roberts this week. The President criticized what he described as an “Obama judge” for a ruling against the administration’s attempt to bar migrants who cross the border illegally from seeking asylum….

Birthright Citizenship: A Primer

President Trump proposes to end the long-accepted concept of “Birthright Citizenship” by executive order.  Contrary to most current commentary, there is a legitimate case to be made that he has that authority. It is not a good or persuasive argument, however, and it contradicts conservative political and judicial principles. The concept of citizenship, as it…

The Kavanaugh Hearing

The long awaited testimony of Dr. Christine Blasey Ford who accused Supreme Court nominee Bret Kavanaugh of a sexual assault at a high school party some 35 years ago has taken place. The nominee also testified. There was no Perry Mason moment – no sudden confession to lying or sexual assault. In real life confrontations…

Justice out of line

Boston Herald letter, July 21, 2016 Donald Trump is entitled to express his political opinions, no matter how silly, as is Herald columnist Peter Gelzinis. (“If Trump can speak his mind, why can’t RBG?,” July 14). U.S. Supreme Court Justice Ruth Bader Ginsburg, as a sitting judge, is not. Judges have political opinions, of course,…

Confirm Judge Merrick Brian Garland

Cape Coral FL, March 16, 2016 The Republican majority in the United States Senate should confirm the nomination of Judge Merrick Brian Garland to the Supreme Court. Not because of the name, although for some reason I find it appealing. I set out the smart move for Obama here on February 29 in  Replacing Scalia….

Scalia’s Posthumous Critics

Boston Globe Letter, February 29, 2016 On the day of Supreme Court Justice Antonin Scalia’s funeral, the Globe published four letters about him, all critical (“The Scalia way,’’ Readers’ Forum, Feb. 20). They objected to the policy consequences of his decisions, alleged that he applied religious beliefs to his decisions and failed to interpret the…

Justice Scalia – An American Originalist

As with the loss of many charismatic public leaders, especially those with an outsize, engaging personality, the sudden death of U.S. Supreme Court Justice Antonin Scalia on February 13 leaves a great sense of individual loss in many of us who were not personally acquainted A brilliant and clear thinker, Judge Scalia expressed himself but…