Search Results



Democrats’ Dilemma over the Federal Judiciary

In all likelihood, Tenth Circuit Judge Neil Gorsuch will replace the late Justice Antonin Scalia on the Supreme Court. How he gets there is the question, not whether. If confirmed, Gorsuch will be a predictably conservative voice on the nation’s highest bench just like Scalia was. It’s the next vacancy that could shift the


What Would Nino Say?

“The Constitution is pretty clear about what’s supposed to happen now. When there is a vacancy on the Supreme Court, the President of the United States is to nominate someone, the Senate is to consider that nomination, and either they disapprove of the nominee or that nominee is elevated to the Supreme Court.” – President


Judicial Relief

It’s been a very good week for the former constitutional law professor currently in the White House.  The Supreme Court has upheld insurance subsidies for Americans in federal exchanges, rejecting the claim that “established by the states” meant the subsidy would be available only to those in states that had established health care exchanges under


Appeals Court Rejects Challenge to Obama’s Deferred Action for Childhood Arrivals (DACA)

Disapproval of a governmental action isn’t sufficient to get your day in court, no matter how intense that disapproval may be.  Back in August 2012, a group of Immigration and Customs Enforcement (ICE) agents sued their boss (then-DHS Secretary Janet Napolitano) over President Obama’s decision to allow undocumented minors to stay in the U.S. rather


Executive Orders v. Executive Actions

Article II of the Constitution begins, “The executive Power shall be vested in a President of the United States of America.”  The extent of that “executive power” has been debated since the beginning of the republic—indeed, even earlier.  The Founders were familiar with John Locke’s concept of “executive prerogative” (that certain circumstances call for the


The 114th Congress – At a Glance

The 114th Congress — At a Glance   HOUSE                                 SENATE 247         Republicans              54 188          Democrats               46 58          Freshmen                 13 84            Women                  20 45         African Am.               2 29             Latino                     3 81       Military Service         16                      OUT                                                               IN   Reid threatening weekend sessions                           McConnell threatening longer workweeks   Shielding vulnerable senators


114th Congress: Plenty of New Faces, but None in Top Party Leadership Posts

There’s an old adage in American politics that campaigns boil down to a choice between one of two simple messages: “It’s time for a change,” or “Stay the course.” Democrats can blame President Obama’s unpopularity, their party’s boom-and-bust turnout, an extraordinarily challenging map of seats to defend in the Senate, the Republicans’ structural advantage in


Obama loses the legal battle, but the battlefield has changed

The Supreme Court handed President Obama a defeat in NLRB v. Noel Canning  this week, declaring that Obama’s three appointments to the NLRB made during “recesses” between pro-forma sessions the Senate convened every three days were clearly unconstitutional.  If the Senate says it’s in session—even pro-forma—then it’s in session, and the president must obtain its


Obama Loses the Legal Battle, but the Battlefield Has Changed

The Supreme Court handed President Obama a defeat in NLRB v. Noel Canning  this week, declaring that Obama’s three appointments to the NLRB made during “recesses” between pro-forma sessions the Senate convened every three days were clearly unconstitutional.  If the Senate says it’s in session—even pro-forma—then it’s in session, and the president must obtain its


Will Congress Restore the Voting Rights Act?

While this year marks the 50th anniversary of the landmark Civil Rights Act, it also marks the first anniversary of Shelby County v. Holder, in which the Supreme Court struck a key portion of the Voting Rights Act (VRA) of 1965.  Congress passed the VRA to increase African American voter turnout, especially in the South. 


1 2