Twenty Seven Years On, Old White Misogynists Still Get To Send Liars To The Supreme Court

Twenty-seven years on, little has changed in America. Old white men still get to make liars into Supreme Court Justices. Indeed, things have worsened. Back in 1991, the Senate merely elevated a serial sexual harasser to the Supreme Court. Now, they get to send lying, rapey fratboys to the bench. I suppose that’s not soContinue reading “Twenty Seven Years On, Old White Misogynists Still Get To Send Liars To The Supreme Court”

America’s Next Supreme Court Justice, Brett Kavanaugh, Is A Lying, Rapey, Fratboy

I believe Christine Blasey Ford; I believe Brett Kavanaugh did precisely what she accuses him of doing. My reasons for offering this expression of my beliefs are quite simple: Brett Kavanaugh has done everything possible–especially during his ludicrous interview to Fox News yesterday–to indicate to me that he not only did what Ford alleges heContinue reading “America’s Next Supreme Court Justice, Brett Kavanaugh, Is A Lying, Rapey, Fratboy”

Fighting The Gorsuch Nomination Is A Lost Battle; Fight It Anyway

Rather predictably, news of the Gorsuch nomination to the US Supreme Court has been greeted by considerable head-scratching among Democratic Party–and associated progressive–circles: should we fight or should we roll over, keeping the proverbial powder dry for the next battle? ‘Pragmatism’ and ‘realism’ apparently bid us to not fight this already lost battle, to notContinue reading “Fighting The Gorsuch Nomination Is A Lost Battle; Fight It Anyway”

Justice Hugo Black, The Ku Klux Klan, And The Trump Candidacy

In 1914, Hugo Black–a future Supreme Court Justice–was elected solicitor, or district attorney in Birmingham, Alabama. He lobbied to improve prison conditions for both black and whites, and even published a report on coerced confessions. As a trial lawyer, he had successfully represented a black man who had been imprisoned twenty-five weeks beyond his originalContinue reading “Justice Hugo Black, The Ku Klux Klan, And The Trump Candidacy”

The ‘But The Supreme Court’ Argument For Hillary Clinton

One ‘hold-your-nose-and-vote-for-the-lesser-evil’ argument currently making the rounds for the Hillary Clinton candidacy–ostensibly intended to address the ‘schism’ in the Democratic Party, among the ‘Left’ and ‘progressives’–goes something like this. Vote for Hillary Clinton, even if you disagree with many of her policies, do not consider her entirely trustworthy, and would much rather vote for BernieContinue reading “The ‘But The Supreme Court’ Argument For Hillary Clinton”

Mass Incarceration And The ‘Overfederalization’ Of Crime

America’s mass incarceration is the bastard child of many. Among them: racism, the War on Drugs (itself a racist business), the evisceration of the Constitution through ideological interpretive strategies, prosecutorial misconduct, police brutality, and so on. Yet other culprits may be found elsewhere, in other precincts of the legal and political infrastructure of the nation.Continue reading “Mass Incarceration And The ‘Overfederalization’ Of Crime”

Antonin Scalia And His Incoherent, Hierarchy-Loving, Theory Of Constitutional Interpretation

I taught Antonin Scalia‘s writings–as found in his court opinions–on three occasions in my philosophy of law class. His theory of constitutional interpretation–originalism–was incoherent. His aggressive rhetoric, directed at those who would dare petition the highest court of the land for redress, was tasteless. He was a bully, and a blowhard. Like Christopher Hitchens, he willContinue reading “Antonin Scalia And His Incoherent, Hierarchy-Loving, Theory Of Constitutional Interpretation”

Step This Way For The Deunionized American Workplace

American unions look headed for another legal beating in the US Supreme Court. Pretty soon, we’ll be able to drop all pretense and just advocate beatings until the morale–of American workers–improves. The Supreme Court is about to hand their overseers a slightly thicker, more knotted, whip. Ten Californian teachers have sued their union–on First AmendmentContinue reading “Step This Way For The Deunionized American Workplace”

Same Sex Marriage Is Legal; Prepare For Doom, America

Same sex marriage is now a constitutionally recognized right in the United States of America. As usual, Justice Kennedy has confirmed that he is the only judge required for the Supreme Court to function. But danger awaits America. All across the land, divorces will break out, children will disobey their parents, and pedophiles will preyContinue reading “Same Sex Marriage Is Legal; Prepare For Doom, America”

Big Business and its Friends on the US Supreme Court

An academic study conducted by Lee Epstein, William Landes and Richard Posner confirms something many of us have only intuited till now: [T]he business docket reflects something truly distinctive about the court led by Chief Justice John G. Roberts Jr. While the current court’s decisions, over all, are only slightly more conservative than those from the courtsContinue reading “Big Business and its Friends on the US Supreme Court”