Each time I am disappointed by John McCain or remember one of the several reasons he was not my preference as a nominee for President, something happens to snap me out of it. In June it was the Supreme Court decision in Boumediene vs. Bush, which with a 5-4 stroke led by swing man Anthony […]
The AG Fiasco
John Edwards said it, and let the record reflect that for the first and probably last time, I agree with him when, in response to Attorney General Alberto Gonzalez’s resignation, he responded, “better late than never”. I’ll try and be clear: He should never have been appointed in the first place and the job was […]
Pardon Libby Now
Speaking of Bush’s legacy, not to pardon Scooter Libby before he begins his prison term would leave an indelible black stain on his Presidency. He has said that he was “pretty much going to stay out of it” until the appeals have run their course and that he feels “terrible” for the Libby family. Well, […]
The Real Bush Legacy
Talk all you want about Iraq, the Bush Doctrine, “compassionate conservatism”, or other remnants of the Bush Presidency, but its lasting legacy is likely to be the beginning of the reversal of judicial activism led by the John Roberts Supreme Court. There are significant signs in the term just ended that the fifty-year trend in […]
Judicial Restraint
A recent poll conducted by Opinion Research Corp. on behalf of CNN shows that 67% of those surveyed say that federal judges and the decisions they make should not be subject to more control by politicians. I haven’t seen the phrasing of the question, and this is often crucial with polling, but to the extent […]
The Yates Verdict II
In the wake of the second trial of Andrea Yates, in which she was acquitted by reason of insanity for the murder of her five children, The Houston Chronicle wants us to throw out what it calls the “restrictive, outdated” Texas law that requires juries to find a defendant guilty if she knew the difference […]
Undermining the Commander in Chief Should Have a Price
“Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.”—Alexander Hamilton, Federalist 74. This sentiment of our founding was clearly expressed in Article II of the Constitution, which establishes the President as the commander in chief, with inherent […]
Lessons from Enron Revisited
A couple of months ago, Daniel Henninger of the Wall Street Journal had the following striking headline to his weekly essay—“Barry Bonds, Please Meet Andrew Fastow”—a clear reference to the common thread that runs through the fraud manifest in both cases. The point is that there is a condition that transcends enforcement and prosecutorial methods […]
The Alito Hearings – The Debate Postponed Again
Last month I argued for making good use of the Senate confirmation hearings of now Justice Samuel Alito as a “teaching moment” that would take to the country the real jurisprudential issues underlying the judicial confirmation process. We didn’t get this; what we had instead was an embarrassment to the country and a disservice to […]
The Long Overdue Debate
In a Wall Street Journal essay last fall, in advance of President Bush’s nomination of Samuel Alito to fill the vacancy on the Supreme Court created by the retirement of Sandra Day O’Connor, Robert George wrote this: “Here is my proposal: To fill the seat….Bush should nominate an intellectually distinguished and articulate judge willing to […]
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