[ad_1] Over the dissent of twelve judges, the Ninth Circuit today denied en banc review of a divided panel decision from February (Allen v. Ives) in which Judge William Fletcher, writing for the majority, ruled that a habeas petitioner’s claim that he is “‘actually innocent’ of his sentence as a career offender” should have been

[ad_1] U.S. Supreme Court in Washington, D.C. (Jonathan Ernst/Reuters) While she hasn’t explicitly challenged the precedent established by Roe v. Wade in her capacity as a judge, Amy Coney Barrett — pegged by some as the odds-on favorite to be President Trump’s Supreme Court nominee — has more than demonstrated her commitment to life in the

[ad_1] The Supreme Court building in Washington, D.C., July 2, 2020 (Jonathan Ernst/Reuters) As we wait for Donald Trump to announce his pick to fill the Supreme Court vacancy left by the death of Justice Ruth Bader Ginsburg, there has been some division on the right over the most prudent course of action for the

[ad_1] Senator Josh Hawley (R, Mo.) appears on Fox News (via YouTube) Senator Josh Hawley on Monday doubled down on his call for the Senate to confirm a Supreme Court justice who believes that Roe v. Wade, the Supreme Court case that legalized abortion nationwide, was wrongly decided. “For years Republican senators have promised that

[ad_1] Democratic presidential nominee and former Vice President Joe Biden speaks at the National Constitution Center in Philadelphia, Pa., September 20, 2020. (Mark Makela/Reuters) Joe Biden, in a one-on-one interview with WBAY in Manitowoc, Wis., yesterday: Question: If Trump’s Supreme Court pick goes through, but you win the election, Democrats take over Senate and maintain

[ad_1] Democratic presidential nominee and former Vice President Joe Biden speaks during a campaign event at the Wisconsin Aluminum Foundry in Manitowoc, Wis., September 21, 2020. (Mark Makela/Reuters) Democratic presidential nominee Joe Biden on Monday refused to say whether he would reject Democrats’ calls to add more members to the Supreme Court if Republicans move

[ad_1] The U.S. flag at half mast in front of the U.S. Supreme Court following the death of Justice Ruth Bader Ginsburg in Washington, D.C., September 19, 2020. (Carlos Barria/Reuters) Progressives no longer think our institutions and constitutional structures are legitimate. Constitutional revolution is going mainstream. After delivering lectures about political norms for the entirety

[ad_1] U.S. Supreme Court building in Washington, D.C. (Jonathan Ernst/Reuters) It likely won’t happen because Democrats have little to offer. Following the death of Justice Ruth Bader Ginsburg, a handful of writers proposed a grand bargain on the Supreme Court. The deal would look something like this: In the Senate, which Republicans control 53-47, at

[ad_1] (Jonathan Ernst/Reuters) In the Los Angeles Times, Jonah Goldberg wonders why the idea of a “grand bargain” over the vacant Supreme Court seat isn’t “catching on among senators,” despite “gaining steam among eggheads.” Perhaps, he suggests, “such a deal hinges on the ability of politicians to trust other politicians to keep their word and

[ad_1] My post on the Federal Judicial Center’s one-sided panels on ideological issues elicited this email from a concerned FJC employee who fears retaliation and would therefore like to remain anonymous: I wanted to bring to your attention a more concerning development that I believe shares a common set of themes with your article. In

[ad_1] Senate Minority Leader Chuck Schumer addresses a news conference about the coronavirus response on Capitol Hill, May 5, 2020. (Leah Millis/Reuters) Senate minority leader Chuck Schumer (D., N.Y.) claimed Monday that Republicans have “no right” to fill the Supreme Court vacancy left by the recent death of Justice Ruth Bader Ginsburg ahead of the

[ad_1] Republicans should hold off on a confirmation vote to replace Justice Ginsburg, he writes, until after the election. Then, if Biden wins, the president-elect and the lame-duck Senate majority should cut a deal: The Republicans will leave the seat open, and in return Biden will agree not to sign any legislation to expand the

[ad_1] Someone seems to be feeding the same bad talking point to Ruth Marcus and Joan Biskupic. In 2018, a Seventh Circuit panel ruled (in Planned Parenthood v. Commissioner) that provisions of an Indiana law that (1) prohibited abortions motivated solely by the race, sex, or disability of the fetus, and (2) governed the disposal

[ad_1] (Evgen_Prozhyrko/Getty Images) Household net worth increased by $7.6 trillion in the second quarter, surpassing the pre-pandemic high as rebounding stocks bolstered Americans’ wealth, a Federal Reserve report revealed on Monday. Household net worth increased 6.8 percent to $119 trillion, the largest gain in quarterly records dating back to 1952. Federal government borrowing spiked as

[ad_1] People gather to mourn the death of Justice Ginsburg at the Supreme Court in Washington, D.C., September 20, 2020. (Joshua Roberts/Reuters) Luckily, America is blessed with many highly qualified judges and scholars who fit the bill. Justice Ruth Bader Ginsburg had one of the most influential legal careers of anyone in American history. As

[ad_1] President Donald Trump attends a news conference in the Rose Garden at the White House in Washington, D.C., July 14, 2020. (Jonathan Ernst/Reuters) What’s the status of the TikTok negotiations? In short, President Trump appeared to approve a deal this past weekend, but that won’t be the end of this saga. For all the

[ad_1] There are so many campus outrages these days that it’s easy to credit each and every report — but we shouldn’t. A few weeks ago, there was a story circulating to the effect that a professor at Appalachian State University in North Carolina was suggesting to students that violence against conservatives was okay. It

[ad_1] President Donald Trump speaks during a campaign event at the Central Wisconsin Airport in Mosinee, Wis., September 17, 2020. (Tom Brenner/Reuters) A Canadian woman suspected of sending an envelope containing the poison ricin to President Trump was arrested over the weekend as she attempted to enter the U.S. at the New York-Canada border. The

[ad_1] Supreme Court Justice Ruth Bader Ginsburg participates in a discussion hosted by the Georgetown University Law Center in Washington, D.C., September 12, 2019. (Sarah Silbiger/Reuters) There are a lot of bad arguments to be made about why Republicans should not move forward with confirming a new Supreme Court justice. Just a few days after

[ad_1] (tupungato/iStock/Getty Images Plus) Republicans should move now. While we did not agree with many of Justice Ruth Bader Ginsburg’s views about the Constitution or the judicial function, we never doubted her industry, dedication, gumption, civility, or patriotism. We send our condolences to all who mourn her passing. Justice Ginsburg almost certainly had more fans

[ad_1] Judge Amy Coney Barrett (left) and Judge Barbara Lagoa (Matt Cashore/Notre Dame University/Handout/via Reuters; Florida Supreme Court/Handout/via Reuters) Either Amy Coney Barrett or Barbara Lagoa would be a strong pick. Timing may favor the latter. NRPLUS MEMBER ARTICLE P resident Trump has announced that he will pick a woman for the Supreme Court seat

[ad_1] Senate majority leader Mitch McConnell speaks to reporters on Capitol Hill, Washington, D.C., September 15, 2020. (Al Drago/Reuters) The only rules Mitch McConnell needs are in the Constitution. NRPLUS MEMBER ARTICLE R epublicans have every right to fill the vacancy left by Ruth Bader Ginsburg on the Supreme Court. Please save your irate emails

[ad_1] Supreme Court justices settle in for their group portrait, November 30, 2018. (Jim Young/Reuters) Joe Biden and Lindsey Graham have both flip-flopped on the appropriateness of confirming a new Supreme Court justice during a presidential election year. While pushing for the confirmation of 2016 Obama-appointee Merrick Garland, then-vice president Biden, who had served as

[ad_1] The American flag flies at half staff outside the U.S. Supreme Court following the death of Justice Ruth Bader Ginsburg, Washington, D.C., September 18, 2020. (Al Drago/Reuters) The timing of Justice Ginsburg’s replacement is strictly a matter of political calculation. Justice Ruth Bader Ginsburg lived an extraordinary American life and leaves it with glowing

[ad_1] President Donald Trump reacts after learning of the death of Justice Ruth Bader Ginsburg at Bemidji Regional Airport in Minnesota, September 18, 2020. (Tom Brenner/Reuters) President Trump said Saturday that Senate Republicans have an “obligation” to fill the vacancy on the Supreme Court left by Ruth Bader Ginsburg’s death “without delay.” .@GOP We were

[ad_1] Supreme Court Justice Ruth Bader Ginsburg sits at the Supreme Court in Washington, D.C., June 1, 2017. (Jonathan Ernst/Reuters) Yesterday we lost a true trailblazer. Justice Ruth Bader Ginsburg was both a respected academic and an accomplished advocate who reached the very highest levels of the legal profession. After serving for 13 years on

[ad_1] (Michał Chodyra/Getty Images) 1994—D.C. Circuit chief judge Abner J. Mikva resigns from the court in order to pursue what for him might be a less political position—White House Counsel to President Clinton. A member of Congress when appointed to the D.C. Circuit by President Carter in 1979, Mikva transported his policymaking to the bench.

[ad_1] (Zolnierek/Getty Images) Progressives say racism is everywhere in the criminal-justice system, but they don’t provide many specifics. I  worked in the criminal-justice system for a quarter century. It is run, day-to-day, by the crème de la crème of graduates from America’s top law schools. Those institutions wear their progressive bona fides on their sleeves and

[ad_1] A bust of Plato in the Long Room of the old library that houses 200,000 of Trinity College’s oldest books in Dublin, Ireland, September 14, 2018. (Clodagh Kilcoyne/Reuters) Tell-tale signs of decadence reveal that it’s time for the Humanities (again). Now, while everyone is looking towards science to put right all that’s wrong with the

[ad_1] Federal Reserve Board Chairman Jerome Powell testifies before the House Financial Services Committee during a hearing on the semi-annual Monetary Policy Report, February 11, 2020. (Leah Millis/Reuters) The Federal Reserve is an instrument of Congress, and should act as such. At the Kansas City Federal Reserve’s virtual Jackson Hole economic-policy symposium, Fed chairman Jerome