A Lesson in Constitutional Interpretation

Thursday, January 24th, 2013

In light of the current debate on Capitol Hill, the quotation of the day comes from the Supreme Court’s majority opinion in D.C. v. Heller: Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional [...]

Heller Finally Gets His Permit

Monday, August 18th, 2008

Details here: Heller gets his gun permit. More coverage: SFGate SCOTUSBlog

McCain’s Eligibility – Natural-Born Citizen?

Thursday, February 28th, 2008

This is the second comment in as many days I’ve seen on this point. John McCain was born abroad, on a United States military base in the Panama Canal Zone. Does that make him ineligible under the United States Constitution, Article I, section 1, clause 5 (the “Natural Born Citizen Clause”)? The clause states that: [...]

SCOTUS Upholds Solomon Amendment

Monday, March 6th, 2006

The Supreme Court upheld the Solomon Amendment, which bars colleges from accepting federal funds if they refuse to allow military recruiters on their campuses. The unanimous (8-0, since Alito had not been confirmed when the case was argued) opinion was the third written by Chief Justice John Roberts. Thirty-six law schools had challenged the law [...]

Justice Alito

Monday, October 31st, 2005

Bush nominated Samuel Alito to the Supreme Court, today. Judge Alito is currently on the Court of Appeals for the Third Circuit (PA, NJ, DE). From everything I know of him and his judicial history, I couldn’t be happier about his nomination.

The Hypocrisy Continues

Friday, July 22nd, 2005

John Kerry is insisting that the White House release “in their entirety” all documents and memos from John Roberts’s time there. Kerry, despite repeated claims to the contrary, never made public most of his (relevant) Vietnam records, including medical forms, discharge papers, and award citations. Apparently, routine memos are important if John Kerry is to [...]

John Roberts, Jr., Nominated to Supreme Court

Tuesday, July 19th, 2005

So, it’s John Roberts. From everything I know, he’s an excellent choice. I’m sure we’ll all learn a great deal more about him, very soon; feel free to comment, below.

Whither Gonzales?

Saturday, July 2nd, 2005

Republicans should have some serious concerns about the possibility that Bush will nominate Attorney General Alberto Gonzales to the Court. I’m willing to overlook points #2 and #5. The Second Amendment, alas, was worded rather poorly, so numerous interpretations are possible, and banning assault weapons is not a huge stretch, though I do disagree with [...]

Justice O’Connor Retires

Friday, July 1st, 2005

After a long career in serving our country, Justice Sandra Day O’Connor is retiring. It will be very interesting to see who is nominated – and who is confirmed – to replace Justice O’Connor. A more conservative replacement could make a lot of 5-4 decisions swing the other way, while another moderate would preserve the [...]

Kelo Fallout

Tuesday, June 28th, 2005

I had to jump on the bandwagon, here, and comment on the Kelo case (KELO et al v. CITY OF NEW LONDON et al). For those who don’t know, the Kelo case was brought by a homeowner (Kelo) against the city of New London, CT, because the city intended to force homeowners off their land [...]