Freedom of speech, a norm since 1791. Filibusters since 1837. Nine Justices on the Supreme Court since 1869. 50 states since 1959. All are currently on the chopping block. It’s almost enough to make you think the raging against Donald Trump breaking political norms was just hard-nosed politics and ginned up outrage. Less than two… Continue reading Whatever happened to democratic norms? Free speech, the filibuster, nine Supreme Court Justices, and fifty states, suddenly aren’t norms?
Joe Biden breaks Donald Trump's first week record with 22 executive orders, one of which has already been halted by the courts. The increasing scope of executive orders is almost certain to provoke an honest-to-goodness crisis in the not too distant future, and yet next to no one is talking about the damage waiting to… Continue reading Executive orders are the real looming Constitutional Crisis
From a vaccine to Hunter Biden with the Supreme Court in between, the world has changed in less than two months, what did the media know and when did they know it? It’s only been six weeks since the election, and yet new revelations have shifted the terms of the debate around some important topics. … Continue reading Five things we should have known before the election
As the Supreme Court weighs in for the first time, it’s time to consider where the government’s ability to restrict basic freedoms begins and ends Late Wednesday afternoon, the Supreme Court ruled on government imposed COVID-19 regulations for the first time, striking down Governor Andrew Cuomo’s restrictions on religious worship. Not surprisingly, in today’s coronavirus… Continue reading Do the lockdowns have any limiting principle?
How long can the government restrict your basic rights even in the middle of a pandemic? I'm now going to say something that I hope will not be twisted or misunderstood. But I have spent more than 20 years in Washington, so I'm not overly optimistic. In any event, here goes. The pandemic has resulted… Continue reading Supreme Court Justice Samuel Alito finally states the obvious