Dispatches from the Creation Wars

Archives for July, 2005

The New lluminati

Since politics today is conducted primarily through the use of catchphrases and codewords, political memes are particularly fun to watch and never more than when they’re first beginning to enter the public discourse. The right has long been the master of this art, building on the direct mail campaigns of Richard Viguerie and, later, Newt…

Mark Olson on Bork

Just noticed this very odd response by Mark Olson to my post about Robert Bork’s mythical martyrdom. Much of the rhetoric in Olson’s response would serve as a perfect example of how to execute the strategy known as poisoning the well, as he puts his own unique characterizations on events and pretends that I have…

Randy Barnett, my favorite legal scholar, has written an interesting essay on John Roberts and what his nomination says about the entire process. His take: But what sort of Justice will Judge Roberts make? I have no idea. I have never met him, so all I have to go on is his public record–a record…

Given a night to sleep on it and a bit more research, here are my initial thoughts on the nomination of John Roberts for the Supreme Court. First, let me note that there are different meanings to the word “conservative” in this context. Robert Bork, Antonin Scalia, Clarence Thomas, Michael McConnell and Alan Keyes are…

Oops

I said yesterday that John Roberts had issued an opinion in the Hamdi case in which he argued for giving the President virtually unchecked authority in terms of treating American citizens as “enemy combatants”. That was a mistake. I was confusing Roberts with Judge Harvie Wilkinson. Hamdi’s case was heard in the 4th circuit, not…

John Roberts?

Fox News is reporting that the nominee is not Clement, but rather John Roberts of the D.C. Circuit. SCOTUSblog’s profile of him can be found here. If Roberts is indeed the choice, then it’s obvious that the White House has likely been sending out fake trial balloons to keep people guessing. Roberts was thought to…

Not Clement?

ABC News is reporting that Edith Clement is not Bush’s choice to replace O’Connor: Judge Edith Clement — perceived by many observers as a potential frontrunner for the Supreme Court seat vacated by Justice Sandra Day O’Connor — is not President Bush’s choice for the high court. An informed source told ABC News they had…

President Bush will announce his nominee to replace Justice O’Connor on the Supreme Court tonight at 9 pm. AP is speculating that it will be Edith Clement of the 5th Circuit: Bush’s spokesman would not identify the president’s choice. But there was intense speculation Tuesday that it would be Judge Edith Clement of the U.S.…

Kelo Abuse: That Didn’t Take Long

The Institute for Justice is asking the Supreme Court to rehear the Kelo case, arguing that in just the few weeks since the decision was handed down, much has changed that should make them reconsider their decision. It’s a desperate move, not likely to succeed, but they have a point about what has happened in…

Falwell Cleared of FEC Violations

The Federal Election Commission has unanimously voted in favor of Jerry Falwell in a complaint that was filed against him by the Campaign Legal Center. The complaint said that he had violated election laws by endorsing President Bush because he is the head of a non-profit religious organization: Falwell, founder of Liberty University in Lynchburg,…