Law

Dispatches from the Creation Wars

Category archives for Law

Defending Scalia

I know I’ve spent a fair amount of time lately criticizing Justice Scalia about things he has said in his recent appearances, but there’s one thing he said that is being attacked on this blog that I think he should be defended about. Will Bunch, owner of the Attytood blog, says that Scalia holds the…

Scalia on Loving v Virginia

I decided to take a look and see if Justice Scalia had ever addressed the ruling of Loving v Virginia. It turns out, apparently, that he thinks the case was decided correctly, even while embracing the exact same argument made in that case by the state of Virginia. In his dissent in Lawrence, he accepted…

Scalia and Political Controversy

Justice Scalia has been very active lately on the public speaking circuit. In addition to his debate with Nadine Strossen, he also made an appearance, along with Justice Alito, at a conference sponsored by the National Italian American Foundation. The AP reported on that talk and something jumped out at me, because he made a…

More ADF Nonsense on Judicial Activism

Yet another post at the ADF blog about judicial activism, no better than the last few. This one is written by Matt Bowman, who seems to miss the point of the ambiguity of the phrase almost completely. He writes: One can understand why Leftists don’t want to debate the merits of court decisions that constitute…

Scalia Debates Strossen

Justice Scalia participated in a televised debate with Nadine Strossen, President of the ACLU’s board of directors, last night. The AP has a report about it, and there’s one statement in it that caught my eye, and the eye of STACLU as well. Arguing that liberal judges in the past improperly established new political rights…

ADF and Judicial Activism, Take 2

The admin of the ADF’s blog has a post responding to this column by Edward Lazarus about judicial independence and judicial activism. Amusingly, he titles the post Why Won’t the Left Engage in Honest Debate? You’ll see why this is amusing in a moment. He claims that Lazarus “fails to acknowledge that the real issue…

Charles Swift, the JAG lawyer who bravely defended Hamdan and won his case before the Supreme Court, was denied a promotion and now must leave the Navy: Lt. Cmdr. Charles Swift, 44, will retire in March or April under the military’s”up or out”promotion system. Swift said last week he was notified he would not be…

Roy Moore on HR 2679

Good ol’ Judge Roy Moore, the Christian supremacist former Alabama supreme court justice, thinks HR 2679 (which I refer to as the Tonya Harding bill – if you can’t beat the ACLU in court, hobble them on the way up the steps) is a dandy idea. And you’re gonna love the hypocritical rhetoric he uses…

Jack Balkin says no: First, the MCA puts the President in an interesting position: the U.S. is still bound by Geneva, but there is no way for individuals to enforce violations of Geneva (except that grave breaches of Common Article 3 can still be prosecuted under the War Crimes Statute). However, Geneva’s status as the…

HR 2679 Passes the House

Which is hardly a surprise. The House will pass virtually anything, as history attests. But this bill is going nowhere fast in the Senate, just like Rep. Hostetler’s other court-stripping legislation that passed the house and then died. Congress is about to go on break until November 7th. When they come back they’ve got about…