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• The Election and the Supreme Court—Possible Vacancies Ahead?

  Posted Monday, July 07, 2008 7:27 AM By Doug Kmiec
  
  It's an election year, so inevitably the possibility of a Supreme Court vacancy is part of the national discussion. If there is a potential nominee who ought to be at the top of the list for both parties, it's Supreme Court advocate, Carter G. Phillips. Read More...
  Filed under: Douglas W. Kmiec, Supreme Court, Roberts Court, vacancy, nominations

• "RobertsAlito" Is Not All One Word—The End of Judicial Activism as a Campaign Issue

  Posted Tuesday, May 27, 2008 12:55 PM By Doug Kmiec
  
  Judicial Activism is a largely fictitious issue that won't play in the 2008 campaign. The friendly differences of opinion among Chief Justice Roberts and Justices Alito, Scalia and Thomas illustrate why not. Read More...
  Filed under: Douglas W. Kmiec, Roberts Court, mccain, Judges, judicial activism, alito, SCOTUS, civil rights, employment discrimination, ledbetter

• Boy, That Doug Kmiec Is One Smart Cookie

  Posted Thursday, May 08, 2008 12:58 AM By Doug Kmiec
  
  There's more than just agreement between John McCain and Doug Kmiec; McCain and Obama have points of constitutional agreement as well. Exploring that common ground is far preferrable than McCain's giving unrefined insult to federal judges or just taking a swipe at his Democratic opponent for President. Read More...
  Filed under: Roberts Court, mccain, Judges, alito, obama judicial activism

• McCain Injudiciously Attacks Judges and the Constitution; Dems Wrongly Attack Obama's Ideal

  Posted Wednesday, May 07, 2008 3:44 AM By Doug Kmiec
  
  The media missed the story on the McCain judges speech and the Democrats are bound and determined to snatch defeat from the jaws of Obama's likely nomination victory. Read More...
  Filed under: Douglas W. Kmiec, Roberts Court, mccain, Judges, howard dean, alito

• McCain's Intemperate and Unfortunate Assessment of the Third Branch

  Posted Tuesday, May 06, 2008 10:08 AM By Doug Kmiec
  
  John McCain dishonors the federal judiciary raising tired and out-worn complaints about judicial activism that are not borne out by fact. And why isn't Antonin Scalia on his favorite's list? Read More...
  Filed under: John McCain, ACS, Roberts Court, judicial review, Antonin Scalia, Judges, judicial compensation, 2008 election

• Facing Consensus: The importance of the "facial" vs. "as applied" distinction in the Roberts Court.

  Posted Tuesday, April 29, 2008 9:56 AM By Doug Kmiec
  
  The Roberts Court is successfully pursuing consensus across ideological lines using the distinction between facial and as applied constitutional challenges. For a Court that is made up of both conservatives and liberals, it allows both to be both at the same time. Read More...
  Filed under: Douglas W. Kmiec, Roberts Court, voter ID, Crawford v. Marion County Election Board, as applied, facial

• Not Just Women's Work

  Posted Tuesday, April 08, 2008 7:05 AM By Doug Kmiec
  
  A new study says women with children are less "productive" at work. Maybe it's time law firms and corporations -- and men -- restructure employment relationships to recognize that many women want to be both parent and professional, and the culture would be better off if we made that easier to do. Read More...
  Filed under: Douglas W. Kmiec, Supreme Court, Roberts Court, Obama, law firm, gender equity, billable hours, Clinton, hillary clinton

• Colorblindness in Snyder?

  Posted Wednesday, March 19, 2008 7:38 PM By Richard Ford
  
  [by Rich Ford] Diane, Here's a take on Snyder and words left unsaid: Justices Roberts' and Alito's position in Snyder is perfectly consistent with a strict and rigorous colorblindness interpretation of the equal protection clause-- i.e. the same position Read More...
  Filed under: Roberts Court, Snyder, race

• Heller's opportunity to put Law over Politics

  Posted Tuesday, March 18, 2008 12:21 PM By Doug Kmiec
  
  Is the Roberts Court about law or politics? The DC gun case gives the Justices a unique opportunity to try out an internal procedure that might silence those who insist that Supreme Court judgment consists of little more than 4 conservatives arrayed against 4 liberals moderated by Justice Kennedy's perspective du jour. Read More...
  Filed under: Douglas W. Kmiec, Heller, gun control, John Roberts, Supreme Court, Roberts Court, DC, Second Amendment

• Positive Liberties at the Point of a Gun or Constitutional Obsolescence?

  Posted Monday, March 17, 2008 4:10 PM By Doug Kmiec
  
  [Doug Kmiec] Oh, Second Amendment, we hardly knew ye. The Second Amendment has two main parts: a preamble and an operative provision. The preamble: "a well regulated militia, being necessary to the security of a free state," is a statement of purpose. Read More...
  Filed under: Douglas W. Kmiec, Heller, Roberts Court, DC, Second Amendment

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