Constitutional Law

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    Chief justice alludes to Kavanaugh fight

    Kevin Daley of the Daily Caller reports on U.S. Chief Justice John Roberts’ first public comments alluding to the contentious battle over new Justice Brett Kavanaugh’s confirmation. Chief Justice John Roberts spoke publicly for the first time Tuesday about Justice Brett Kavanaugh’s contentious ascension to the U.S. Supreme…
    Mitch Kokai, October 18, 2018
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    Weaponizing the courts

    Warren Henry explains in a Federalist column that it’s not hard to find ideas on the political left for tranforming the federal courts into political weapons. When Vox published “The case for abolishing the Supreme Court,” no one on the right could have been shocked. The left has…
    Mitch Kokai, October 16, 2018
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    Kavanaugh and the administrative state

    Peter Wallison of the American Enterprise Institute explains how new U.S. Supreme Court Justice Brett Kavanaugh could play a positive role in addressing the administrative state. … [T]he judiciary has failed in its responsibility to ensure that the laws binding on the American people will be made in…
    Mitch Kokai, October 15, 2018
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    Kavanaugh and Supreme Court staff diversity

    Melissa Quinn of the Washington Examiner documents what she labels the “Kavanaugh effect” on U.S. Supreme Court staff. On his first day at work, Brett Kavanaugh … ensured that the elite group of law clerks in the Supreme Court is the most diverse in its history. Kavanaugh’s four…
    Mitch Kokai, October 10, 2018
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    The Supreme Court and legitimacy

    David French argues at National Review Online that the U.S. Supreme Court’s legitimacy remains intact. There is a puzzling line of argument emerging in the aftermath of the battle over Brett Kavanaugh. Now that the balance of power in the Supreme Court is swinging towards originalism, there is…
    Mitch Kokai, October 10, 2018
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    This weekend on Carolina Journal Radio

    North Carolina has seen some good news in recent years when it comes to free-speech protections on college campuses. Jenna Robinson of the Martin Center for Academic Renewal explains during the next edition of Carolina Journal Radio. Jordan Roberts delves into the history of certificate-of-need restrictions on…
    Mitch Kokai, October 5, 2018
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    Favoring a missing frog over private property rights

    Michael Bastasch of the Daily Caller discusses one of the first controversial cases of the U.S. Supreme Court’s new term. The Trump administration will defend before the U.S. Supreme Court an Obama-era decision to effectively take control of roughly 1,500 acres of private property in the name of…
    Mitch Kokai, October 2, 2018
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    Government’s most dangerous branch

    Mary Kay Linge explains in a New York Post column why no one should be too surprised by the fight surrounding U.S. Supreme Court confirmations. With its dramatic reveals, shocking allegations and stunning confessions, the fight over the confirmation of Supreme Court nominee Brett Kavanaugh has had more…
    Mitch Kokai, October 1, 2018