Search for: "Jonathan H. Adler"
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6 Oct 2023, 9:46 am
[For a brief moment, some Republicans were arguing the disgraced and indicted President should be the next Speaker of the House.] There's a fascinating and detailed debate over whether former President Donald Trump is disqualified from again serving as President under Section 3 of the 14th Amendment. After House Speaker Kevin McCartyh was ousted, some of suggested that Trump should be Speaker, and some reports suggested the former President was open to it. (Maybe he liked the idea of having… [read post]
14 Jul 2025, 7:39 pm
[There's a tension between Progressives efforts to delegitimize the courts and hopes the judiciary to constrain executive power. ] Ramesh Ponnuru writing in the Washington Post: the mood of bitter hostility toward the Supreme Court has been a general feature of Democratic politics for much of the past decade — and especially since its 2022 decision to allow states to prohibit abortion. That critique of the court is heartfelt for many progressives. But it has a flaw that is becoming… [read post]
15 Jun 2025, 3:21 pm
Cameron, Jonathan P. Kastellec, Adam Liptak, Rogers M. Smith, Gillian E. Metzger, Cristina M. [read post]
19 Apr 2023, 8:02 am
[Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.] This morning the Supreme Court decided two cases in which Justice Brett Kavanaugh wrote the majority opinion and Justice Neil Gorsuch dissented: Reed v. Goertz and Turkiye Halk Bank v. United States. The former case concerned the statute of limitations for Section 1983 procedural due process claims. The latter (in which Justice Gorsuch only dissented in part) concerned… [read post]
7 Feb 2023, 3:37 pm
[ Amna Khalid and Jeffrey Aaron Snyder argue that we should not kid ourselves about the threat university DEI bureaucracies pose to academic freedom, but is there a better way?] Reflecting on Hamline University's disgraceful decision to fire an adjunct professor for showing a pucture of Muhammad in an art history class, Amna Khalid and Jeffrey Aaron Snyder argue in the Chronicle of Higher Education that DEI, as it has become ensconced in many universities (what they call "DEI Inc.)… [read post]
21 Dec 2022, 11:03 am
[A progressive makes the case the two justices should step down within the next two years so that President Biden may appoint their successors with a Democratic Senate.] Over at Vox, Ian Millhiser argues that Justices Sonia Sotomayor and Elena Kagan should retire now so that they can be replaced while Democrats control both the White House and the U.S. Senate. Failing to do so, he warns, risks that they could be replaced by a Republican President, as happened when Justice Ruth Bader… [read post]
10 Dec 2022, 6:07 am
[A new study examines what happened in British Columbia, while a second looks at how to ensure "revenue neutrality."] A new study forthcoming in Climate Change Economics sheds light on the question of whether the adoption of a rebated or revenue-neutral carbon tax would reduce employment levels. The abstract of the paper "Do Carbon Taxes Kill Jobs? Firm-Level Evidence from British Columbia," by Deven Azevedo, Hendrik Wolff, and Akio Yamazaki reads: This… [read post]
18 Nov 2022, 5:22 am
[Ohio Governor Mike DeWine's appointment to the Supreme Court will dertermine the orientation of the Ohio Supreme Court.] All three Republican candidates for the Ohio Supreme Court won their races on election day this year. Justice Patrick DeWine and Patrick Fischer each won reelection and Justice Sharon Kennedy defeated Justice Jennifer Brunner in the race to replace outgoing Chief Jsutice Maureen O'Connor. None of the races was partcularly close; all three races were decided by double… [read post]
7 Jun 2022, 6:54 pm
[The justices hear fewer cases and decide fewer questions than they used to.] The Supreme Court is on track to decide the fewest number of cases after oral argument in over 150 years. Despite the reduced workload, the justices are behind this term, having issued opinions in just over half of the 62 argued cases. We will get more opinions tomorrow (Wednesday) morning, but the justices will have to pick up the pace if they are to finish before the July 4 holiday, as is traditional. There may be… [read post]
2 Jun 2022, 10:57 am
[We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.] The Supreme Court will issue opinions on Monday. This will be the first opinion day in June, and (as I noted on Tuesday) the Court has quite a few cases left to decide. The Court has yet to issue opinions in thirty-three of the cases argued this term, and there are only 14 potential decision days left before the July 4 holiday. Just how far behind is the Court? Greg Stohr has… [read post]
31 May 2022, 6:16 pm
[A state court rules that bumble bees may qualify as "fish" under the California Endangered Species Act] Concerned for the plight of bumble bees, environmental organizations petitioned the California Fish and Game Commission to list four bumble bee species--the western bumble bee, Franklin's bumble bee, Crotch's bumble bee and the Suckley cuckoo bumble bee--as "endangered" under the California Endangered Species Act (CESA). There was only one problem: The CESA provides… [read post]
19 May 2022, 2:20 pm
[An interesting and surprising research result. ] Increased concentrations of carbon dioxide and greenhouse gases in the atmosphere are expected to lead to increased tropical cyclone rainfall and hurricane intensity. What is less well understood is how more traditional types of air pollution, such as aerosols, may affect hurricane activity. A new study published in Science Advances, "Substantial global influence of anthropogenic aerosols on tropical cyclones over the past 40 years,"… [read post]
16 May 2022, 4:43 am
[A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.] Over the weekend, Yale law professor Akhil Amar had a substantial essay in the Wall Street Journal discussing the leaked draft opinion in Dobbs by Justice Alito that would overturn Roe v. Wade. Professor Amar is one of the nation's most prominent constitutional law professors. He is fairly progressive, but also considers himself an originalist. As a consequence, he… [read post]
29 Apr 2022, 10:34 am
[Adrian Vermeule responds to Judge Bill Pryor, and others comment on "Common Good Constitutionalism"] Earlier this month I noted Judge Bill Pryor's recent Federalist Society lecture, "Against Living Common Goodism," criticizing Harvard law professor Adrian Vermeule's Common Good Constitutionalism. Professor Vermeule and Conor Casey of the University of Liverpool School of Law & Social Justice have now replied in an essay forthcoming in the Harvard Journal… [read post]
25 Feb 2022, 6:29 am
[News reports indicate President Biden has made his choice to replace Justice Stephen Breyer] Multiple news outlets are reporting that President Biden has decided to nominate Judge Ketanji Brown Jackson to replace Justice Stephen Breyer on the U.S. Supreme Court. Judge Jackson is currently a judge on the U.S. Court of Appeals for the D.C. Circuit and previously clerked for Justice Breyer. If confirmed, Judge Jackson will be the tenth Supreme Court justice to have previously clerked on the Court, and… [read post]
9 Dec 2021, 5:25 am
[Flagging some interesting blog posts on the question.] Should the Supreme Court narrow or eliminate the federal constitutional right to abortion in Dobbs, this will not eliminate the legal and constitutional questions concerning the regulation of abortion, but the terrain will shift. Overruling Roe and Casey in the entirety would remove the constitutional obstacle to state regulation or prohibition of abortion within a state's borders. But questions about the extent to which… [read post]
21 Nov 2021, 10:20 am
[In recent years, the Supreme Court has rarely issued opinions in argued cases, and they were almost always written by RBG.] The announcement that the Supreme Court will issue one or more opinions tomorrow has fueled speculation that we may get a decision in one or both of the S.B.8 cases. The Court heard Whole Woman's Health v. Jackson and United States v. Texas on an expedited basis, so perhaps this speculation is well-founded. The Court accelerated its consideration in… [read post]
1 Jun 2023, 1:58 pm
[A lesson in how to ensure you lose a case in court.] Readers may remember failed Republican Senate candidate Roy Moore, the former Chief Justice of the Alabama Supreme Court who was twice removed from the bench for failing to comply with federal court orders. When Moore ran for Senate, I wrote a piece for The Weekly Standard (now available on the Washington Examiner website) detailing Moore's failure to understand much about our constitutional system. In the years that have passed, it is… [read post]
5 Jan 2026, 1:13 pm
[The NYT profiles a sloppy and highly problematic empirical study of the Supreme Court. ] Today's New York Times reports on a new study by three economists purporting to show that the Supreme Court's decisions are increasingly tilted toward the interests of the rich, and suggesting that this may play a role in rising economic inequality. Here's how the NYT story begins: Supreme Court justices take two oaths. The first, required of all federal officials, is a promise to… [read post]
6 Nov 2018, 7:17 am
The Supreme Court issues its first OT2018 decision in an argued case.This morning, while most reporters were focused on the midterm election, a hearty cadre of Supreme Court reporters made their way through the rain to the Supreme Court for the first "decision day" of the term. The Court issued one decision today, a unanimous opinion in Mount Lemmon Fire District v. Guido, in which the Court rejected the fire district's attempt to get out from under the requirements of the Age… [read post]
