I’ve made the argument in the past that, feckless though it may seem at times, the SCOTUS—especially the Trump SCOTUS—remains America’s best hope for recovering what is still viable in our constitutional order. Basically, the argument is that the other branches of government and our politics more generally have become dysfunctional. While the Roberts approach of gradualism is sometimes frustrating, while some decisions remain wrongheaded, the Court appears to have taken the bit between its teeth and is doing two things, which have become most evident this week in the decisions on the Administrative State: First, the Court has empowered the federal judiciary to accept citizen challenges to the ukases of the Administrative State, through its agencies, and to examine the administrative regime on a rational basis—no longer deferring to so called “experts”.
It's a very scary thought indeed that our fate hangs upon 9 frail, weak humans. This is just another reminder that the system can't be fixed. Things can only get better when it fails and we begin re-building from ground up and make sure that DC never ever has control over our lives again.
It's a very scary thought indeed that our fate hangs upon 9 frail, weak humans. This is just another reminder that the system can't be fixed. Things can only get better when it fails and we begin re-building from ground up and make sure that DC never ever has control over our lives again.
This is one of those columns where I say, "You nailed it, unfortunately."
Dei stinks like Amy
How disappointing on Judge Barrett. I expected so much more, especially with how ruthlessly she was attacked during her nomination.
Kavanaugh just seemed an upgraded Judge Kennedy, so my expectations were not high.
Gorsuch puzzles me. Most of his decisions I agree with, but a few are curveballs.
If Trump is elected for a third time and actually assumes office, I hope he selects more Judges in the mode of Judge Thomas, a superstar.
IMO Gorsuch is most closely aligned to Thomas and Alito’s thinking.
Except for Bostock. He's had a number of libertarian blips.