SCOTUS is too powerful. How can we change that?
All of the hand wringing on both sides could be solved by one simple word: federalism.
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Politicization of the Supreme Court not as Easy as Supposed
A confirmation of Justice Brett Kavanaugh, because he may have once opposed Roe V. Wade on abortion, is not likely to be as threatening as portrayed by the media.
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Judge Napolitano: Kavanaugh is the Establishment Pick
On Fox and Friends this morning, Napolitano said: “The Washington establishment, sometimes known as the swamp, wanted Judge Kavanaugh,” said Napolitano. “I am disappointed in the president because this is not the type of person he said he would pick. Justice [Neil] Gorsuch was. This person is at the heart and soul of the D.C.…
DetailsAndrew Napolitano on replacing Supreme Court ‘swing vote’ Kennedy
Fox News senior judicial analyst Judge Andrew Napolitano weighs in on news Justice Kennedy plans to retire.
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Supreme Court Betting on College Sports
In a baby step back toward protecting reserved State Powers, the Supreme Court on Monday overturned a twenty-five year old federal law called The Professional and Amateur Sports Protection Act (PASPA). The Act was originally signed into law in 1992 to target organized markets for sports gambling. This federal law was not a flat ban on sports-gambling schemes, but only a law that prohibited States from permitting sports gambling by State law.
DetailsWarning: A Federal Court Strategy is Dangerous for Liberty
Some people believe that even the most local violations of your rights should be dealt with in federal court. But going this route only ensures that bad decisions are bad for everyone.
DetailsReviving the Nondelegation Doctrine
“Gorsuch’s standard would still be important, as it would strike down a delegation arguably for the first time since the New Deal. And once that occurs, it becomes easier for the Court to strike down other delegations.”
DetailsSports Betting Case Before SCOTUS has Tenth Amendment Ramifications
Last week, the Supreme Court heard testimony on a case that could reinvigorate the Tenth Amendment of the Constitution. Surprisingly, it’s all about football and sports betting in the State of New Jersey. The results of Governor of New Jersey v. National Collegiate Athletic Association may have consequences for a range of issues, including gun control, medical/recreational marijuana, and healthcare.
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No, the Supreme Court is not always Right
It is often suggested that as soon as the Supreme Court weighs in on a particular issue, it can no longer be revisited and whatever opinion is rendered must be treated as an eternally binding edict.
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