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  • Re-Endorsing Obama

    Sunday, April 12, 2009 Re-Endorsing Obama Posted Easter Sunday, March 23, 2008 9:18 AM By Doug Kmiec Re-Posted Easter Sunday, April 12, 2009 5:25 AM Today I reaffirm my endorsement of Barack Obama as president of the United States. I have found him to be a person of integrity, intelligence, and genuine good will. There is a good ...
  • Prop. 8: Some further Thoughts on Equality by Civil Union; Leave Marriage to Religion

    In an essay published Friday in the San Francisco Chronicle,  I proposed that the way to settle the Prop.8 lawsuit was for California to withdraw from the marriage business, substituting civil unions prospectively for gay and straight alike.  The commentary has received many favorable comments, but also several people have posed a number ...
  • Executive (Over)Privileged -- Must the Abuse Continue?

    Today on Findlaw, I explore the problematic misuse of executive privilege in the Bush administration. That misuse continued late last week when former White House Chief of Staff Karl Rove refuse to honor the subpoena of a House subcommittee looking into whether or not wrongful pressure was brought upon US attorneys in the prosecution of a ...
  • Tony Snow and Tim Russert Together Again

      Tony Snow was a kind man who enjoyed sparring with his former colleagues in the press.  As well deserved as most of the criticism of the Bush administration has been - on Iraq, on the economy, on the environment, on just about everything except Roberts and Alito --  that criticism also at times exceeds the boundaries of ...
  • What the Heller? Is Only the Supreme Court's Liberty Enhanced?

      Jack Balkin and Sandy Levinson are right to probe with hypothetical the dimensions of the newly-minted, or perhaps ancient, right of self-defense, or right to own handguns, in one's home, or maybe outside it, or maybe also to own other weaponry, or maybe not, so firmly established in District of Columbia v. Heller (2008) per those ...
  • The Election and the Supreme Court—Possible Vacancies Ahead?

    Right at this moment, the Supreme Court is not an issue in the campaign, although partisans on both sides will no doubt keep trying to make it one as we get closer to November.  One reason the court is not an issue right now is that the chief justice has done a superb job of lowering the court's profile. It's hard to get the nation ...
  • Originalism Wounded! Justice Scalia Wanted For Questioning

    Yesterday, in Giles v. California, Justice Scalia, true to the originalist method, kept to the text of the Constitution and enforced the Confrontation Clause for the benefit of a criminal defendant complaining that his conviction was wrongful because he did not have the ability to cross-examine the out of court testimony of his girl-friend about ...
  • What's Up, Doc? Why Is Jim Dobson Pretending Not To Understand Barack Obama?

    Dr. Jim Dobson is a likeable man of wit and intelligence whom I have long admired for his support for the family. Recently, however, heand his national political director, Tom Minneryundertook on Dobson's nationally syndicated radio program to engage in a hypercritical distortion of an influential and powerful presentation on faith (a ''Call to ...
  • D.C. v. Heller: Will Originalism Matter, or Will the Court Misfire?

    While deducing from the calendar who is likely to write an opinion from any given sitting is a matter of considerable speculation, there is reason to believe that Justice Scalia may be writing D.C. v. Heller. Should that prove to be true, it is worth recalling Justice Scalia's own definition of originalism, and his particular ''originalist'' ...
  • Following an Infirm Administration, Debating Health Care at the National Constitution Center

    Last night at the National Constitution Center in Philadelphia, it was my pleasure to moderate the Sixth Annual Templeton Lecture on Economic Liberty. The lecture endowed by Dr. John Templeton was one of the first endowed programs of this magnificent center, and it has become one of Philadelphia's most looked-for events. Consequently, it is ...
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