Liberal Democracy Is Not Too Big to Fail

[Originally posted at the main page.] Three months after the infamous Kelo v. New London opinion was issued in June 2005, Professor Thomas W. Merrill testified to the Senate Judiciary Committee about his surprise at the public’s “stunning” and “overwhelming… Continue Reading

CJ Roberts Might Have Saved the Court, But Was That His Job?

In our discussion in the comments at the main page, Tom Van Dyke and I discussed whether Chief Justice Roberts’ decision in NFIB v. Sebelius, aka, the Obamacare case, demonstrated the essence of statesmanship (and possibly a shrewd power play)… Continue Reading