In the wake of his ruling overturning California's Prop 8 ban on same-sex marriage, one legal observer concluded Judge Vaughn Walker "is speaking to Justice Kennedy." Slate's Dahlia Lithwick went a step further, suggesting that while "Judge Vaughn R. Walker is not Anthony Kennedy," he "certainly knows how to write like him." If so, Judge […]

In December 2009, former Attorney General Alberto Gonzales lamented not that President Bush had politicized the Justice Department, but that he didn't politicize it enough. But with its purge of U.S. attorneys, complicity in rubber-stamping detainee torture and blessing illegal domestic surveillance, the Bush administration's gutting of the DOJ's Civil Rights Division and the perversion […]

For years, retail giant Wal-Mart and its smiley face logo have lured American shoppers to its stores with a campaign to "rollback" prices. Now, as Kentucky GOP Senate candidate Rand Paul was just the latest to make clear this week, the Republican Party is waging a rollback campaign of its own. From health care, Social […]

With President Obama's nomination of Elena Kagan, some conservatives are lamenting the prospect of a United States Supreme Court without a single Protestant justice. But for Pat Buchanan, the corollary is that one religious group is being dangerously overrepresented on the nation's highest court. Given Buchanan's checkered past, including as it does periodic defenses of […]

One month after Republican Governors Bob McDonnell and Haley Barbour celebrated a slavery-free version of the Confederacy, the GOP is defending slavery in order to attack President Obama's Supreme Court nominee, Elena Kagan. In an RNC memo released today, Republicans blast the former clerk to Thurgood Marshall for concurring with her boss' assessment that the […]

With word that 89 year old Justice John Paul Stevens may step down from the Supreme Court as soon as this year, the second-ranking Republican in the Senate made clear his party wouldn't hesitate to filibuster Stevens' replacement. Asked if the GOP would resort to the obstructionist tactic it once routinely decried, Arizona's Jon Kyl […]

With each passing day, the apologists for the Bush administration's regime of detainee torture resemble more and more characters from an episode of Seinfeld. After narrowly escaping a recommendation of disbarment last month, its legal architect John Yoo offered what might be deemed the George Costanza defense: it's not a war crime if you believe […]

Speaking to students of the University of Alabama law school, Chief Justice John Roberts launched a blistering attack on President Obama's State of the Union criticism of the Court's Citizens United decision. Calling Obama's prime-time critique "very troubling," Roberts complained that the President's annual address to Congress "degenerated to a political pep rally." Of course, […]

While legal analysts like Glenn Greenwald and Jonathan Turley lamented Justice Samuel Alito's "serious and substantive breach of protocol" during last night's State of the Union address, conservatives are predictably apoplectic about President Obama's temerity in questioning the Supreme Court's campaign finance decision in that setting. As it turns out, the right-wing hypocrisy in defense […]

Years ago, John McCain said of the Keating Five scandal that nearly ended his career, "The fact is, it was the wrong thing to do, and it will be on my tombstone and deservedly so." But if his new cause of campaign finance reform was the penance for his Keating "nightmare," the Supreme Court last […]