In a story ostensibly about dissension on the right concerning the wisdom, propriety, and constitutionality of congressional intervention in the Terri Schiavo case, The New York Times offers criticism from two moderates (Sen. John Warner of Virginia and Rep. Chris Shays of Connecticut), two libertarians (Steve Moore and Bob Levy of the Cato Institute) and one self-identified "process conservative" at a think tank (David Davenport of the Hoover Institution). The payoff is a bit disappointing, given a headline that announces "GOP Right Is Splintered on Schiavo Intervention." To be fair, a story in yesterday's Times cited Pepperdine University law professor Douglas Kmiec as another conservative critic of An Act for the Relief of the Parents of Theresa Marie Schiavo. So that's two so far. I'd like to think the Times just isn't trying hard enough.
Simply put: Republicans agree not to vote on a replacement for Ginsburg until January; Democrats agree not to pack the Court.
USA Today Op ed Making the Case for Abolishing the Constitutional Requirement that the President Must be a "Natural Born" Citizen
I coauthored it with Harvard Law School Professor Randall Kennedy.
If only that signaled a broader respect for legal limits on executive power.
Democrats Scuttle Marijuana Decriminalization Vote Over Fears of Not Being Deferential Enough to Cop Lobbyists
If Congress is too afraid to vote on marijuana reform, how the hell are they ever going to pass policing reform?