Is Trump’s Cabinet Undermining His Agenda?

Bob Woodward’s new book, Fear: Trump in the White House, has exposed something constitutional scholars might, at best, call outright insubordination. At worst, it amounts to an incidental coup by several former and current Trump Administration advisers. Then again, Woodward’s book may just be another unsubstantiated torrent directed against a president who offends the touchy […]

Read More…

Are Dems Right to Panic Over the Court? Five Originalists Weigh In

My intuition is that the Democrats are not panicking enough about the pending confirmation of Judge Brett Kavanaugh to the United States Supreme Court. They’ve been so busy ginning up their base with claims that Kavanaugh will spell the end of abortion and gay marriage that they haven’t focused on the more likely, and larger, impacts […]

Read More…

Polarization Over Kavanaugh Is a Good Thing

The heated polarization over Judge Kavanaugh’s nomination to the Supreme Court is a sign that the country is ripe for a serious reckoning with what makes a judicial nominee—particularly one to the U.S. Supreme Court—“qualified.” It shows that America is once more willing to take on the burden of doing politics with respect to the […]

Read More…

The Coming Restoration of the Constitution

Just as the upcoming midterm elections may be the most important of our lifetimes—since they will determine if the Trumpian Counter-Reformation will continue or be frustrated—the hearings this week on the nomination of Brett Kavanaugh to the United States Supreme Court are a watershed event in jurisprudence. Fifty years ago there was a fragile consensus, […]

Read More…

Packing and Unpacking the Court

In response to President Trump being called upon, once again, to exercise his constitutional power to fill a seat on the Supreme Court, Democrats broke the outrage meter. University of Baltimore Law School teacher Garrett Epps wrote at The Atlantic that “on the day the Democrats hold power to alter the makeup of the court […]

Read More…

Not Your Father’s Supreme Court

President Trump on Monday announced that he was appointing D.C. Circuit Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the U.S. Supreme Court. Not since his trip down the escalator to announce he was running for president has Donald Trump uttered more significant words. Almost exactly a year and a half ago, I wrote […]

Read More…

The Overlords Have Arrived

Ten years ago, in the runup to the 2008 Democratic National Convention, candidate Barack Obama let slip his opinion of America’s working class voters: “They get bitter, they cling to guns or religion or antipathy to people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations.” His […]

Read More…

Anthony Kennedy Got Tired of All the Winning

For the longest time, NeverTrump “conservatives” have insisted that the only good thing Donald Trump has done as president is to appoint Neil Gorsuch to the U.S. Supreme Court; and even then, they often claimed this was not enough to save his presidency in their minds, thus giving rise their oft-repeated mocking mantra for Trump […]

Read More…

Trump’s Message: Full Transparency to Restore Trust

Back in the day, I wrote for a president. Not speeches, mind you, but special correspondence and proclamations. Watching this entire nauseating mess with the Justice Department and the FBI—agencies that many believe are corrupt to their core—I thought I’d write a statement for President Donald J. Trump that he could use to address the […]

Read More…

Fake News Finally Scores on Trump

The media earlier this week reported breathlessly that President Trump was separating children from their parents at the border and placing them in cages. Trump was doing it, commentators claimed, because he is a mean, racist jerk, and this finally proved it. It was fake news, as usual. For the first time, though, President Trump […]

Read More…