PRIVACY + SECURITY BLOG

News, Developments, and Insights

The Confirmation Hearings: A Meaningless Ritual

Supreme Court Confirmation Hearings

There is a lot of discussion about the lack of meaningful revelations in the Alito confirmation hearings. The Roberts confirmation hearings were also devoid of much meaningful substance as well. Basically, the nominee must say that he’ll have an open mind, that he will decide cases according to the “rule of law,” that he has respect for precedent, and […]

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Is There One Best Method of Constitutional Interpretation?

Constitution First Amendment

Although the Supreme Court feels some pressure for consistency via precedent, it doesn’t seem to strive at all for consistency in interpretive approach. Thus, the Court’s opinions are all over the map when it comes to the method of constitutional interpretation. Sometimes the Court reads the Constitution broadly and dynamically; sometimes it interprets the Constitution […]

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The Pathology of Picking Supreme Court Justices

Supreme Court

The Supreme Court appointment process has become almost pathological . . . ironically, for rational reasons. The incentive is for presidents to select people who are: (1) young, so they have a reign on the Court that rivals Fidel Castro’s in length; and (2) obscure, so they have rarely taken any positions on any major […]

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