Tag: Gorsuch, Neil M

Gunfight at the Supreme Court

I don’t know how the Second Amendment case the Supreme Court heard this week will turn out, but I do know this: If the subject weren’t so serious, the case in its current posture, with substantial doubt about whether there is even a dispute left for the court to decide, would be downright funny. For […]

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The Justices Should Drop This Case

In the more than 10 years since the Supreme Court ruled that Americans have a fundamental right to keep a handgun for self-defense in the home, countless laws regulating firearms and their use have survived constitutional scrutiny. Which is to say: The Supreme Court has been in no mood to expand or clarify the meaning […]

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After Long Gap, Supreme Court Poised to Break Silence on Gun Rights

WASHINGTON — It has been almost 10 years since the Supreme Court last heard a Second Amendment case. On Monday, a transformed court will return to the subject and take stock of what has happened in the meantime. The nation has had a spike in gun violence. And lower courts have issued more than 1,000 […]

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Can the Supreme Court Save Itself?

I’m often asked these days whether there is anything the Supreme Court can do to extract itself from the partisan trap into which the rancid confirmation process and the court’s own behavior have driven it. It’s a hard question because, of course, individual justices have deeply held views that happen for the most part to […]

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Who is Don McGahn, the Lawyer Behind Trump’s Court Makeover?

Episode 16: ‘Mr. McGahn’ Producer/Director Singeli Agnew Most Americans may not know Donald F. McGahn II’s name, but they’ll likely live with his legacy for decades to come. As White House counsel for the first 21 months of President Trump’s term, McGahn helped push through lifetime appointments for more than 100 conservative judges, including the […]

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Will the Supreme Court Stand Up for an Unarmed Mexican Teenager Shot by a Border Agent?

Earlier this year, aides to President Trump, who was raging in frustration at his inability to control the country’s border with Mexico, talked him out of the notion of simply shooting migrants. That would be illegal, the aides pointed out. I was incredulous this month when I read the article in The Times recounting this […]

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A Supreme Court Abortion Case That Tests the Court Itself

Under the rules that normally govern the American judicial system, the Louisiana abortion law at the center of a case the Supreme Court added to its docket last week is flagrantly unconstitutional. My goal in this column is to make visible not only the stakes in the case but also Louisiana’s strategy for saving its […]

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As the Supreme Court Gets Back to Work, Five Big Cases to Watch

WASHINGTON — The Supreme Court returns to the bench on Monday to start a term that will be studded with major cases on gay and transgender rights, immigration, abortion, guns and religion. The rulings will arrive by June, in the midst of an already divisive presidential campaign. That will thrust a court that has tried […]

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Supreme Court to Hear Abortion Case From Louisiana

WASHINGTON — The Supreme Court on Friday agreed to hear its first abortion case since President Trump’s appointments of two justices. The court’s ruling, expected in June as the 2020 presidential campaign enters its final stretch, could reshape the constitutional principles governing abortion rights. The case concerns a Louisiana law that its opponents say would […]

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To Balance the Scales of Justice, Don’t Be Afraid to Pack the Court

President Trump bragged on Twitter recently about his success filling up the federal judiciary. “I want to congratulate” Senate majority leader “Mitch McConnell and all Republicans,” Trump wrote: “Today I signed the 160th Federal Judge to the Bench. Within a short period of time we will be at over 200 Federal Judges, including many in […]

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Religious Crusaders at the Supreme Court’s Gates

The Supreme Court’s decision in last term’s big religion case, on the constitutionality of a Latin cross that stands 40 feet tall on public land in Bladensburg, Md., left both sides in the religion wars unsatisfied. The court’s several opinions, adding up to seven votes to keep the cross in place, disappointed the secularists who […]

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A Supreme Court Term Marked by Shifting Alliances and Surprise Votes

WASHINGTON — The Supreme Court term that ended on Thursday was expected to be a blood bath for its four-member liberal wing. Instead, shifting alliances produced a series of surprising liberal victories. Some were minor, and some were tentative. But in the end, the court’s liberals prevailed in fully half of the 14 rulings decided […]

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