The Unz Review: An Alternative Media Selection
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Supreme Court

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"If the provisions of the Constitution be not upheld when they pinch, as well as when they comfort, they may as well be abandoned." -- Justice George Sutherland (1862-1942) Here we go again. The legal battle over the constitutionality of the Affordable Care Act -- Obamacare -- will soon be back in court due to... Read More
When Donald Trump became president, he swore an oath to uphold the Constitution and enforce federal laws "faithfully." James Madison, who was the scrivener at the Constitutional Convention, insisted on using the word "faithfully" in the presidential oath and including the oath in the body of the Constitution because he knew that presidents would face... Read More
The Media’s Moving On, But I’m Not
It’s been three weeks since Dr. Christine Blasey Ford gave her testimony before the nation and I’m still struggling to move on. As talk turns toward the impending midterms, I find myself mentally pushing back against the relentlessness of the news cycle as it plows on, casting a spell of cultural amnesia in its wake.... Read More
I missed the Salem witch trials, but I well remember Anita Hill at the Clarence Thomas hearings. How could I forget the fire in her eyes or the cool precision of her responses to that phalanx of old white men so titillated by her answers as they pressed her for more salacious details? I remember,... Read More
See earlier, from 2016: Ann Coulter: Trump Wins "Disavowal" Game, Then Super Tuesday It’s not just a moral truth, but a political one—cucking gets you nowhere. (Looking at you, Laura Ingraham). Brett Kavanaugh’s courageous testimony in his Supreme Court confirmation hearing emboldened many Republican senators, including Lindsey Graham (!), to rally to him, and of... Read More
What if the whole purpose of an independent judiciary is to be anti-democratic? What if its job is to disregard politics? What if its duty is to preserve the liberties of the minority -- even a minority of one -- from the tyranny of the majority? What if that tyranny can come from unjust laws... Read More
After a 50-year siege, the great strategic fortress of liberalism has fallen. With the elevation of Judge Brett Kavanaugh, the Supreme Court seems secure for constitutionalism -- perhaps for decades. The shrieks from the gallery of the Senate chamber as the vote came in on Saturday, and the sight of that bawling mob clawing at... Read More
Four days after he described Christine Blasey Ford, the accuser of Judge Brett Kavanaugh, as a "very credible witness," President Donald Trump could no longer contain his feelings or constrain his instincts. With the fate of his Supreme Court nominee in the balance, Trump let his "Make America Great Again" rally attendees in Mississippi know... Read More
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Bret Kavanaugh is a pathological liar and in any position of power he is a danger to society. I do not say this lightly, nor am I referring to Kavanaugh’s aberrant behavior that Dr. Christine Baisley Ford and others testified about: the attempted rape, sexual battery, drunkenness, blackouts and aggressions. All of that is important... Read More
Harsh winds are blowing on Capitol Hill. The hoped-for and feared clash between Judge Brett M. Kavanaugh and his principal accuser, Dr. Christine Blasey Ford, has come and gone, with all of its calculated and spontaneous outbursts, as well as gut-wrenching emotion. Dr. Ford subjected herself to the public humiliation of revealing an intimate and... Read More
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One of many cringe-making moments in Christine Blasey Ford’s protracted complaint before the Senate Judiciary Committee—and the country—was an affectation-dripping reference to her hippocampus. “Indelible in the hippocampus” was the memory of supreme court nominee Brett Kavanaugh sexually assaulting her, some 36 years back, asserted Ford in that scratchy, valley-girl voice of hers. With that,... Read More
Republican leaders are "a bunch of wimps," said Jerry Falwell Jr. Conservatives and Christians need to stop electing "nice guys." "The US needs street fighters like Donald Trump at every level of government because the liberal fascists Dems are playing for keeps." So tweeted the son and namesake of the founder of the Moral Majority,... Read More
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This has, in my opinion, been an unfortunate week in the politics of our republic. From a partisan political point of view the Senate Judiciary Committee hearings on Judge Kavanaugh. have ended well, with Kavanaugh being voted through by the committee. The entire Senate will vote on his appointment to the Supreme Court next week.... Read More
Judge Brett Kavanaugh's nomination to the Supreme Court was approved on an 11-10 party-line vote Friday in the Senate Judiciary Committee. Yet his confirmation is not assured. Sen. Jeff Flake, Republican of Arizona, has demanded and gotten as the price of his vote on the floor, a weeklong delay. And the GOP Senate has agreed... Read More
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By the time this column goes to press, Christine Blah-Blah Ford would’ve appeared before the coven once considered the greatest deliberative body in the world: The United States Senate. At the time of writing, however—on the eve of a hearing conducted by the Senate Judiciary Committee to ascertain the veracity of Blasey Ford’s sexual assault... Read More
Until two weeks ago, President Donald Trump's nomination of Judge Brett Kavanaugh to a seat on the U.S. Supreme Court seemed a sure thing. He ably handled more than 1,200 questions put to him by members of the Senate Judiciary Committee. He demonstrated even to his adversaries a masterful command of constitutional jurisprudence. The FBI... Read More
Thursday is shaping up to be the Trump presidency's "Gunfight at O.K. Corral." That day, the fates of Supreme Court nominee Brett Kavanaugh and Deputy Attorney General Rod Rosenstein, and much else, may be decided. The New York Times report that Rosenstein, sarcastically or seriously in May 2017, talked of wearing a wire into the... Read More
The fuss over Supreme Court nominee Brett Kavanaugh having allegedly copped a feel from a high-school girl 35 or 36 years ago blew up just after last week's Radio Derb went to tape. My own first reaction, when I first heard the accuser's account of what happened, was: "They're making a fuss about that?" But... Read More
Upon the memory and truthfulness of Christine Blasey Ford hangs the Supreme Court nomination of Judge Brett Kavanaugh, his reputation, and possibly his career on the nation's second highest court. And much more. If Kavanaugh is voted down or forced to withdraw, the Republican Party and conservative movement could lose their last best hope for... Read More
When Donald Trump started running for the Republican nomination for president in June 2015, he began by attacking the Republican establishment in Washington, and he began his attack by calling the establishment "the swamp." His real target was the permanent government and its enablers in the legal, financial, diplomatic and intelligence communities in Washington. These... Read More
If Mitch McConnell's Senate can confirm his new nominee for the Supreme Court, President Donald Trump may have completed the capture of all three branches of the U.S. government for the Republican Party. Not bad for a rookie. And the lamentations on the left are surely justified. For liberalism's great strategic ally and asset of... Read More
Big Media, the policy veterans and the chancelleries across Europe and Britain are constantly complaining: Donald Trump has had the temerity to defy their international order, summit—and seek peace—with their enemies, and mess with the multilateral maze they call agreements. He even declared, early in June, that the US would be far better off if... Read More
I have spent this past week watching the Senate Judiciary Committee interrogating U.S. Circuit Judge Neil Gorsuch. Judge Gorsuch is President Donald Trump's nominee to fill the vacancy on the U.S. Supreme Court. The vacancy was created by the death of Justice Antonin Scalia more than 13 months ago. The Supreme Court is currently generally... Read More
[Adapted from the latest Radio Derb, now available exclusively on VDARE.com.] Inevitably, a federal judge (William M. Conley, nominated by Obama) is trying to block President Trump’s revised travel ban [Judge: Revised Trump ban cannot be enforced on Syrian family, by Todd Richmond, AP, March 11 2017]. This is just the next shot in what... Read More
"Disheartening and demoralizing," wailed Judge Neil Gorsuch of President Trump's comments about the judges seeking to overturn his 90-day ban on travel to the U.S. from the Greater Middle East war zones. What a wimp. Did our future justice break down crying like Sen. Chuck Schumer? Sorry, this is not Antonin Scalia. And just what... Read More
"Her mind is shot." That was the crisp diagnosis of Donald Trump on hearing the opinion of Justice Ruth Bader Ginsburg on the possibility he might become president. It all began with an interview last week when the justice was asked for her thoughts on a Trump presidency. Ginsburg went on a tear. "I can't... Read More
When the sad news came of the sudden death this past weekend of U.S. Supreme Court Justice Antonin Scalia, I wept for my friend. We had developed a happy friendship during the past 15 years, one which I had selfishly hoped would endure. He permitted his friends to see all of him. We knew him... Read More
It is a measure of the stature and the significance of Justice Antonin Scalia that, upon the news of his death at a hunting lodge in Texas, Washington was instantly caught up in an unseemly quarrel over who would succeed him. But no one can replace Justice Scalia. He was a giant among jurists. For... Read More
"If the law supposes that, the law is a ass -- a idiot." Charles Dickens gave that line to Mr. Bumble in "Oliver Twist." And it sums up the judgment of Rowan County Clerk Kim Davis about the Supreme Court's Obergefell decision, which said the 14th Amendment guarantees same-sex couples the right to marry. Davis... Read More
By ruling for the government in the case of King v. Burwell, the Supreme Court once again tied itself into rhetorical and logical knots to defend Obamacare. In King, the court disregarded Obamacare’s clear language regarding eligibility for federal health care subsides, on the grounds that enforcing the statute as written would cause havoc in... Read More
Do the states have the right to outlaw same-sex marriage? Not long ago the question would have been seen as absurd. For every state regarded homosexual acts as crimes. Moreover, the laws prohibiting same-sex marriage had all been enacted democratically, by statewide referenda, like Proposition 8 in California, or by Congress or elected state legislatures.... Read More
This week, supporters of religious freedom cheered the Supreme Court’s ruling in the Hobby Lobby case. The Court was correct to protect business owners from being forced to violate their religious beliefs by paying for contraceptives. However, the decision was very limited in scope and application. The Court’s decision only applies to certain types of... Read More
CounterPunch Diary
Sexual politics command passions in American political life far more powerful than those currently focused on Wall Street bankers or on BP. By conventional measures Elena Kagan should sail through her nomination by President Obama to one of the most influential jobs in America -- a seat on the US Supreme court -- in a... Read More
A Barnyard Smell in Chicago, Harvard and Washington
President Obama has nominated Elena Kagan for Justice of the United States Supreme Court on the basis of an academic publication record, which might give her a fighting chance for tenure at a first rate correspondence law school in the Texas Panhandle. A review of her published scholarship after almost two decades in and out... Read More
CounterPunch Diary
With the impending departure from the U.S. Supreme Court of Justice John Paul Stevens at the age of 89, we lose one of the nation’s last substantive ties to Great Depression and to the effect of that disaster on the political outlook of a couple of generations. Stevens’ father, Ernest, owned a famous hotel in... Read More
CounterPunch Diary
If Judge Sonia Sotomayor is confirmed, the US Supreme Court will consist of six Catholics, two Jews and precisely one white Anglo-Saxon Protestant in the form of Justice John Paul Stevens, who is 88 years old and boasts of two important WASP insignia: inherited wealth and a bow tie. He also thinks that Shakespeare’s plays... Read More
Why Rehnquist Shouldn't be Buried on American Soil
Let's not wring out the tears for William Rehnquist. The man was the worst chief justice to ever serve on the Supreme Court; a complete failure who disgraced his office and the people he was supposed to serve. Never in the 200 year history of the nation has the high court sustained more damage under... Read More
Does it make any difference who wins the presidential election? Both major candidates are so close to each other on so many major issues—immigration, trade, even foreign policy—that it's very hard to tell, and many conservatives who usually vote Republican are asking why they should vote for President Bush at all. One reason they should,... Read More
Do you remember the first time you dated an authority figure? A cop, a teacher, a doctor, an army officer, a nurse, a minister of religion? Remember how intimidating it was? — intimidating, yet thrilling! The insouciance with which you let it be known to friends that you were going out on a date with... Read More
If there's any good reason to vote for one major party candidate over the other this year, it's probably the appointments to the Supreme Court he's likely to make. The court is the staple reason the Republicans have invoked for the last eight years to argue why conservatives should vote for them instead of a... Read More