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RBG’s Hubris Is a Gift for Donald Trump

By Mark Pulliam | Jan 2, 2019

The 85-year old Ruth Bader Ginsburg, appointed to the U.S. Supreme Court by President Bill Clinton in 1993, is approaching her 25th anniversary as a justice. She is historic in many respects: the second female to serve on the high court, the first Jewish female justice, and the longest-serving Jewish justice ever. Her record as a reliable liberal vote on the court, along with her well-publicized background as a trail-blazer for women’s rights, has made her an icon on the Left—celebrated as the “Notorious RBG” and featured in the recent film “On the Basis of Sex.”

Fifth Circuit to determine if Texas anti-SLAPP applies in federal court, dozens of media orgs file brief in support

By David Yates | Nov 29, 2018

NEW ORLEANS – Dozens of media organizations, including the American Society of News Editors, have filed a friend of the court brief in a case before the Fifth Circuit Court of Appeals that could determine whether state anti-SLAPP statutes apply in federal court.

The Delusion of Good Faith Judging

By Mark Pulliam | Jun 2, 2018

The concept of written legal rules—of the law itself—assumes that their content is fixed and ascertainable. The rule of law likewise depends on citizens having advance notice of what they can and cannot do, pursuant to clear, knowable directives. Legal scholars expend enormous energy pontificating about the appropriate techniques judges should apply in the course of constitutional interpretation: textualism, originalism, and so forth. Libertarian theorists argue strenuously that judges must be given greater authority—through “judicial engagement”—over the political branches. Each day, lawyers across the country trot off to court, briefs in hand, hoping to convince a black-robed judge–enthroned behind a raised, magisterial bench—that the relevant legal rules, properly construed, compel a ruling in favor of their client.

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