Jeffery Rosen's complicated idea about why the Supreme Court really should uphold Obamacare.

Generally, I'm tired of these MSM articles that seem to be trying to push the Court to uphold the Affordable Care Act — as if the Justic...

NYT/CBS poll shows low approval rating of the Supreme Court... but why?

A poll of 976 adults shows 44% approve of "the way the Supreme Court is handling its job," 36% disapprove, and 20% judiciously opi...

Do you care about Congress's limited, enumerated powers and the idea of judicially enforceable federalism?

Or do you think that's all a lot of conservative bull that we shouldn't have to pay attention to? — I ask Bob Wright, who asserts a ...

Bush v. Gore is "the case of the century" because it "truly altered history," even though it "didn’t change constitutional doctrine."

Writes TNR's Jonathan Cohn setting up a discussion of whether this year's big Obamacare decision will be the new case of the centur...

"Maybe there are good legal arguments why Kagan need not recuse herself..."

"... but there is no good reason that she shouldn't at least come forward and publicly explain her decision." Not doing so sug...

Talking Points Memo turns 10.

"The post was about Ted Olson making his debut as the chief Bush lawyer in the emerging Florida Recount battle." Yes, it's als...

How misspelled can a write-in vote for Murkowski be before it shouldn't be counted at all?

Joe Miller is arguing for 100% correct spelling. Lt. Gov. Craig Campbell, who oversees Alaska elections, has indicated that he will accept ...

Ted Olson...

... "softened"? By his new wife? I find it hard to believe. But if he gets a new haircut and new glasses, then I might believe.

Are you in the mood to watch an HBO movie about the 2000 Florida recount?

Or are you troubled that the movie may be unfair to Democrats? Warren Christopher, the former secretary of state who served as the public fa...

"It was Al Gore who made it a judicial question…. We didn’t go looking for trouble. It was he who said, 'I want this to be decided by the courts.'"

"What are we supposed to say — 'Not important enough?' It's nice to get a snappy video clip of Scalia saying this. I think ...

All this talk about Al Gore as a compromise candidate...

It's crazy, isn't it? Meanwhile, Obama is saying Hillary can stay in the race "as long as she wants." Now, I'm sure h...

Why does Naomi Wolf regret working for Al Gore?

Was it because her advice that he wear "earth tones" and establish that he is an "Alpha Male" brought him and her ridicu...

Oh, wait.

There's one more thing I've got to say about the Clarence Thomas memoir, "My Grandfather's Son." It's about Al Gor...

Solving the mystery of Clarence Thomas.

Here's a WaPo article by Kevin Merida and Michael A. Fletcher that's adapted from their new book "Supreme Discomfort: The Divi...

Al Gore jokes, then quips about the Supreme Court.

On "The Tonight Show": Former Vice President Al Gore took a swipe at Supreme Court Justice Antonin Scalia on Wednesday, referencin...

"My first response to that question always is, it's six years ago. Get over it!"

Justice Scalia responds to a question about Bush v. Gore. He adds: "It surely is not activist to apply the text of the Constitution, w...

Arguing with Armando about Bush v. Gore and Samuel Alito.

I try to stay out of arguments about Bush v. Gore . One of my earliests posts on this blog agonizes over the impossibility of teaching it t...

"The election was dragged into the courts by the Gore people. We did not go looking for trouble."

So said Antonin Scalia yesterday. Once the case had been set in motion, the Supreme Court had to take it, he said: "The issue was whet...

Looking for a strict constructionist.

Hugh Hewitt, who likes a lot of my "Mellowing on Miers" post, has a problem with my observation that Bush is failing to meet his ...

When the Court will "become unpoliticized," per Scalia.

Yesterday, Scalia and Breyer debated at Harvard Law School (via How Appealing ). Much of it is more of the usual stuff about citing foreign...