"There are really only two ways to interpret the Constitution -- try to discern as best we can what the framers intended or make it up."

Says Justice Clarence Thomas. Of course, I don't believe that. Do you? Really? Does Thomas? Really? He says this: As important as our ...

McCain's judges.

John McCain gave a speech on judicial appointments yesterday, and it made me want to go back to a conference call he did with bloggers — inc...

The Pope sends Rush Limbaugh into ecstasy about... American exceptionalism.

Did you listen to Rush Limbaugh enthusing about the Pope yesterday? It was really quite bizarre. The Battle Hymn of the Republic was sung b...

The Supreme Court rejects the constitutional challenge to execution by lethal injection.

The Supreme Court has decided the lethal injection case — PDF — and I'm not surprised, having listened to the oral argument, to see tha...

Scalia on C-Span.

Video accessible from the C-Span front page . He's talking to students at Thomas Jefferson High School in Alexandria, VA. ADDED: A littl...

Chris Wallace asks Giuliani about his statement that it's "okay" if Roe is overruled and "okay" if it's not -- but doesn't push him on his answer.

Yesterday, on "Fox News Sunday," Chris Wallace invited Rudy Giuliani to clarify what he'd said at the Republican debate on t...

"Bad for You" books.

The NYT Book Review this week has a theme: "Bad for You." I don't think the individual books are anywhere near as interesting ...

I respond to letters about two NYT columns (on abortion and law school).

The NYT today has three letters on my Feb. 24 column, "Rudy & Mitt Hem & Haw on Abortion." And, check it out, the first ...

Has Rudy Giuliani gotten incoherent about abortion?

Here 's a NYT piece about how Rudy Giuliani is reframing his stance on abortion to appeal to conservatives. It contains a quote that I f...

"I'm sure that there are some conservatives out there who break out in hives when they hear a judge talking about activism."

Said Chris Wallace, interviewing Justice Stephen Breyer about his book "Active Liberty," on "Fox News Sunday" this morn...

"Will a Democratic victory in today's election suddenly restore the integrity of America's political system...?"

Lawprof John O. McGinnis looks at two books that say American democracy is broken and thinks what he's seeing are two authors who don...

The shocking decision in ACLU v. NSA.

I guess I should say I gagged on it, to keep up today's neck/throat theme. But really... I'm truly shocked. It's like the feelin...

The official explanation of the gay marriage amendment, written by the attorney general who opposes it.

The Wisconsin State Journal reports: Wisconsin Attorney General Peg Lautenschlager sent two ballot explanations of the gay marriage and deat...

Checking the tone of the hearings.

I've been slogging away at the TiVo'd C-Span coverage of the Alito hearings. I wonder how many people are really trying to listen to...

In which I advise local liberal lawyers to support Judge Alito.

After guiding my CivPro class through the mysteries of transfer of venue this morning at the Law School, I transfer myself to another venue,...

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 ...

Roberts answered "just enough questions to be confirmed"?

Todd S. Purdum writes in the NYT: On Monday, Mr. Specter, a veteran of such hearings, said it was his experience that nominees generally ans...