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Was Scalia’s Dissent Originally a Majority Opinion? Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating...

with such ease and confidence: Reality: Notice that support for the Lilly Ledbetter Fair Pay Act, the first legislation President Obama signed in 2009, is now equated with support for women’s equal pay. Thus do liberals constantly ratchet the country in a leftward direction, declaring...

Rick Santorum, referring to a speech by then Senator John F. Kennedy to the Greater Houston Ministerial Association in 1960, said the speech made him want to vomit because Kennedy used the term “absolute” separation of church and state. The transcript is here.   (h/t conservativegram in the Tip...

Six hours in the car alone with large gaps in radio coverage (or at least any radio you would want to listen to) can have a clarifying effect. And so it did: We are on a path to nominate someone who campaigned against Reagan, campaigned...

As you know, I knew this day would come.  The only question was whether it would be early enough in the primaries to make a difference, too late in the primaries, or in the general election. But the day surely was to come when Mitt Romney’s years...

If you haven’t heard of Ludmya “Mia” B. Love before, you will be hearing a lot more about her.  Mia has the potential to be the next big thing in conservative politics. And you heard about her here first! Mia is the American-born daughter of...

End game analysis:  Hard to assess.  Both Newt and Romney had tough segments, Newt’s earlier in the night, Romney towards end.  Newt had most highlight moments.  Perry fine, but not a real presence, not asked many questions.  Santorum very good.  Bachmann tough, but she doesn’t...

End Game Assessment:  Something different.  Not sure we learned much.  Not having everyone or at least multiple candidates together allowed for stock answers.  This was not a format in which one candidate clearly could be a winner or loser. Clearly went after Newt with the...

You probably have heard about the inappropriate booing of one of our national figures.  Such conduct undoubtedly reflected latent racial tingedness and ethnic subtextism. The Southern Poverty Law Center has issued a profile of the type of person who engages in such conduct, after an exhaustive study of the person who once threw...

I have been agnostic on the Republican primary so far, but the time for choosing has arrived. For the reasons set forth below, I believe that the primaries will come down to Mitt Romney versus Newt Gingrich.  As such, the choice is not between Newt Gingrich and...

Not going to “live blog” but will have some observations. END GAME: Perry the winner not because he was so much better than the others, but because he was so much better than he was previously.  He may have revitalized his campaign tonight.  Cain was...

A frequent commenter quoted this post by Erick Erickson at RedState: A week ago, the United States House of Representatives sent a bipartisan measure to the United States Senate where it fell five votes short of a majority. Today, John Boehner sent over legislation that...

I told myself I wasn’t going to do this, because it’s Ed Rollins’ job, but the blatent bias of Politico’s article, Michele Bachmann’s thin legislative resume, requires pointing out Politico’s thinly thought-out attack. Here is the money line on page one of the Politico article: Now...

The pool of Republican candidates just keeps growing, and voters are beginning to vet stances and pick sides. In an economy burdened by a $14.4 trillion debt and over 9% unemployment, Americans want someone new at the helm who can turn this sinking ship around....

King & Spalding dumped the House of Representatives as a client in DOMA litigation after coming under threatened protests and boycotts by groups opposed to DOMA.  A key aspect of the threats was that protesters not only would protest King & Spalding, but would go after...

Kathleen Libertarians who are involved with the Free State Project always seem incredibly optimistic that they can reform the legislative practices in New Hampshire within our lifetime. To someone jaded by the political process in the northeast (like yours truly), this sounds naïve at best....