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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...

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...

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...

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....

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....
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