Tag: Antonin Scalia

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GOP Five Like Stripping Americans

U.S. Supreme Court Justice Anthony Kennedy, author of the strip-search decision.

Exclusive: The Supreme Court’s GOP Five just finished a run as brave libertarians protecting Americans from President Obama’s health-care reform, but now are back to their usual role as defenders of abusive state power, allowing strip searches of anyone arrested…

The Founders’ ‘Musket Mandate’

Painting of President George Washington reviewing militia troops sent to put down the Whiskey Rebellion in Western Pennsylvania in 1794.

Exclusive: The negative tone of the Republicans on the U.S. Supreme Court suggests that the Affordable Care Act, with its individual mandate to buy health insurance, may be overturned as “unconstitutional” by a partisan 5-4 vote. But key Founders had a…

If the Supreme Court Goes Rogue

U.S. Supreme Court Chief Justice John Roberts

Exclusive: George Washington and James Madison, two key Framers of the Constitution, saw nothing wrong with issuing mandates to citizens (to buy muskets for a militia), but today’s Republican majority on the Supreme Court seems set on going rogue and rewriting…

When Is a Hack a Hack?

U.S. Supreme Court Justice Antonin Scalia

Exclusive: Ronald Reagan’s Solicitor General Charles Fried sees “politics, politics, politics” at play in the apparent move by the Supreme Court’s Republican majority to kill health-care reform, but the Washington Post’s neocon editors say it’s unfair to call any of…

A Judicial War on Democracy

Former U.S. Supreme Court Justice Sandra Day O'Connor

Exclusive: Comments on the U.S. Supreme Court’s three-day debate over the Affordable Care Act have focused on the damage the five Republican justices are expected to do to President Obama by striking down his prized new law. But the bigger story may be their judicial…

GOP Justices Ignore the Founders

U.S. Supreme Court Justice Anthony Kennedy

Exclusive: As the Republican Supreme Court majority moves toward gutting health-care reform, the justices are making a mockery of the Constitution and the intent of the Founders who had good reasons to include the powerful Commerce Clause. But it appears GOP partisanship will…

GOP Justices Clown over Health Care

Broccoli, a vegetable known for its nutritional properties

Exclusive: The questions asked by the Republican partisans on the U.S. Supreme Court suggest they will overturn the Affordable Care Act. Instead of a serious debate about health care and the Constitution, they clowned around with silly what-ifs about mandating broccoli-eating and requiring burial insurance,…

Are the GOP Justices Political Hacks?

The nine justices of U.S. Supreme Court before Antonin Scalia's death. The court is still awaiting Scalia's replacement.

Exclusive: The “Obamacare” debate will test whether the U.S. Supreme Court’s five Republican justices are political hacks. After all, a right-wing think tank devised the individual mandate, which was embraced by GOP front-runner Mitt Romney, but it’s now anathema because it was…

Ron Paul’s False Founding Narrative

Rep. Ron Paul speaking to a crowd of supporters

Exclusive: Rep. Ron Paul and other right-wingers have lured many average Americans into their camp by creating a false narrative about America’s Founding, claiming that the drafters of the Constitution wanted a weak central government. But that’s not the real…

The Real Scandal of US Justice

Right-wing judges now dominate the American legal system, from the state level where corporate donations help elect them to the U.S. Supreme Court where ideologues tip the scales in favor of big business. To Michael Winship, that’s the true scandal…