Stephen Breyer

How the Supreme Court lost its real diversity

If you followed the nominations of Brett Kavanaugh and Merrick Garland, or the news after Stephen Breyer announced his retirement, you might have concluded that the country has never been more divided on what makes a good Supreme Court justice. Kavanaugh’s hearings were among the most divisive and brutal in history, but he at least had a hearing: Garland’s nomination was dead on arrival in the Senate. The selection of justices has become a preeminent political issue.

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A law school excommunicates a heretic

In Christianity, it’s referred to as “excommunication.” In Judaism, it’s known as “Herem.” On today’s law school campuses, where one misconstrued tweet can land you an ecclesiastical censure, it’s called “administrative leave.” Ilya Shapiro, senior lecturer and the executive director of the Georgetown Center for the Constitution at the university’s Law Center (GULC), is the latest casualty of the puritanical terror currently bedeviling higher education.

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‘Kamala for SCOTUS’ is a distraction Biden wants

No, Kamala Harris will not be Joe Biden’s nominee to replace Justice Steven Breyer when he retires from the Supreme Court later this year. “Imminent Supreme Court retirement?” ejaculated CNN legal analyst Jeffrey Toobin earlier this month. “Longshot: VP Kamala Harris,” he suggested. NBC scooped on Wednesday that Breyer would step down at the end of this term — and more cranks joined the Kamala chorus. “Kamala Harris for the Supreme Court. #KHive She cannot win election with these numbers (yes it’s unfair, but Kamala is a pragmatist) she’s young, she’d be a great justice — and she’d spend a lifetime on the bench,” tweeted Louise Mensch. “@amyklobuchar for Vice President.” “Straightforward from here,” wrote Bill Kristol.

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Get ready for a brutal Supreme Court fight

During the recent Supreme Court arguments in the school choice case Carson v. Makin, Justice Stephen Breyer asked the following concise question: I -- I might ask this because it's related to what Justice Kavanaugh said and -- and what you're saying. I mean, it is discriminatory against religion, but I think the Establishment Clause problem or interest underlying it forever has been beware if the government gets too involved. One, people will think the government favors some things as opposed to others, and that that will cause strife. Two, the Vietnamese boat people will have no problem in Los Angeles, but they sure will in Maine because there aren't enough of them.