Jonathan Bernstein


Supreme Court’s Aging Liberals Roll the Dice

The most important news from the Supreme Court this month? Sure, we’ve had landmark rulings in Hobby Lobby, Canning and several other cases. But the non-retirements of the court’s two senior liberal associate justices, Ruth Bader Ginsburg and Stephen Breyer, might overshadow any of those decisions in the longer run. Once again, the justices have… Read more »

Boehner Prefers Suing to Governing

News item: Speaker John Boehner is threatening to sue Barack Obama because House Republicans believe the president isn’t executing the law properly. Let’s get the basics right. No one looking at the evidence believes Obama is using his executive powers in an unusual way. At the same time, lots of people believe that presidents generally… Read more »

So When Is the Senate in Recess?

Before the Circuit Court went all activist in the Canning case, everyone thought the question was defining what counted as a “recess.” On that issue, the Supreme Court had a clear answer today: “For purposes of the Recess Appointments Clause, the Senate is in session when it says that it is, provided that, under its… Read more »

It Doesn’t Matter Where Republicans Convene in 2016

Republicans announced today that Cleveland and Dallas are the finalists for hosting their 2016 nominating convention, and the reactions are appearing on Twitter. Some make sense — reporters and others who will have to attend are rooting for the city they would rather visit for a few summer days. But some Republicans are trying to… Read more »

Republicans, Impeachment, and the Nutjob Factor

Two quick things about the possibility that Republicans will mount a futile effort to impeach President Barack Obama. This idea seems to be getting attention, perhaps because the South Dakota Republican Party officially adopted impeachment as its position this week. Or perhaps it’s because torture apologist Andrew McCarthy has a new book advocating it. Short… Read more »