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Justice Scalia's Death and the Fight for the Soul of Our Constitution

Nan Aron | Posted 02.18.2017 | Politics
Nan Aron

The unexpected death of Justice Antonin Scalia and the resulting Supreme Court vacancy has rattled a political system already destabilized by what is shaping up to be a bizarre political campaign.

Lochner Lives! Why Conservatives Are Finally Giving One of the Supreme Court's Most Underrated Decisions the Respect It Deserves

Evan Bernick | Posted 06.23.2015 | Politics
Evan Bernick

It's already one of constitutional law's great comeback stories. For decades, Lochner v. New York (1905) was almost universally held to be one of the worst Supreme Court decisions of all time. Today, it is enjoying newfound respect and even admiration within conservative legal thought.

Stop Worrying and Learn to Love Lochner: Setting the Record Straight on a Great Victory for Economic Liberty

Evan Bernick | Posted 04.07.2015 | Politics
Evan Bernick

Lochner is deeply rooted in an American legal tradition that protects individual rights from overbearing majorities and entrenched special interests, and the decision showcases what courts can and must do to keep the political branches in check.

What a Conservative Judicial Revolution Looks Like

Doug Kendall | Posted 06.17.2012 | Politics
Doug Kendall

As the Supreme Court's conservative majority stands poised at the edge of a cliff -- debating whether or not to strike down the Affordable Care Act and pick a very large fight with Congress and a sitting President -- two conservative judges on the U.S. Court of Appeals for the D.C. Circuit sought to push them over the edge last week. Their opinion -- a startling call for the abandonment of eight decades of Supreme Court case law in economic cases and a return to the pre-New Deal "Lochner Era" -- is the clearest roadmap yet as to what a conservative judicial revolution looks like.

Mike Sacks

President Obama Locks Horns With Chief Justice Roberts | Mike Sacks | Posted 04.05.2012 | Politics

WASHINGTON -- Looking to a Supreme Court decision in the health care case months away, President Barack Obama has locked horns with Chief Justice John...