Amy Coney Barrett’s Judicial Philosophy Doesn’t Hold Up to Scrutiny

from The Atlantic During her confirmation hearings, Amy Coney Barrett argued that the judicial philosophy known as “originalism” should guide judges in their interpretation and application of constitutional principles. Most famously associated with the late Justice Antonin Scalia (for whom Judge Barrett clerked), this idea sounds simple and sensible: In determining what the Constitution permits, a judge must first look to the plain meaning of the text, and if that isn’t clear, then apply what was in the minds of the 55 men who wrote it in 1787. Period. Anything else is “judicial lawmaking.” In some cases, interpreting the Constitution […]

Continue reading

The Case for Dumping the Electoral College

from The New Yorker In 1961, Estes Kefauver, the crusading Democratic senator from Tennessee, denounced the Electoral College as “a loaded pistol pointed at our system of government.” Its continued existence, he said, as he opened hearings on election reform, created “a game of Russian roulette” because, at some point, the antidemocratic distortions of the College could threaten the country’s integrity. Judging from Twitter’s obsessions, at least, that hour may be approaching. The polls indicate that Donald Trump is likely to win fewer votes nationally than Joe Biden this fall, just as he won fewer than Hillary Clinton, in 2016. […]

Continue reading

Can the Members of the Electoral College Choose Who They Vote For?

from The Brennan Center Every presidential election brings renewed debate about the Electoral College. The discussion resonates even more this year, since Donald Trump won the presidency in 2016 despite losing the popular vote by nearly 3 million. Most of the Democratic presidential candidates want to abolish the Electoral College to ensure the person with the most votes always wins. Changing to direct election of the president could be accomplished through a constitutional amendment or, less permanently, a method such as the National Popular Vote Compact, an agreement among states to award their electoral votes to the candidate who wins […]

Continue reading

Majority Appears Ready To Uphold “Separate Sovereigns” Doctrine

from SCOTUSblog When Terance Gamble was pulled over by police in Alabama three years ago for having a faulty headlight, he probably didn’t think that prosecutors would make a federal case out of it. And he certainly wouldn’t have imagined that his case would make national headlines – not so much for its own sake, but because of what a win for Gamble might mean for prosecutions arising from Special Counsel Robert Mueller’s investigation into possible Russian interference in the 2016 election. Both of these things did happen, but after nearly 80 minutes of oral argument this morning, Gamble seemed […]

Continue reading