Testimony before the Subcommittee on the Courts, Commercial and Administrative Law, Committee on the Judiciary, United States…
Testimony Before the United States Senate Committee on the Judiciary June 29, 2011 My name is Robert Alt. I am the Deputy Director and…
Abstract: The recent spate of global warming lawsuits is an attempt to circumvent the political process and implement public policy by judicial fiat. Unable to advance their policies through Congress, global warming activists have turned to the judiciary to implement their agenda. Although this…
Both as governor of California and as president of the United States, Ronald Reagan was devoted to the appointment of judges who understood the proper role of the judiciary and the important limitations the U.S. Constitution sets on government. He took office as governor amid great controversy about…
Abstract: Just as juries that ignore the evidence to reach a verdict contrary to the law engage in “jury nullification,” judges that substitute their policy preferences for those of elected legislators commit “judicial nullification” by striking down democratically…
Abstract: Supreme Court Justice Joseph Story was a National Republican, and the basic constitutional thesis of national republicanism was that the Constitution establishes a national government with the power to provide the…
Abstract: Those who argue for merit selection know that it gives them their best chance to get judges on the bench who share their political and policy views. Advocates of elections are willing to take their chances openly…
In Log Cabin Republicans v. United States, the Obama Administration sought to win a policy victory by losing a case. By failing to adequately defend the “Don’t Ask, Don’t Tell” (DADT) statute—a bipartisan act of Congress that provides that members of the military are subject to separation for engaging in…
Abstract: The assault against elected judges has entered a new and more dangerous phase: Millions of dollars are being poured into efforts to promote “merit” selection of state judges, a system in which unelected, unaccountable experts and special interests recommend for appointment—and in some cases select—judges as a…
THE ISSUE: Federal criminal law has exploded in size and scope—and deteriorated in quality. Honest, hard-working Americans doing their best to be respectable, law-abiding citizens can no longer be assured that they are safe from federal prosecutors. Federal criminal law…
If you want to know why the various proposals being made to reverse the Supreme Court’s Citizens United decision all virtually ignore unions, you have to follow the money. The Senate Judiciary Committee held a hearing recently on “Corporate Spending in American Elections after Citizens United.” After,…
The context for understanding contemporary political debates regarding judicial power is provided by a proper account of the theory and history of judicial review. Judicial review is not the limited power now that it was in 1789; it has been transformed into something new and completely different. It is impossible…
Abstract: Liberals are currently engaged in a concerted effort to redefine judicial activism. Rather than accepting the true definition of judicial activism—when a judge applies his or her own policy preferences to uphold a…
Abstract: The role of the states, particularly the idea that most governmental power should be in the states, is important to America's constitutional system. It has been somewhat eroded in many fields by adverse Supreme Court decisions, but the states are still…
As the Senate considers President Obama’s appointment of Solicitor General Elena Kagan to the Supreme Court, it should reflect on the Court’s increasing role in shaping national security. Specifically, Senators should consider President Obama’s authority as commander-in-chief to use military commissions, Predator drone strikes, prolonged detention, and…
This week, President Barack Obama lashed out at the Supreme Court, slamming it as an “unelected group of people” who...…
Obamacare’s day in court didn’t go so well, and liberals are in a panic. Sensing the demise of Obamacare, they have...…
Yesterday’s decision by the Ninth Circuit striking down California’s Proposition 8, which amended the California...…
In a statement that is as unseemly as the example of judicial activism that gave rise to their removal from office,...…
As we head into Election Day tomorrow, we should note that there were two decisions last week in federal courts of...…
Both sides of the same-sex marriage debate reacted strongly to Judge Vaughn Walker’s decision in Perry v....…
Judicial tyranny is alive and well in the United States, and as a result the debate over the future of marriage may...…
In last week’s hearings to determine whether former Harvard Law School dean Elena Kagan should be a justice of the U.S....…
The false alarm concerning the possible resignation of Chief Justice John Roberts, Jr. sent shockwaves throughout the...…
Sometimes judicial activism isn't about who wins the case. It may be that the Supreme Court got it right today when it...…