Georgia Supreme Court goes out of its way to find that cronyism is specifically enshrined in the Georgia Constitution

Courts typically avoid ruling on constitutional issues unless it is necessary to decide a case. There are several reasons for this practice, not the least of which is that ruling on controversial constitutional matters when the case can be resolved … Continue reading

O’Reilly right that Robert’s opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill went on to imply that Justice Robert’s opinion should be … Continue reading

There’s nothing activist about saying government must play by the rules.

Recently, bloggers and even the Texas Land Commissioner were decrying several Texas Supreme Court Justices for their “extreme activism” in ruling in favor of property owners in Severance v. Patterson. What was the reason for this outrage? Simple: the Court found … Continue reading

President Obama shouldn’t pick a fight with the courts

Cato’s Ilya Shapiro and I have an article on Forbes.com about President Obama’s recent comments that “activist” judges shouldn’t strike down the Individual Mandate: Everyone disagrees with Supreme Court decisions from time to time.  But Americans understand that majorities are … Continue reading