A Few More Points on McDonald

By Ilya Shapiro

I still haven’t finished reading the full 214-page opinion, but a few points to add to the statement I made yesterday:

Justice Alito’s plurality opinion, joined by the Chief Justice and Justices Scalia and Kennedy, is a tight 45-page discussion of the history of the right to keep and bear arms and how it relates to [...]

The Use and Misuse of Foreign Law in U.S. Courts

By Ilya Shapiro

On Tuesday I discussed the Supreme Court’s decision to strike down laws that allow juveniles to be sentenced to life without parole (LWOP) for non-homicide crimes.  What concerns me here isn’t so much the morality or policy wisdom in applying such sentences — though Chief Justice Roberts makes some good policy points in his concurrence — or [...]

Crocodile Tears? Liberals Lament Lack of Their Own on the Court

By Ilya Shapiro

An interesting narrative has arisen among some on the left that the nomination of Elena Kagan shows what chumps Democratic presidents are.  That is, not only could President Obama have tapped a stronger “progressive” voice, but he – like President Clinton before him, and unlike Republican presidents – put avoiding political fights ahead of moving the Court left.  Since LBJ, Democrats [...]