Originalism vs. a living Constitution

Is the Constitution dead or alive?  The late Justice Antonin Scalia, long the chief advocate of originalism on the Supreme Court, was unequivocal. “The constitution that I interpret is not living but dead,” he said in a 2008 speech.  His counterpart, the late Justice William J. Brennan Jr., intellectual leader of the Warren Court, was…

The Gateway Pundit says he’s the one being defamed

The Gateway Pundit, the far-right conspiracy theorist who is the target of a high-profile defamation case in the St. Louis Circuit Court, is attempting to turn the tables on his accusers.     On Jan. 16, lawyers for The Gateway Pundit filed a counterclaim against two Georgia poll workers, Ruby Freeman and daughter Wandrea “Shaye” Moss, who…

The Supreme Court is losing legitimacy

The Supreme Court’s decision overturning Roe v. Wade has resulted in the steepest drop in respect for the U.S. Supreme Court in almost a century – the steepest since the Roosevelt court packing crisis of 1937. James L. Gibson, a political science professor at Washington University and national expert on the subject, wrote in September…

‘We live in an era of bombasity because there’s no political upside to acting with humility’

When I reflect on all that has happened, there are certainly reasons to be discouraged. For six years, I’ve watched politicians foment hatred and mistrust of the press, demonizing us with the label “enemy of the people.” The stream of lies and disinformation has become a flood. And now our democracy has reached a new…

St. Louis judge largely favors Georgia poll workers in court wrangling with The Gateway Pundit

A St. Louis Circuit judge has ruled that The Gateway Pundit, the far-right conspiracy website owned by James Hoft, must provide much of the information his accusers have been seeking for six months in their defamation suit against him. Judge Jason M. Sengheiser sided largely with attorneys for the two Georgia poll workers, Ruby Freeman…