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November 23, 2016

Donald Trump's election as president is due in no small part to the prominence of the Supreme Court in the campaign, following a spike in judicial activism this decade.

Doubts about Trump faded when Republicans and like-minded voters looked back at the High Court's unmistakably activist decisions on ObamaCare and same-sex marriage, and considered the consequences of a Court dominated by Hillary Clinton appointees.

Progressives who cheered those decisions may want to reflect on the electoral consequences of an activist Court. Reports Politico:

Exit polls showed that Trump voters were motivated by the Supreme Court issue.

Voters who called High Court appointments the most important factor in their presidential choice constituted a full 21% of the...

October 27, 2016

What would it take for Donald Trump to win the presidency? Pundits trying to answer that question turn to the patchwork of red and blue on the electoral vote map, looking for possible paths to the 270 electoral votes required to become president. Their answers range from somewhat complicated to ABC News' 700-word, four-step analysis and beyond. So let me simplify things for you.

For Trump to be nearly certain of victory, it is both necessary and sufficient that he close his current deficit of about five points in the national popular vote, as measured by an average of polls.

That's because American history tells us that the candidate who wins the national popular vote will almost always win a majority of the electoral votes and beco...

October 21, 2016

In response to the first question in Wednesday's third and final presidential debate, Donald Trump declared that "if my opponent should win this race, … we will have a Second Amendment which will be a very, very small replica of what it is right now."

That might sound like an overly pessimistic prediction, but it is actually the best gun owners can hope for under a Hillary Clinton presidency.

Despite Clinton's protestations to the contrary Wednesday night, she supports even the most draconian restrictions on gun ownership. And, in all likelihood, the Justices she will appoint to the Supreme Court will profoundly diminish Second Amendment rights or, even worse, entirely eviscerate them by overruling the Court's precedents.

Discussion of gun rig...

June 15, 2016

In a blow to Internet freedom, a federal appeals court has given a green light to the Federal Communications Commission's (FCC) Open Internet Order, a plan to impose net neutrality rules on the Internet. Most disturbingly, the ruling yesterday by a 3-judge panel of the D.C. Circuit affirmed the basis for the Order, the FCC's determination that it can apply utility-style regulations – intended for telephone companies under the Communications Act of 1934 – to land-based and wireless Internet service providers (ISP). In one of the most egregious instances of overreaching by federal agencies under the Obama Administration, the FCC used the determination to grant itself sweeping power to regulate the Internet, opening the door to a plethora of b...

November 10, 2010

Curt Levey, who has worked to secure the placement of Republican nominees on the bench, said that it is almost impossible to filibuster a Supreme Court nominee.

August 7, 2008

Judicial activism is the subject of the cover story in this month’s Townhall Magazine. The article, by Committee for Justice Executive Director Curt Levey, attempts to cut through efforts to “blur and distort the definition of judicial activism” by clarifying, in layman’s terms, what judicial activism is and what it is not. Levey notes that

“[T]he purveyors of judicial activism – and its handmaiden, the ‘living Constitution’ – try hard to blur the distinction between activist and legitimate court decisions. So it’s important to clarify that true judicial activism is marked by the elevation of a judge’s policy preferences above objective interpretation of the law, such that the resulting decision is not plausibly grounded in the common s...

December 15, 2005

Since Judge Samuel Alito was nominated to the Supreme Court on October 31, his supporters and detractors have been doing battle across the nation's television screens and newspapers. Prominent in the battle have been a handful of groups on both sides of the debate, such as Progress for America and the Committee For Justice on the right, and People for the American Way and the Alliance For Justice on the left.

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