Tag Archives: Politics

The Weekly Bipartisan: Uniting Against Indefinite Detention

[Welcome to The Weekly Bipartisan, where we share instances of meaningful bipartisanship, on the Hill and elsewhere. This project seeks to shine a light on efforts to come together to find common ground and advance shared values in a political climate defined by polarization, an increasingly jaded citizenry, and vilification instead of constructive dialogue and debate. […]

Imagine A Boot Stamping On A Human Face, Occasionally

George Orwell once pointed out that fascism, in contemporary usage, no longer held any meaning beyond “thing I do not like.” He published that essay in 1944. Matters have not improved much since. To clarify for the record: Fascism was a European movement of the 1920s and 1930s, particularly in Italy, in part in Spain. […]

The Privilege or Immunities Clause, Originalism, and Gender Equality

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . U.S. Const., amend. XIV In 1873, in The Slaughter-House Cases and Bradwell v. Illinois, the Supreme Court took a sledgehammer to the idea that the Privileges or Immunities Clause of […]

David Hume, Rubber Stamps, and Cognitive Inequality

[Today we welcome our colleague Reilly Stephens as our newest contributor here at LDB. Our agreement with him states that he will be providing insight and analysis of law, politics, and whatever else we demand, except for modern interpretive dance and ERISA, about which he knows nothing…he was particular about those last two for some […]

Justice Gorsuch’s Greatest Hits – Circuit Edition

Justice Gorsuch is just about to start his tenure on the highest court in the land, but he’s already got quite a few great quotes among his many opinions during his time on the Tenth Circuit. Here, in no particular order, is a sneak preview of things to come. *********************************** “In enlightenment theory and hard won […]

END THE FAILED AUER EXPERIMENT NOW*: THE FLAWS OF DEFERRING TO AGENCY INTERPRETATIONS OF THEIR OWN AMBIGUOUS REGULATIONS**

  Introduction Imagine a hapless individual, forced to participate against her will in a game over which participants must wager significant sums of money. The rules of the game are complex and arcane, and this individual is unfamiliar with them. Her competitor, however, is savvy and experienced, having played this game many times in the […]

Headlines Lie and Liars Use Headlines

For about seven years before law school, I worked as a freelance newspaper photographer (I’m not that old, I started in high school). I learned one of my most valued lessons about journalism during a photojournalism course taught by a great friend/mentor/co-worker. My professor displayed two photographs taken during the same political rally. The first photograph displayed a politician, standing at a podium, […]

The Dangers of Democracy: Human Rights and Majoritarianism

Introduction Last week, on December 15, we celebrated the 225th anniversary of the ratification of the Bill of Rights. While many Americans find good reason to celebrate the first ten amendments to the Constitution, not as many pause to appreciate that it is the amendments’ anti-democratic character that makes them so effective. Democracy, after all, […]

Excerpts from Sen. Sasse’s Speech to the Federalist Society

Senator Ben Sasse delivered an excellent speech at the Federalist Society National Lawyers Convention. Here are some of my favorite quotes.

On the Sisyphean Task of Political Reform – A Case-in-Point. Et tu, Elizabeth?

Bypassing the usual casual introductions and general purpose statements, let’s get right to specific and substantive matters, shall we? Almost no one in this country has ever heard of the Export-Import Bank (I’d bet the house that the demographic composition of respondents who answer affirmatively to having heard of it skews heavily to people in corporate […]