Tag: Supreme Court

Join Jim and Greg as they offer up two bad martinis and a crazy one. First, they shake their heads in disbelief and deep skepticism that the Supreme Court couldn’t figure out who leaked Justice Alito’s majority opinion in the Dobbs case, which resulted in the overturning of Roe v. Wade. They also hammer President Biden for demanding no conditions whatsoever to an extension of the debt ceiling, even though his unconstitutional plan to “forgive” student debt by forcing the bill on other taxpayers caused this debate to happen months earlier than it should have. Finally, they roll their eyes at reports that Agriculture Secretary Tom Vilsack was tapped to co-chair the Supply Chain Disruption Task Force but never went to a single meeting.  Seems to be a lot of that going around with Biden cabinet secretaries.

With the Supreme Court poised to potentially outlaw race-conscious admissions, Affirmative Action may soon be on the chopping block.

What will be the legacy of this half-century-old policy? Jason Riley, senior fellow at the Manhattan Institute and columnist at the Wall Street Journal, discusses affirmative action’s impact both on the black community and the broader American education system.

Freedom of Speech vs. Antidiscrimination Laws


Lorie Smith of 303 Creative.

Last week, the United States Supreme Court held oral argument in 303 Creative v. Elenis. It now appears that the court’s conservative majority—over three very exasperated dissenters‚ Justices Elena Kagan, Sonia Sotomayor, and Ketanji Jackson—will at last put to rest one of the most divisive issues of our age: whether state public accommodation law can compel various suppliers of wedding services—web designers, cake bakers, photographers, and more—to provide services expressing support for same-sex marriage inconsistent with their personal and religious beliefs. At long last, the answer appears to be “no.”

The problem received an indecisive answer in Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018), when Justice Anthony Kennedy issued a wishy-washy opinion that found that “a clear and impermissible hostility toward the sincere religious beliefs motivating his [proprietor Jack Phillips’s] objection” by a member of the state’s Civil Rights Commission tainted its judgment, and called for a rehearing of the case. That Delphic ruling left unaddressed whether a more circumspect Colorado commission could impose its will on future proprietors who refused to take certain jobs if it meant bearing a message with which they fundamentally disagreed.

2016 Was the Most Important Recent Election


2016 was more important than the Great Disappointment of 2022 — not that 2022 was unimportant.

Over the decades I have watched politics, I have seen just about every institution decline in honesty and competence.  That would be journalism, education, health care, and the FBI to start.  The list is long.

One institution has improved over time, and that is the Federal Judiciary.  Even when Chief Justice Roberts controlled the Supreme Court, it was an improvement over the courts that preceded it.

This week on Hubwonk, host Joe Selvaggi talks with constitutional scholar Thomas Berry about the important questions being decided in the more high profile cases facing the newly opened session of the Supreme Court. They discuss how the addition of newly appointed Justice Ketanji Brown Jackson could add a fresh perspective on the concept of originalism.


This week on “The Learning Curve,” co-hosts Cara Candal and Gerard Robinson talk with Dr. Charles Hobson, a retired resident scholar at the William & Mary Law School, 26-year editor of The Papers of John Marshall, and author of The Great Chief Justice: John Marshall and the Rule of Law. Dr. Hobson shares what students should know about the longest-serving, most important chief justice in the history of the Supreme Court, and his influence on our understanding of the U.S. Constitution. He reviews some of the most important Court decisions in American history. He also describes Marshall’s relationship with President Thomas Jefferson and their divergent views on the authority of the Court; as well as Marshall’s paradoxical position on African-American slavery. They explore the “Marshall Trilogy” of foundational Court decisions about Native Americans; and Chief Justice Marshall’s role and legacy of using the Court to safeguard the rule of law under the Constitution.

Stories of the Week: In Arizona, 40 students enrolled in the Applied Career Exploration in STEM (ACES) Camp engaged in immersive, hands-on activities and explored a wide variety of STEM careers. All 50 U.S. governors have agreed to expand K-12 computer science education in their states, prompted by a letter from 500+ business, education and nonprofit leaders urging an update.

The Abortion Decision Made Easy to Read for Both Sides


As people debate the new abortion case known as Dobbs, a common theme arises. One will ask, “Did you actually read the decision?” The other will respond, “No it’s too long and has legalese, but let me tell you what the court really meant.”

Don’t make fun of that person. They are at least right about the complexity. The decision is more than 200 pages and filled with phrases like “substantive due process” and “stare decisis.” Such phrases take whole semesters to learn in law school. How is the average person supposed to understand it?

This week on Hubwonk, host Joe Selvaggi talks with Ilya Shapiro, constitutional scholar, author, and senior fellow of Constitutional Studies at the Manhattan Institute, about the changing makeup of the court, and how this term’s most high-profile decisions reveal the judicial philosophies that comprise the current bench.


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I just finished reading Justice Thomas’s memoir My Grandfather’s Son because he has been in the news recently and it looks like progressives are going to try to intimidate him for his concurrence to the Dobbs decision (among other reasons). What a great book! The first two chapters are as good a description as can be found […]

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Nic Rowan, managing editor of The Lamp, joins Jack to relate what he saw at the Court the day Dobbs came down, and to dicuss what comes next for the pro-life movement.

This week on “The Learning Curve,” co-hosts Gerard Robinson and Cara Candal talk with Arif Panju, a managing attorney with the Institute for Justice and co-counsel in the U.S. Supreme Court school choice case, Carson v. Makin; and David Carson, the lead plaintiff. Panju shares the key legal contours of Carson v. Makin and the potential impact of the Court’s decision in favor of the plaintiffs. They delve into the origins of the Maine school tuitioning program, and the change in the early 1980s that resulted in discrimination against religious families. They also review the 2020 Supreme Court ruling, Espinoza v. Montana Department of Revenue, which was a major victory for the Institute for Justice and school choice. Carson reflects on what motivated his family to join this case and take such a courageous stand for school choice and religious liberty, and what it has been like being involved in such a high-profile U.S. Supreme Court case.

Stories of the Week: Cara and Gerard review the impact of the Pell Grant program, launched 50 years ago this week, in helping to expand access to higher education. What would high school look like if it were designed to give students job-based learning experiences and marketable skills upon graduation?

This week on Hubwonk, host Joe Selvaggi talks with CATO Institute research fellow Trevor Burrus about the recent U.S. Supreme Court decision New York State Rifle and Pistol Associate v. Bruen and its implications for an individual’s right to carry a fire arm in states such as Massachusetts.


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We have a 24/7 classical music station, via public broadcasting, and on late Sunday afternoons, a wonderful program comes on.  It highlights young classical musicians from all walks of life.  They sheepishly talk about their influences, inspiration for the piece they are presenting (sometimes written by themselves), while sharing their culture and challenges. The host […]

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Jim & Greg cheer on the Supreme Court decision that voucher programs must include religious schools if they include private schools. They also slam President Biden over his suggestion that high energy prices are getting us closer to his green energy agenda goals. And they condemn Missouri GOP Senate candidate and former governor Eric Greitens crazy RINO hunting ad.


The Democrats Are a Threat to Our Constitution


Biden set up a committee to consider court-packing. A new more sinister form of it emerged in the last week with the threat to murder Justice Kavanaugh.

Other Supreme Court justices have been threatened and the Biden administration has said nothing about it. The Senate Majority Leader Chuck Schumer threatened Kavanaugh and his colleagues said nothing. Speaker of the House Nancy Pelosi has blocked a bill to provide security for Supreme Court justices.

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This Sunday, we celebrate Mother’s Day.  Mothers will get special treatment with cards, luncheons, flowers, gifts and praise.  It was started by a woman named Anna Jarvis after her mother’s passing, and became a national holiday in 1908. She didn’t want the day to be commercialized, yet it’s popularity spread across the world and is […]

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Republican Senators Trivialize Crimes against Children


Ballot boxThis is what the RepubliCAN’T leadership of Mendacious Mitch McConnell has always been, is now, and will be if we let him and his gang control the Republican Party in the Senate. Ketanji Brown Jackson, a Supreme Court nominee with a long history of supporting the latest supposedly victimized, misunderstood sexual minority, proudly promoted her record as one of progressive enlightenment. AND. Mittens Romney defended her and proudly voted for her confirmation, alongside Mitch’s Alaskan agent, Lisa Murkowski, and the Arlen Specter splinter faction member, Susan Collins. They did so with the full permission of Mendacious Mitch, and with the cover distraction of posturing conservatives like Senators Josh Hawley, Marsha Blackburn, and Ted Cruz.

There were at least three currently active leftist judges matching the Biden regime’s additional screening criteria: African American AND Woman. Never mind the trans-agenda “problematization” of “Woman.” The left understands that the real agenda is to negate Justice Clarence Thomas, providing a counter-narrative to each opinion he writes defending religious liberty or distinguishing blacks’ real civil rights struggle from the social-sexual revolution of the alphabet alliance, started by Hugh Hefner. So, the official story was that three women were interviewed for the U.S. Supreme Court vacancy caused by Stephen Breyer’s pending retirement at the end of this Supreme Court term in June.

. . . D.C. Circuit Court Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger, and South Carolina District Court Judge J. Michelle Childs. …

This week on “The Learning Curve,” as the nation prepares for the likely confirmation of its first Black female U.S. Supreme Court justice, Cara Candal and Gerard Robinson talk with Dr. G. Edward White, David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law, and author of the three-volume book, Law in American History. Professor White draws on his experiences clerking for Chief Justice Earl Warren to share information about Warren’s character, and how his landmark Brown v. Board of Education opinion has shaped America’s legal culture and access to education in our era. They explore Professor White’s legal history trilogy, and talk about what teachers and students today should know about the Civil War and ending slavery, from the Dred Scott decision of 1857 through the Thirteenth Amendment. They delve into the second volume, from Reconstruction, industrialization, and immigration, to the rise of Jim Crow; and the third volume on massive legal changes since World War II. The interview concludes with a reading by Professor White from his trilogy.

Stories of the WeekU.S. Education Secretary Miguel Cardona is fielding criticism from the left on loan forgiveness, and the right on mask mandates and hot-button curriculum issues. The Washington Post editorial board calls out the Biden administration for proposed new federal rules that will likely hamper charter schools’ growth.