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The Washington Post this morning reports that the White House twice issued memoranda to the CIA authorizing the use of its so-called "enhanced" interrogation techniques. I'm not quite sure why this is breaking news. President Bush, after all, has alr...
[For The Conference on The Future of Sexual And Reproductive Rights]Barry Friedman Much of the conference commentary thus far has focused, for evident reasons, on the Supreme Court. Yet, it also is the case that the world of abortion is subterranean,...
In a 93-page opinion in the Miers/Bolton contempt case, Judge Bates not only rejects all of the various Administration arguments against justiciability, but goes so far as to reach the merits and hold that there is no basis for the DOJ argument that ...
President Bush secretly approved orders in July that for the first time allow American Special Operations forces to carry out ground assaults inside Pakistan without the prior approval of the Pakistani government,
Congressman John Conyers' recent subpoena to Karl Rove raises the interesting (and unsettled) question whether former Presidents can successfully invoke executive privilege to prevent their former aides...
My translation of and commentary on the ancient Chinese Book of Changes, or I Ching, has been published in paperback by Sybil Creek Press and is now available at Barnes and Noble and Amazon.com. You can learn more about the book here.
My interest in...
The second half of my debate with David Rivkin and Lee Casey on the constitutionality of the individual mandate has just been published by PENNumbra. Rivkin and Casey's closing statement is here and you can find mine here. If you missed the first...
Yesterday, Constitutional Accountability Center filed an amicus curiae brief in McDonald v. City of Chicago urging the Supreme Court to breathe new life into the Privileges or Immunities Clause and correct the monumental error it made in the...
NYTimes columnist Tom Friedman had one of his folksy columns in yesterday's Times about lessons his grandma (allegedly) taught him about what the United States needs to do to maintain its world supremacy. The key part of the column is as...
During her confirmation hearings Justice Sonia Sotmayor insisted that the law decides cases, not a justice’s background or ideology. Linda Greenhouse recently expressed hope that Sotomayor will abandon that line on the Court. But why? What could...
