Will Kavanaugh’s Confirmation Hearings Provide Any Useful Information?

Supreme Court nominees’ confirmation hearings involve much dialogue between the nominees and senators.  In two chaotic days of hearings for Judge Kavanaugh, we have seen a full spectrum of behavior from both sides of the aisle.  Showboating aside, this is a genuinely important hearing for a crucial seat on the Court and hence emotions are running…

Without a Swing It’s Game Over for Democrats

The Democrats are in a precarious position in the latest battle for a seat on the Supreme Court. Many Democrats oppose Kavanaugh’s nomination and will not vote to confirm him. Others are requesting that the Senate hold off on voting on Kavanaugh’s confirmation until the National Archives produces the record setting million or so pages…

The Big Business Court

The current Supreme Court is unabashedly friendly towards big business. How friendly? If the Court’s trajectory continues, perhaps as friendly as any Court dating back to the Lochner-era where laissez-faire policies exuded from the Court’s rulings. Prominent scholars, most notably Epstein, Landes, and Posner found empirical support for the proposition that the current Court is more pro-business…

Indirectly Inferring Kavanaugh’s Positions in Abortion Cases

A question on much of the public’s mind seems to be how Judge Kavanaugh will vote in abortion cases if confirmed to the Supreme Court, and more specifically if he will vote to overturn Roe v. Wade.  Kavanaugh has only written a decision in one case regarding abortion — Garza v. Hargan. In the decision he did…

Get Ready for A Confirmation Battle More Intense Than Most

Even though the Supreme Court is not in session it is far from out of the news. With the nomination of Judge Kavanaugh, much of the conversation now surrounds expectations for the a fierce confirmation battle – possibly one of the most fierce we have ever seen.  Some speculate that notwithstanding the drama surrounding the failure…