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  • Commentary posted July 30, 2010 by Robert Alt, Deborah O'Malley Kagan's Red Flags

    Senators will vote soon on whether to confirm Elena Kagan to the Supreme Court. Her record is unusually slim for a Supreme Court nominee, and her confirmation hearings revealed little more about her approach to the law. Yet there are red flags in her record. Kagan has demonstrated a disregard for those laws and constitutional rights she disagrees with, from the…

  • Commentary posted June 8, 2010 by Brian W. Walsh, Robert Alt Obama’s Gulf Fix

    As oil continues to pour into the Gulf of Mexico, what the region needs most is the nation’s best experts to plug the well and clean up the mess. It doesn’t need Justice Department prosecutors threatening criminal charges. Yet that’s exactly what it’s getting. The Obama administration has launched a criminal investigation and may prosecute BP and others for their roles…

  • Commentary posted August 28, 2009 by Robert Alt Obama Should be 'Decider' on CIA Interrogators Probe

    When questioned about the possibility of prosecuting Bush administration officials, President Obama has repeatedly claimed that he wants to look forward, not backward. Yet his spokesman said Monday's decision by Attorney General Eric H. Holder Jr. to reopen the investigation of CIA interrogators was made solely by the attorney general. If the White House is…

  • Commentary posted July 13, 2009 by Robert Alt Sotomayor's Full Court Press

    Tomorrow, the Senate begins confirmation hearings for Sonia Sotomayor's nomination to the Supreme Court. Lawmakers have a duty to ask tough questions and to seek real answers before confirming her to the highest court in the land. Throughout her career, Judge Sotomayor has made statements and issued decisions that raise grave concerns about her impartiality, her…

  • WebMemo posted July 10, 2009 by Deborah O'Malley, Robert Alt Key Questions for Sonia Sotomayor

    Since Judge Sonia Sotomayor was nominated for the Supreme Court by President Barack Obama, she has received fierce criticism for a number of her public statements and court opinions that reveal a troubling judicial philosophy. She has questioned whether judges can and should set aside personal bias, mocked the idea that judges do not "make law," and argued that…

  • Commentary posted May 4, 2009 by Robert Alt Why Souter Matters

    Following Justice David Souter's retirement announcement, pundits of all stripes came to a common conclusion: it just doesn't matter. Given Souter's reputation for voting with the liberal block on the Court, many believe that the vacancy created by his retirement produced a zero-sum game - one in which one liberal voice on the court would be replaced with another…

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